Los Angeles Criminal Lawyers Blog

California Vehicle Code §4461(a) makes it unlawful to use a handicapped placard fraudulently. There are generally several different acts that would be punishable under this code section.

The first is if a person who has been authorized to use a handicapped placard lends it to another who is not authorized for its use. Additionally, a handicapped person shall not knowingly allow the use of the handicapped placard by another that is not authorized for its use.

The relevant code section has outlined the potential range of consequences if a person is convicted for allowing the use of an unauthorized handicapped placard. They could be penalized under a civil penalty of anywhere between $250 to $1000 and may also be charged as a misdemeanor with a fine between $250 and $1000 and/or imprisonment in County Jail anywhere up to six months.

Furthermore, it is also unlawful and punishable under this code section to display a handicapped placard that has not been issued to the person using or, or if it has already been cancelled or revoked. If a person is found guilty of this subdivision, they will face a potential range of consequences under §4461(b). They may be sentenced to a civil penalty of a fine between $250 and $1000 or penalized as a misdemeanor with a fine of $250 to $1,000 and up to six months in County jail, or both.

Under the same section it is unlawful for a person to park in a specially designated handicapped space using a placard that they are not authorized to use. Someone who is found guilty and consequently convicted will face a civil penalty of a fine between $250 to $1,000 or be criminally sentenced as a misdemeanor with a fine of $250 to $1,000 or up to six months of county jail, or both.

Although it does not seem like a serious charge, the Courts take it seriously. It could potentially result in jail time if the person is not defended properly. When people have prior criminal histories, or have been found guilty and convicted of previous crimes under the same statute, the Judge will not be considerate when imposing a sentence.

Additionally, the charge itself is a misdemeanor. It will remain on your criminal record until proper steps can be taken to have it expunged. This means that whenever you are asked by an employer, college, or other institution if you have ever been convicted of a misdemeanor, you have to list it along with an explanation.

When you are faced with a misdemeanor charge, it is best to provide a powerful defense to weaken the Prosecutor's case. An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument on your behalf to ensure that your cases is reduced to an infraction so that nothing goes on your criminal record, or gets your case dismissed altogether.

When a person has been arrested for a violation of the California Penal or Vehicle Code, they will be asked to appear before the Judge on set date. That date is the date of their arraignment. The arraignment is when a person enters a plea with the Judge. They may plea guilty, not guilty, or no contest.

At the arraignment the Prosecutor will also give you an offer. The offer is a plea bargain that will give you the potential sentence they can offer you, if you agree to plead guilty and not try the case. It is important to note that it is your constitutional right to have a trial, where the evidence may be presented and the ultimate verdict determined by a jury of your peers.

If you choose to take the offer given by the Prosecutor and plead guilty, you are waiving your right to a trial and to be heard. This is a very important decision and must be understood completely before any kind of offer is accepted.

There are many things to consider; what are the chances of winning at trial? Is it in my best interest to enter a plea? Will I get a better offer if I set it for Trial? Will I get jail time if I don't plead guilty? What is a good offer?

Many people feel overwhelmed by all the things to consider, and coupled with the stress of appearing before the Judge and asked to make a decision, they feel extremely confused. Fortunately, you can have an experienced Criminal Defense lawyer appear on your behalf at your arraignment so that you do not have to take the day off work, and appear in Court.

Having an attorney appear on your behalf causes some people anxiety as well. They are worried about what will happen in Court and what plea the attorney will take on their behalf. It is important to note that a criminal defense attorney is experienced and handles cases like yours every day. The Judge will know the attorney and the attorney will be very familiar with courtroom procedure. Additionally, the attorney will never accept a plea on your behalf without having discussed it with you first.

In most cases the attorney will make an appearance on your behalf and ask the Prosecutor what the offer is on the table. They will then ask the Judge for a 30 day continuance so that they can discuss in depth with you your options and whether the offer itself is a good one to accept. You will get 30 days to think about the offer, and weigh out the different options you have discussed with your Criminal Defense attorney and inform him or her of your final decision. After having confirmed that you would like to accept the plea, or set the case for trial, the attorney will appear on your behalf a second time and enter a plea.

It is overwhelming to appear in the Court the first time and even more stressful to quickly consider all options given to you and make a decision. Consult an expert in the field and give yourself time to think about the options. Once you enter a plea, you are waiving several constitutional rights, so make sure your decision is the right one.

California Vehicle Code § 20001 makes it unlawful for any driver that is involved in an accident, resulting in injury to another person, other than him or herself, or in the death of the person must immediately stop the vehicle at the scene of the accident. The driver causing injury must also provide the following:

• His or her name
• Current residence address
• The names and current residence addresses of any occupant of the driver's vehicle injured in the accident
• The registration number of the vehicle he or she is driving, and
• The name and current residence address of the owner

This information must be provided to the person who was injured as well as the driver and occupants of another vehicle if it was a collision as well as provide the necessary information to any traffic or police officers present at the scene of the accident. If there are no officers present at the time, the driver must report it at the nearest police station.
The driver is also required to provide reasonable assistance to the person injured. This includes making arrangements for transportation to the hospital, providing transportation, and/or getting the assistance of a physical or surgeon if it seems necessary, or if requested by the injured person.

