Los Angeles Criminal Lawyers Blog

When a person is arrested for a Drug charge in Southern California they could possibly face a conviction and jail time. Any drug charge on a person's record could cause future issues with job and school applications. It is in the person's best interest to do all that they can and utilize all available defenses to assure that the charge is reduced or dismissed.

Many of our clients are not guilty of the crime they are being charged with, and it is simply a matter of being in the wrong place at the wrong time. Many of our clients inform us that the drugs that are found in their possession are not theirs, but a friend's or an acquaintance.

For example, lets' say that Dan and Frank go to the beach and Frank drives. Unbeknownst to Frank, Dan has brought marijuana in a bag and put it in Frank's glove compartment. After the beach, Dan forgets to take his marijuana with him and leaves it in the car. A couple days later Frank gets pulled over for a routine traffic violation and when he reaches for his insurance, the bag of marijuana falls out and officers arrest him for possession of a controlled substance.

How does Frank prove that the marijuana is not his, and it was a friend's? This is a difficult defense to argue, because it is difficult to present evidence that will make your argument strong. Frank must prove to prosecutor's that he did not know the marijuana was in his car, and he must show that it wasn't his.

In certain situations, a witness may be able to testify that will make the defense stronger. It may be that Dan is willing to testify that the marijuana was his and that Frank did not know that it was in the car. However, that would require that Dan be charged, and depending on how good of friends Dan and Frank are, it may not be an option.
In other situations there may be a third party that would be willing to testify. In the previous example, lets say that Tom was in the backseat. Tom had just met Frank and was a friend of Dan's and saw Dan put the marijuana in the glove compartment. If Tom were to testify in Court that he saw Dan bring the marijuana into the car and put it in the glove compartment, and that Dan was known to smoke it might strengthen Frank's defense .

The nature of the relationship the witness has with the person being charged will play a strong role. If the witness and the charged person are good friends, it may cast doubt on the credibility of the testimony and Prosecution will argue that it is weak evidence since it may be biased. In the hypothetical situation of Tom, the testimony may be somewhat stronger because Tom is testifying against his friend, on behalf of a person he does not know too well. A knowledgeable San Diego Drug Possession Lawyer will play up this aspect and present evidence that wills strongly support their defense.

Many of our clients ask how a charge is determined by the district or city attorney. When will the charge be a Possession of a controlled substance for sale, and when will it be a Possession of a controlled substance. The difference is significant, as it can determine which potential consequences a person may face, and whether or not they face a possibility of jail time.

The determination is made by taking a look at the circumstances and the specific facts of the case. The officers who arrest and charge the person will make a determination and prepare the citation accordingly. It will then be sent to the Court so that the prosecutor can make a determination of whether the charge rises to the level of a Possession for sale, which is a lot more serious than a simple possession.

For example, let's say that a person has been stopped by officers while he is driving his care for a routine traffic stop. Officers then smell marijuana when the driver opens his window, this gives officers probable cause to search the vehicle. When searching the vehicle, they find a small bag of marijuana between the two driver's seats, and neither driver has a medical marijuana prescription for its possession.

In the previous scenario, there is no evidence that the marijuana is for sale. There is a small amount, the driver's seem to have used it themselves, and it is the only drug and amount of marijuana found in the vehicle. The officers will likely only charge the driver and possibly his passenger with a Possession of a controlled substance. There is also an additional charge under the California Vehicle Code for possession of a controlled substance in a vehicle, which could also be a possible violation. Furthermore, both people charged may have the possible defense of a medical marijuana prescription, if it can be proven that they had a legal reason to be in possession of marijuana.

Let's consider a twist on the facts of the hypothetical. Let's say the driver is stopped by officers and officers search the car. They find about 10 identical bags of marijuana that all weight the same. They also find a bundle of cash and a small scale that can be used to weight different substances. In this situation, the potential consequences may be a lot more serious. The facts point to a strong argument that the drugs in possession are for sale. The charge will be under Possession for Sale, instead of a simple Possession. In this case, the driver and possibly the passenger will have a harder time providing a defense even if they are legally allowed to be in possession of marijuana due to a medical marijuana prescription.

