Los Angeles Criminal Lawyers Blog

A person who has been charged with a criminal case in Los Angeles will be brought before the Criminal Court so that a case can be conducted to determine whether they will be guilty or not. A Prosecuting attorney will set out to prove that the person being charged is guilty beyond a reasonable doubt. The criminal defense attorney will present a defense that goes to show that there is not enough evidence to determine guilty beyond a reasonable doubt by casting doubt on the evidence presented.

There are two types of evidence that a prosecutor and a defense attorney will use to prove their arguments; direct evidence, and circumstantial evidence. Direct evidence is evidence that is directly observed, it provides direct evidence of guilt. An example of direct evidence in a DUI case is a blood test that reads over .08. A blood test reading will provide evidence that the driver was intoxicated.

Direct evidence in other criminal cases will include direct police observation, and the testimony of that officer on the stand stating that what he or she observed. If there is a case for assault, direct observation would also include a nearby witness who saw the assault happen. For example, lets say Dan and Victor were having a heated discussion on the street outside of a bar. Will is the guy working at the door and checking I.D's. The discussion between Dan and Victor escalates and Dan hits Victor. Will standing nearby witnesses the whole incident and is questioned later by authorities that are called. The testimony that Will provides will be direct evidence.

Circumstantial evidence is evidence that combined together points to the trust or supports an assertion. Circumstantial evidence will be different pieces of evidence that doesn't provide the direct truth, but infers a truth. For example, officers obtain a search warrant to search the home of a person suspected of being in possession of drugs for sale. What the officer directly observes and testifies on, will be direct evidence.
However, the drug paraphernalia, such as scales, baggies of weighed drugs and grown marijuana or what not, will be considered circumstantial evidence. The paraphernalia compiled together points to the inference that the person whose home it was, was in possession of the drugs for sale.

Direct evidence will hold more weight in court, in comparison to circumstantial evidence because it is evidence that goes to the truth of the crime, and not the truth through inference. Direct evidence may be weakened by a witness's credibility. If the person testifying is not a neutral party, their testimony may be taken lightly because there may be somewhat of a doubt of bias. In the example of Dan and Victor, Will was the neutral person offering direct evidence in the form of testimony. If Will was a friend of Dan's his testimony would be weakened in comparison to Will being a worker at the bar.

Evidence will make your case stronger, and will help cast doubt on prosecutor's case. A well prepared defense by a knowledgeable Los Angeles Criminal Defense Attorney will give you the best chance of having your case dismissed or in the very least, reduced.

When a person is charged with a criminal case in southern California, the burden is on prosecution to prove that the person is guilty beyond a reasonable doubt.

Looking at an example will provide clarification. Dan was stopped by officers on suspicion of driving under the influence. He was sleeping in the backseat of his parked car, in a parking lot, with the engine off and the key in his pocket. The parking lot was to a Target store, and no bar, club or restaurant. Dan submitted to a breath test and blew a .10, well above the legal limit for blood alcohol.

When brought before the Judge, prosecution will argue that Dan was in fact driving under the influence, even if he was found sleeping in the backseat of his parked car. They will use the facts of the situation ( known as circumstantial evidence) to create a scenario for the court that demonstrates that at some point, Dan was driving while under the influence.

They will say that he had to have gotten to the parking lot somehow since it was apparent that Dan had not drank somewhere nearby and walked to his car. They will suggest that the car is Dan's, he is the only person in it, and he has the keys. Therefore, all the facts lead up to Dan having driven to the parking lot, while intoxicated and eventually having stopped and taken a nap.

The jury will then determine if the facts prove that Dan is guilty beyond a reasonable doubt.

However, Dan has the option to present his defense. With the help of a knowledgeable DUI lawyer, Dan can prepare a strong argument that disputes one of the essential elements of a DUI case. If Dan presents a defense, he has the burden to show that the defense invalidates his guilt beyond a reasonable doubt.

A necessary element for a person to be found guilty of a DUI, is that the prosecutor's must prove the person had been driving AND intoxicated. Here, there is no dispute that Dan was intoxicated, since there is a breathalyzer proving his BAC. However, he was not observed by officer's to be driving. The prosecutor's can only make an inference, and using evidence, prove that inference is true beyond a reasonable doubt.