If the driver who has injured another person, either by hitting them directly or their vehicle, they must follow the requirements outlined by the California Vehicle Code §§§20001, 20003 and 20004. Failure to do so will lead to an arrest for a felony hit and run.

For example, David is driving home and leans over to get something from his backseat. While doing so, he manages to strike Victoria who is out in front of her house raking the lawn. Victoria is struck in her legs and falls down unconscious. David, scared that he will get into trouble and go to jail, immediately drives away and leaves Victoria fallen on her lawn. David will likely be charged with felony hit and run.

In comparison, let's consider a different version of the facts. David is driving home and leans over to get something from his backseat. In so doing, he loses focus on the road and strikes Victoria who is raking leaves in her front lawn. In this scenario, David stops the car, gets out and checks to see if Victoria is ok. She seems to be bleeding from her head and has slipped into unconsciousness. Worried that David will get in trouble, he leaves a note for Victoria that gives her his full name. He also leaves a note on her front door that asks for someone to take Victoria to the hospital right away, rings the door bell and drives off.

In the second situation, David will likely be charged with a felony hit and run as well, even though he left a note with his name and a note asking for help. David did not leave his name and contact information, and he left a note on a woman who was unconscious. It is unclear whether she would receive the note at all. Furthermore, he did not reasonably try to get Victoria help. He left a note and drove off. He did not know if anyone was home, if she lived alone, and if and when someone would be able to provide her help. He should have immediately taken her to the hospital and had her seen by a doctor.

An experienced Los Angeles Hit and Run lawyer has handled many cases that are similar to yours. A felony hit and run is a very serious offense and carries with it jail time. Consult with an expert so that they can prepare a powerful argument on your behalf to ensure you see the best possible outcome of your case.

California Vehicle Code §§ 20001 and 20002 define the elements of a California Hit and Run. Both require different elements, and invoke a range of different penalties for those that are convicted under either statute.

California Vehicle Code §20001 outlines Felony hit and run, and California Vehicle Code §20002 outlines misdemeanor hit and run. The major different between the two is who or what the damage was done to.

A hit and run is generally defined as when a driver causes damage to someone's vehicle, property or person and abandons the scene without providing adequate contact information. When the damage is to another's vehicle or property, such as a fence or a house, then it will be charged as a misdemeanor.

For example, Danny is driving home and loses focus on the road for a second and crashes into the fence in a person's front yard. No one appears to be home and no one has seen Danny drive into the fence. He then drives away without leaving a note or informing the property owners of his contact information in order to make amends and pay for damages.

In this situation, Danny will be charged with a Hit and Run, and likely charged unless he can demonstrate he made a good faith ability to leave his information. If convicted, Danny could face up to six months in county jail, and up to $1,000.00 in fines, or both. Additionally, Danny will be put on probation for up to three years.

In comparison, a hit and run will be charged as a felony if the damage is injury to a person, without stopping to help the injured person receive immediate medical attention and providing the person with all necessary contact information.

Let's consider the previous example. Danny is driving home and loses focus on the road for just a minute. At the same time Vicki is out taking a jog. Danny looks away and runs right into Vicki causing her to break her legs. Afraid that he will get charged with assault, and afraid he will have to pay restitution he cannot afford, Danny drives off and leaves Vicki in the middle of the street.

Danny will be charged with felony hit and run, unless he can demonstrate that he stopped and helped Vicki as well as provided her with his contact information. If convicted, Danny could face up to one year in county jail, sixteen months to 3 years in State prison, and/or a fine between $1,000.00 to $10,000.00. Danny will also be put on supervised probation.

The difference between a felony and misdemeanor hit and run is a big one. It can make the difference between jail time and an immense amount in fines. An experienced San Diego hit and run lawyer has handled thousands of similar cases and will fight hard for your case to be reduced as low as possible.

When a person has been charged with a criminal offense, their criminal background will play a big role in the overall outcome of the case.

If the person does have a criminal record, the Court will look to see if the person was on probation at the time the current crime was committed. If the person was on probation, then there will be an additional charge for a probation violation. The Court takes probation violations very seriously and it could add a significantly harsher penalty to the final sentence if the person is found guilty and is convicted of the most recent crime.

If the person is not on probation, but has a prior criminal history, it could still lead the Court to impose a harsher sentence. The potential sentence for each criminal offense is outlined as a range in the statute. Each statute will establish a minimum fine and a maximum fine along with a minimum and maximum jail sentence. Where the final sentence will fall depends on the person's past criminal history and the facts of the case.

For example, let's say that Dan is being charged with California Assault and has been arrested for assault in the past and convicted. The potential range for assault is fines up to a $1,000 in fines and zero to six months in county jail. The Court will consider Dan's prior conviction of assault and will impose a fine closer to $1,000 and possibly a jail sentence because the impression will be that Dan has not learned his lesson.