An experienced Los Angeles Drug Offenses Lawyer has dealt with thousands of cases similar to the one outlined above. In situations where it is a simple Possession charge, a strong defense can be prepared that will ensure the best possible changes of having the charge dismissed or reduced. In the more serious situation where the charge is a possession for sale, the argument and evidence gathered must be a lot stronger and will take some time to prepare before the case can be successfully dismissed or reduced.

The area of theft is a large and varied area of law. Many different acts constitute theft, and will be grounds for a person to be charged. Since the range of possible violations is extensive, so are the available defenses. If a person has been charged with theft in Southern California, they should consult an experienced Los Angeles theft lawyer to learn about the different defenses available to them.

One of the most common defenses is the defense of specific intent. For a person to be convicted of theft, the government must prove beyond a reasonable doubt that the person had the specific intent to deprive a person of their property. If a person borrowed something and all evidence indicates that it was to be returned, then there is a strong argument that there was no intent.

The specific intent defense is a defense that can be used for almost every form of theft. The only type of theft that it may not provide a full defense for is Grand Theft Auto. Intent is still required for a person to be convicted of auto theft, but most states also have joyriding laws. Joyriding laws prevent a person from borrowing a car for any reason without consent of the owner. So if the defense is properly argued, the person may not be convicted of auto theft, but there is a chance they will be charged with a violation of joyriding laws.

Although the specific intent defense is applicable to most all theft offenses, there are some additional defenses for certain types of theft cases.

In cases of false pretenses, there is a required element that the misrepresentations made by a person must result in a transfer of ownership. If there is no transfer of ownership, you cannot be charged with theft under false pretenses. For example, a friend tells a couple that he has a car that needs to be sold. He tells the couple that the car is in excellent condition, only a few years old and has many more years in her. The couple agrees, trusting that he is a friend, and agree to buy the car. However, before the title of the car is transferred to the couple's name, the couple learns that the car isn't what is represented and decline. The friend cannot be charged with False Pretenses because ownership of the car was never transferred. Although there may be other violations the friend may be charged with, it will not be under false pretenses.

There are an extensive amount of available theft defenses. If a person has been charged with theft, it is important to consult an experienced Los Angeles Theft specialist so that they can fight hard on your behalf to have the charged reduced or dismissed. A theft charge on your criminal record could have significant consequences on future job and educational goals.

There is an extensive portion of the California Penal Code dedicated to theft offenses. There are many different types of theft cases, and leaves room for many different charges under the code. One of the elements required for a person to be convicted of a theft charge is that there must be specific intent. Specific intent means that the person charged with San Diego theft, must have the intent to deprive a person of their property permanently. If this intent is not there, then the person may have a strong defense to the theft violation.

For example, Dan is studying at the library. He notices that someone's laptop is unattended and sitting on a desk. He picks up the laptop, puts it in his bag and walks away. Later at home, he deletes the files and programs on the laptop and puts on his own. He puts in his own passwords and information. In this situation, the evidence indicates that Dan had every intent to take the laptop and not return it. By deleting all the programs and installing his own, there is strong support that Dan would not be returning the laptop to the owner. If Dan used the specific intent defense in court, it would likely be denied.

In comparison, David is studying at the library. He notices that someone has left their laptop unattended on the desk. David is doing some work and needs to look up something for him to be able to continue with his studying. He walks over to the laptop and looks up something using the internet browser. He does not move the laptop and after looking up what he wants, he leaves the laptop as it was and closes what he was looking at only. Additionally, he leaves a note on the desk telling the owner that he used the laptop just to look up something briefly and apologizes for the inconvenience and thanks them for allowing him to use their laptop.

In the second scenario, there is no proof that David intended to deprive the owner of the laptop. In fact, there is strong evidence to the contrary. The fact that the laptop was never moved, the note that was left acknowledging the proper owner and thanking them for the use and possibly testimony from the owner themselves that it did not seem like David had any intention of stealing the laptop.

The major problem with the Specific Intent Defense is that it may be difficult to prove. In the above hypothetical scenarios, there is an exaggeration of facts which make proving the defense easier. However, in many cases the line is not so clear. Testimony may be biased and lack credibility, and often circumstantial evidence is available.