Dan, with the help of a DUI specialist, argues that he had not been driving but was dropped off at his car by a friend after leaving the friend's house and realizing that he was too drunk to drive, fell asleep in the backseat. His Criminal Defense lawyer then creates a scenario for the Judge that corroborates Dan's account of events that night. The car was still parked, and Dan was in the backseat sleeping. The keys were not in the ignition or anywhere near the ignition, but were in his pocket. Additionally, the attorney will likely contact the friend to testify as to Dan's story, creating a strong defense that Dan was not driving.

A strong defense to any criminal charge significantly weakens Prosecution's argument. With a weak argument, the government cannot prove guilty beyond a reasonable doubt and the case will likely be dismissed or reduced.

An embezzlement charge is a form of theft in California. Under California Penal Code §503 it is unlawful for a person to misappropriate property entrusted to them due to their position. It is taken more seriously by courts than that of theft because the person who is stealing is someone who has been entrusted with the property.

For example, let's say a bank teller has been collecting deposits from customers and putting half into her own account. She will be charged, and most likely convicted, of embezzlement.

Due to the fact that embezzlement is a form of theft, a person who is charged and convicted of embezzlement will be sentenced within a range provided by the theft statute under the California Penal Code. PC §§487 and 488 establish a range for potential penalties that may be imposed if a person is convicted of the charge.

The section a person is charged under will be determined by the value of the property that was embezzled. If it is over $950 it will be charged as grand theft under Penal Code §487. If the amount was less than $950, it will be charged under Penal Code §488.
If the amount is under $950, it will more likely than not be charged as a misdemeanor. However, a charge over $950 may be charged as either a misdemeanor or a felony. The final charge will depend on the specific circumstances of the case as well as the person's criminal history.

For example, let's say a person embezzles about $2,000 from her work, putting it into personal funds instead of company funds she will be charged with embezzlement. Since it is $2,000 ( over $950) she will be sentenced according to established ranges in Penal Code §487. She has embezzled funds from her previous two jobs and has been convicted before. Furthermore, she has another theft charge for which she was convicted for stealing clothing valued at $1000. Due to the increased amount of $2,000 that she has embezzled and her previous record that shows a disposition of theft, she will likely be charged with a felony.

Felony charges under Grand Theft will have a range up to 16 months to three years in state prison and a maximum fine of $10,000. A misdemeanor charge under the Grand Theft statute will have a range of up to one year in county jail and up to $1,000 in fines, or both.

If the property embezzled was less than $950, the person will be charged under the petty theft statute. The potential consequences for petty theft are much less than Grand Theft. The person can face anywhere up to six months in county jail, or a fine of up to $1,000.

The potential penalties for theft are imposed by legislation as a guideline for courts to use. A person may be charged at the low end of the spectrum without ever serving any jail time and a minimal fine. To present the best possible defense consult an experienced Los Angeles Theft Lawyer so that they can prepare a strong argument that will give your case the best possible chance of being reduced or possibly even dismissed.

California Penal Code §503 makes it unlawful for a person to fraudulently appropriate property of another person's that has been entrusted to you. This charge is often also referred to as employee theft of fraud. To put it more simply, it is when a person uses their position of trust to steal from those who have entrusted them.

Embezzlement can be extended to money, or personal property, as long as it has been misappropriated by a person who is being trusted with it.

An example of an embezzlement case would be a typical bank teller scenario. A bank tells is entrusted by others to handle their money and protect it. If the bank teller is stealing money and directing it into their own account, they will be charged with embezzlement. Embezzlement is a more serious form of theft because it is being abused by someone who is trusted with the person's property.

In order for a person to be found guilty of embezzlement they must be in a position of trust. For example, let's say John and Dan are friends. Dan takes a $100 bill from John's wallet when he is not looking. This is not embezzlement, John had not given Dan the $100 to watch for him, nor was Dan in a position of trust to watch that $100 for him. In comparison, let's say that Danielle works as a babysitter. When she goes to babysit for the Smiths, she takes a couple hundred dollar bills out of the Smith's drawer. This case will meet the requirements for being charged with embezzlement because Danielle was in a position where the Smiths trusted her with their home and property.

Although it occurs in a variety of settings, embezzlement is most often found in the employment arena. If tried and found guilty of embezzlement, the charge will remain on a person's permanent record until it can be properly expunged. Any future employment that you seek will ask for about the embezzlement charge, adding to the consequences of an embezzlement charge in addition to the imposed sentence.