In contrast, if Dan did not have a prior criminal record, the Court would generally be a little more relaxed in imposing a fine and a jail sentence, since it is a first time offense.
When a person does not have a prior criminal record, it is beneficial for the Los Angeles Criminal Lawyer to help prepare a powerful argument in having the case reduced or dismissed. By demonstrating to the Prosecutor and the Judge that the offense was out of character and that the person being charged is generally a very positive member of society, it helps negotiations for a reduced charge.

For example, Dan is being charged with assault, but has no prior criminal record, not even a traffic ticket. He volunteers, is enrolled in college and is working part time to pay bills. An experienced Criminal Defense attorney will use positive examples from Dan's life to present him to the court as more than a case number, but as a person who is an asset to the community and who made a mistake. If the defense attorney can prepare a strong portrayal of Dan's positive characteristics, the government will be more likely to reduce the charges against Dan to possibly even an infraction or dismiss the case altogether. If the attorney is unable to reduce or dismiss the case, it is likely that the Judge will impose a lesser penalty due to the lack of prior offenses on Dan's record.

When you have been arrested for a criminal charge, your case will go through several stages. First is when you get arrested. At that point, you have not been found guilty of a crime. At that point you have only allegedly committed a crime, and a court of law must find you guilty beyond a reasonable doubt.

The first Court appearance you make is called the arraignment. At the arraignment, you will be asked to enter a plea and will be presented with a plea bargain by the Prosecutor. You can accept the plea and plead guilty right away, or you can choose to decline the plea and plead not guilty or no contest.

If you plead not guilty, you will be given a date for Pre-Trial. At the Pre-Trial hearing you still have the opportunity to accept a settlement offer from the Prosecutor. However, you must be able to determine whether an offer is a good one, or whether you should continue on to trial. If you do not have any legal experience or have not dealt with criminal cases before, it is difficult to determine.

This is why people will often accept the first offer at Arraignment and will not consult with an experienced San Diego Criminal Defense Lawyer. However, if they plead not guilty and continue onto trial, they may still consult an attorney. It is best, in any case, to speak to an attorney before entering a plea or appearing on your own.

If you hire an attorney right after you get arrested, you do not have to deal with the hassle of taking off work and appearing in Court. Furthermore, it is a stressful time to deal with your options when you have not dealt with it before. An attorney takes care of everything for you, so you can focus on other things in your life.

When you have an attorney representing you, at any stage of the case, you get the benefit of a knowledgeable specialist that is helping set up and negotiate a good offer to help settle your case. Attorneys will gather the right evidence, study surveillance tapes and speak to available witnesses. They will prepare the strengths of your case and continue to negotiate with Prosecutors so that they have already set the stage for a good offer the very first time they appear in Court.

A Criminal Defense lawyer is available to help you at any stage of criminal proceedings. However, it is advisable to seek help prior to appearing in Court for your arraignment. It not only helps the attorney have an adequate amount of time to prepare for a good offer, it also gives you the peace of mind you need. In the very least, it is a good idea to speak to an attorney after your arrest. Consultations are free and within a few minutes you will feel confident in your decision to hire an expert.

On Tuesday, February 7, 2012, the San Diego City Attorney's office declared that Los Angeles Laker player Kobe Bryant would not be charged with assault arising from an incident that occurred last August.

Alleged victim, Thomas Hagos, 20, asserted that Bryant assaulted him while both were attending church in the upscale neighborhood of Carmel Valley. California Penal Code §240 makes it unlawful for any person to make an unlawful attempt, couple with present ability, to commit violent injury to another.

Hagos claimed that Bryant had aggressively grabbed his arm accusing the 20 year old of having tried to take his picture. Hagos was taken to the hospital with a minor wrist sprain.

It is important to remember that with an assault charge, no actual harm or injury needs to occur for a person to be found guilty. However, in order for a person to be convicted, the government must prove that there is evidence that proves he is guilty beyond a reasonable doubt. This means that the prosecutor must demonstrate that the evidence presented in court leads the jury to believe that there is no other explanation, but that the defendant committed assault.

In many situations, there is not enough evidence for a conviction. It is difficult to prove an assault case, because it is hard to determine the person's intent to harm, especially when it results in no injury. In an assault case, the prosecution will interview witnesses, medical reports, and other evidence that may exist at the scene. In the case against the basketball star, the strongest evidence would be that of witnesses who saw the altercation take place.

Due to the fact that no injury is required, there is a lot of room for false allegations in a San Diego Assault case. In situations with celebrities, the government has to be very careful in what charges they bring. They must make sure that there are actual facts and evidence to support the charge, and not just an overzealous fan who wants their moment in the limelight.

In the assault case that was dismissed today, the prosecutor, Jan Goldsmith, did her job diligently. Stating that "as prosecutors we cannot ethically file a criminal case when we lack sufficient evidence to prove the case beyond a reasonable doubt".

When it seems that there is sufficient evidence to bring charges forward, it is the job of the San Diego Criminal Defense attorney to cast doubt on the evidence presented. They must weaken the supporting evidence so that the jury cannot reach the conclusion that the evidence proves the case beyond a reasonable doubt.

The argument presented can make or break the case. That is why it is important to consult with a knowledgeable professional so discuss the strength of the evidence and possible defenses. The most favorable outcome is what your attorney will fight for so that you can get your case dismissed like Kobe Bryant's.