An experienced San Diego Theft Lawyer has handled thousands of theft cases and knows which evidence to present and how so that the defense is powerful. The attorney can assess the facts of your case and determine what the best option will be, keeping in mind the most important goal of having the theft case reduced or dismissed.

When a person has been charged with a criminal violation, the Prosecutor must demonstrate that the person is guilty beyond a reasonable doubt, before they can be convicted. In a criminal case, each person has the right to a jury trial. The Jurors must then determine whether the Prosecutor has presented a case that allows them to believe that the defendant is guilty beyond a reasonable doubt.

The legal definition of the standard of Beyond a Reasonable is met when no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

Anyone who is brought before the Criminal Justice System is presumed to be innocent and must be proven guilty. If it cannot be proven that they are guilty, they will be innocent and cannot be convicted of a crime. Guilt must be proven through the facts and evidence. The facts and evidence should be strong and in favor of the crime having been committed by the defendant with no other plausible explanation.

For example, let's say Dan is charged with possession of a controlled substance. He was arrested at his home, where he lives alone with a search warrant. There were drugs in his bedroom drawer and in his kitchen. Dan is the only one who has the keys to his home. In this situation, the evidence introduced will be the actual drugs found, testimony as to where the drugs were found, and possibly evidence that Dan is the only who lives there and the only one with a key. All evidence points to the fact that the drugs must be Dan's and were in his possession, as they were in an area controlled solely by Dan. In this situation, Dan may be found guilty beyond a reasonable doubt, since there seems to be no logical explanation other than the drugs being in Dan's exclusive possession.

In comparison, let's say that Dan goes to his Frank's home to help paint the bedroom. While Dan is in the bedroom, officers come in with a warrant and find amounts of controlled substances in the living room, kitchen and bedroom. Frank is the one that lives at the home, Frank has a criminal record involving drug sales and use and is the only one who has a key to the home. The evidence does not point to Dan being in possession of the drugs. Arguments can be made that Dan knew nothing about the drugs and was merely on the premises to help Frank paint his house. In this situation, it is more difficult to prove Dan's guilty beyond a reasonable doubt.

The criminal standard is a tough one to prove. It is high and serves to protect an individual's rights so that innocent people are not convicted of crimes. It is a lot higher than the civil standard. An experienced Southern California Criminal Defense Lawyer can prepare a powerful defense argument so that the evidence is doubted and doesn't reach the level of the high standard.

Under California Penal Code § 240 it is illegal to make an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault, unlike battery, does not have to actually result in injury. It merely has to be an ATTEMPT to harm another.

For example, Dan is at a bar. He has one too many drinks and finds himself in a heated argument with Victor. He goes to punch Victor in the face, but Victor ducks and Dan ends up hitting the wall. Dan can be charged with assault, because his intention was to punch Victor, he attempted to do it, and if Victor hadn't ducked, he would have successfully injured him.

There are available defenses for a person who has been charged with assault. One of the most popular is self defense. An experienced Los Angeles Criminal Defense attorney can assess which defense would be strongest for your case. It is necessary to be sure the defense is applicable before a powerful argument is prepared.

Self defense can only be a valid defense when the person claiming the defense was using their actions to protect themselves. Additionally, the amount of force used to protect their own safety, must be equivalent to that of the force used against them.

Lets say for example, Dan is at a bar. Him and Victor get into a heated argument and Victor attempts to hit Dan, and Dan swings back at Victor. Dan is then charged with assault. In this situation, Dan has a self defense. He was being attacked so his swinging at his friend was to protect himself. He used the same amount of force that was used against him.

In comparison, lets assume the same facts as the last situation, except this time instead of swinging at Victor, Dan takes out his handgun and shoots at him. Dan will not be able to assert self defense in this case. Although he was acting to protect himself, he did not use a reasonable amount of force to do so. Victor did not use a weapon of any sort, nor was there a threat of him using a gun. Dan's actions to protect himself using a gun were unreasonable in consideration of the fact that Victor merely went to punch him. Dan will likely be charged with more than an assault.