An embezzlement charge on your record will affect future employment, applications to financial institutions, as well as education applications. A San Diego Criminal Defense lawyer has handled thousands of embezzlement cases and can discuss with you the available defenses and options. It is important to prepare a strong defense for your embezzlement case to assure that you have a fighting chance of having it reduced or dismissed.

Many of our clients come to us when they have been charged with a California Hit and Run. For a person to be convicted of a Hit and Run, there must be damage to person or property, and there must be a lack of information exchange.

There are often available defenses for a Hit and Run, but any possible defense must be addressed and assessed before the first court date, and early on, in order to have the best possible chances for dismissal or reduction.

One commonly used tool to help dismiss or reduce a Hit and Run case is Civil Compromise. Civil Compromise is an agreement made outside of court between the injured party and the person being charged. The person being called to court will agree to reimburse and make amends to the injured party, and in return, the injured party will agree to not bring charges. This is a method used in Civil Court and will be a valid dismissal before the civil judge. However, while a Civil Compromise may not dismiss a case right away before the Criminal Judge, it will certainly be a powerful argument to help aid in reducing or dismissing the criminal case.

A civil compromise cannot be completed quickly a day or two before a court appearance. It takes time to contact the injured party, make negotiations, make amends, negotiate with Prosecutors and eventually present to the Criminal Judge. Because of the length of time it takes to prepare a strong defense using Civil Compromise, it is important to hire a Los Angeles Hit and Run attorney as soon as possible.

For example, a woman is charged with Hit and Run where she accidentally hit a car, left minimal damage and failed to leave a contact number or information. She was found and arrested by officers, and the damage on the cars matched providing proof that she was the one who had hit the injured party's car. A Criminal Defense attorney will prepare a Civil Compromise with the injured party. They will negotiate the proper costs to fix the vehicle and the woman being charged will pay the total amount of damage. When all payment has been completed and the injured party is satisfied, the attorney will use that as leverage when addressing the criminal case being brought against the woman. This process can take a long time depending on the extent of the damage, the person's ability to pay and the injured parties cooperation.

A Hit and Run can have many consequences on a person's criminal record, their social life as well as their future employment and driving privileges. Seeking the help of an experienced Criminal Defense attorney who has helped dismiss and reduce hundreds of hit and run cases will prove to be very beneficial.

At the time of arrest, police officers can be a little aggressive in questioning the person being charged as well as in searching private spaces that should be protected by the Fourth Amendment. This often leads to uncooperative behavior by the person being arrested because they do not feel as if they are being treated properly.

In certain situations, uncooperative behavior can result in additional charges such as resisting arrest. California Penal code §148 (a)(1) makes it illegal for any person to willfully resists, delays or obstructs any public officer will be charged accordingly. Any penalties arising from a resisting arrest charge will be in addition to charges sentenced for the crime during which the person was being uncooperative.

If a person is convicted of a resisting arrest charge, they may be sentenced anywhere up to a year in county jail and/or a fine of up to $1,000. The final penalty will depend on the specific facts of the arrest and the person's prior criminal history. If the person has several charges of resisting arrest in the past, they are likely to have a higher penalty. Similarly, if the person was being highly uncooperative and obnoxious, there may be a higher sentence.

For example, Dan is arrested on suspicion of a DUI. When he is stopped and questioned he tells the officer he will not take any sobriety test, he refuses to provide information regarding his auto insurance and driver's license and he won't get into the police car to be taken into the station. This obstructs justice and officer's may charge him with a resisting arrest. In comparison, David is stopped on suspicion of a DUI. He continues to drive and doesn't stop. When he is stopped he kicks the officer and tries to run away from the scene. David is more likely to receive jail time as well as possible assault charges. Additionally, he will be paying a higher fine than Dan.

When a person has been arrested and charged with more than one crime, often a Los Angeles Criminal Defense lawyer can help dismiss additional charges, or in the very least, reduce the combined sentence. By providing the courtroom with positive information regarding the person being tried, the attorney presents the person in a more positive light, and as more than a case number.

If you have been charged with several crimes, it is in your best interest to consult a criminal defense specialist. They can discuss with you the different options you have and the possible defenses that will give you the best possible argument.