The self defense is a difficult defense to assert, but when done successfully could result in a complete dismissal of the case. An experienced and knowledgeable Los Angeles criminal defense lawyer can prepare a powerful argument on your behalf that presents evidence that can help weak the prosecutor's case. An assault conviction can prevent a person from achieving their education and career goals. If the assault was a result of self defense be sure that the Judge if fully aware of the situation and recognizes a strong defense in your favor.

If you have been injured by someone you are close to and have a trusting relationship with, you may need to file a Domestic Violence Restraining Order. A Domestic Violence Restraining Order (DVRO) will protect you from a person who is abusing or harassing you, and if they violate the order, they could face legal consequences.

To get a DVRO, you must go to the right courthouse and file the right paperwork with the clerk. A Temporary Restraining Order will be issued. This TRO will only be good for 2 weeks, at which point a hearing will be set. Before the Judge makes a ruling, and issues a Permanent Restraining Order, the Judge must hear arguments from both sides. Issuing a DVRO against someone has serious consequences, and it is a decision the Judge must make very carefully.

When a person has a DVRO issues against them, they will be entered into a database which informs government agencies and others of the order. It remains on a person's record, and therefore, it is not something that can be issued lightly.

The DVRO also asks the court to make a decision on domestic violence taken between two people who share a close bond of trust. The court is getting involved on private matters and must tread carefully.

At the hearing, the Judge will ask that you present the facts that warrant a DVRO be issued. The evidence presented will include testimony, pictures, documents and other items that would support your argument.

For example, lets say that Harry and Wendy are a married couple. One night, Harry comes home and is mad at Wendy and he hits her, and breaks the television and her laptop. Wendy immediately leaves the house, calls the police and files for a DVRO. The evidence that could be presented to help her case would include the police report officers may have written, pictures taken by either Wendy or the officers, testimony taken from the officers, or Wendy herself. If there were any witnesses, a neighbor who heard screaming or noise would also be able to testify. All evidence must be collected, witness's properly subpoenaed and a powerful argument prepared. If all supporting facts and presented properly, Wendy would have a strong case.

Gathering the facts, speaking to officers and preparing an argument that presents why the law should favor a DVRO is something an experienced Los Angeles Lawyer has handled on thousands of occasions. Someone who is not properly versed in the law may not prepare a compelling argument or properly present evidence. They may not even think of certain pieces of evidence that would strongly support their case. If a DVRO is denied because the argument was not properly presented, and cause exists, you may not be properly protected from harm.

When dealing with someone like your safety, and seeking protection, it is best to have an experienced expert help you so that you can ensure your case is presented to the Judge based on the facts and your life is kept safe.

California Penal Code §12025 makes it unlawful for any person to do any of the following:
1. Conceal a weapon in a motor vehicle that is in their control
2. Cause a weapon to be concealed in a motor vehicle when they are an occupant
3. Conceal a weapon on their person

Concealed means when a firearm is hidden. If the firearm is in plain sight, then the firearm is not concealed, and the person may not be charged under this section. That, however, does not mean that they will not be charged under another section.
The Prosecutor must prove that a person that was charged is guilty beyond a reasonable doubt of each element of the charge. They must show that the weapon was concealed, and that it was in the vehicle under their control, that they caused the weapon to be concealed in a motor vehicle, or that it was on their person, depending on the subsection of the Code.

If a person is charged, and convicted the potential consequences will fall within a range established by legislation. The sentence varies based on the specific facts of the case and the criminal background of the person. A person who has an extensive background and a criminal history will likely serve a harsher punishment than a person who has committed their first offense. Similarly, a person who actively went above and beyond to conceal a weapon versus a person who inadvertently concealed a weapon will serve the higher penalty.

If a person is convicted of a Concealing a Firearm charge, they will be facing anywhere between three to six months in county jail. Probation is also available, and if the person is granted probation, they can serve up to three months in county jail.

Serving a jail sentence is a significant penalty, and many clients hope to avoid the penalty as much as possible. A powerful defense prepared by a Southern California Criminal defense attorney can help convince the Prosecutor to offer penalties other than jail time. There are many available options outside of jail time, but need to be properly presented to the Judge. Alternatives to jail time include house arrest, formal probation, private jails, work release programs and many other options.

If your case warrants jail time, be sure to consult with a professional. Having an attorney represent you in Court could be the difference between jail time and simple probation

A Domestic Violence restraining order is a Civil Protection Order that grants protections to both males and females from abuse. It is an order granted by the civil Judge, so that if the abuser violates it's terms, they could face serious legal consequences.

A domestic violence restraining order is broad, but for it to be a domestic violence restraining order, there must be a relationship between the person filing for protection and the alleged abuser. The relationship can be between a current or former spouse, boyfriend or girlfriend, the mother of father of your child, someone you live with, or someone you are related to through blood or marriage.

If the relationship shared between the person asking for protection and the person being served with the restraining order falls into one of the above mentioned categories, the restraining order will be of domestic violence. The court takes very seriously any allegations involving abuse within a home, between two people that share a close relationship that involves a blood or intimate relations. The reason is because that person is a person with whom you have indefinite trust, and whom you should feel safe and secure with. Therefore, when there is abuse in a trusting relationship, it is taken very seriously by the Courts.

The actions that give rise to a restraining order are also extensive. There are certain situations that qualify for a Los Angeles domestic violence restraining order. If the person causes or attempts to cause a person injury, sexually assaults the other, causes you to fear that you will suffer immediate harm or irreparable injury, attacks or stalks another, threatens, or harasses another or destroys their personal property or even causes any other injury, they may be given a Restraining order.

The Judge will issue a Temporary Restraining Order that will protect you for 2 weeks, at which point a hearing will be set. The purpose of the hearing is to present both sides of the argument and for the Judge to either order a permanent restraining order or dismiss the case.

The argument presented must demonstrate that there is an immediate and actual harm. It is important that the person testifies is honest. If a restraining order is entered against you, it will go into a database known as CLETS. This is not the ideal situation, because it is accessible by all government agencies and other institutions that may want to see. It could potentially cause harm to your reputation or credibility when applying for a job, school or other things.

An experienced Los Angeles Criminal Defense Lawyer has dealt with many domestic violence cases, and is all too familiar with restraining orders. The final order is based on persuasive argument and presented evidence. It is important that you have a knowledgeable expert presenting your argument to assure no restraining order is entered against you.

California Penal Code §12025 makes it unlawful for any person to conceal a firearm in a certain situations. One of the biggest and most common circumstances is when a person has concealed a firearm in a vehicle that is within his or her control. The firearm can also be a pistol or revolver along with other firearms.

The vehicle must be in the control of the person. For example, David has rented a car and concealed a weapon in the trunk. David may still be charged under this code section despite the car being a rental. The car is still under his control and therefore, qualifies as a vehicle under the code section.

Under the same code section, anyone who causes a firearm to be concealed in a vehicle and is an occupant will also be charged. For example, if Dan is getting a ride from his friend Frank, and Dan asks Frank to hide his gun in the backseat of Frank's car, Dan and Frank will both be charged.

A person will be charged under the same section if they have concealed a weapon on their person.

A concealed weapon is a serious charge. It can lead to significant consequences which can later affect your job prospects and applications to college and grad school. Concealment is proven by prosecution through the use of the facts of the case and the observations of the arresting officer. A concealed firearm is a firearm that is hidden, therefore the facts can be presented in many different ways.

An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument that will present the facts in a way to create doubt in the facts. The government must prove to the Court that the person being charged is guilty beyond a reasonable doubt. This means, that they must also prove that the weapon was concealed beyond a reasonable doubt, and that it was on the person or within a vehicle under their control beyond a reasonable doubt.

There is a lot of room for interpretation and if you have a strong case, it is worth fighting for. A firearm related offense on your record could result in jail time, extended probation, sometimes formal and a significant amount in fines. A Criminal Defense attorney will gather facts and evidence and present the person being charged in a positive light to the Judge. They will assure you are more than a case number, and that the facts of the case as well as your background need to be extensively considered. This will prepare a good background for the defense the attorney will prepare that will help give you the best fighting chance of having your case dismissed or reduced.