Los Angeles Criminal Lawyers Blog

California Penal Code §415 describes certain behaviors that will be considered unlawful and if proven beyond a reasonable doubt will be filed as a misdemeanor or an infraction. The following behaviors will be unlawful under the relevant penal code section:

1. Any person who unlawfully fights in a public place or challenges another person to a fight in a public place.
2. Any person who maliciously and willfully disturbs another person by loud or unreasonable noise
3. Any person who uses offensive words in a public place that are likely to invoke violent behavior.

A disturbing the peace charge is referred to as a "wobbler". A wobbler is a charge that can either be filed as more than a misdemeanor, felony or an infraction. A disturbing the peace charge can be filed as either a misdemeanor or an infraction. However, it cannot be charged as a felony. A code section is still referred to as a wobbler if it can be filed as two different levels, doesn't have to be all three.

Whether a person being charged with disturbing the peace will be facing misdemeanor or infraction charges will determine on the circumstances of each specific case. The disturbing the peace charge is commonly used in plea bargaining. Oftentimes other criminal charges are reduced to a disturbing the peace charge.

For example, a person is charged with drunk and disorderly conduct. However, the case is a weak case and the person's Los Angeles criminal defense lawyer negotiates with Prosecutors and reduced the charge from a drinking in public to disturbing the peace. The reduction can remain a misdemeanor, or it will be reduced to an infraction.
If the person has no priors and the case is really a weak case , the government will know that and will not want to try it before a Judge. In those situations, the charge will be reduced to a disturbing the peace, and likely an infraction.

In contrast, lets take the example of an assault case. A person has been charged with assault upon her husband. The case gives rise to a domestic violence claim which can have serious consequences in addition to those of a general assault. However, an experienced criminal defense lawyer can negotiated with Prosecutors to have the charge drop any domestic violence associations and be charged as a disturbing the peace. However, in that situation, it is not likely that it would be filed as an infraction.

To determine whether your case has the possibility of being reduced to a disturbing the peace charge, consult with an expert right away. Knowing your rights and the strength of your case will help make a decision on how to proceed, whether it is best to negotiate with Prosecutors or to accept a plea bargain during your arraignment.

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.

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.

When you are arrested you will be given a piece of paper that will indicate the charge you are being brought under and the date and time you should appear in Court.
When you appear in Court on that date, it is called the Arraignment. This first court appearance is when the Judge explains your rights and asks you to enter a plea. If you would like a continuance to hire an attorney, you will be able to ask the Judge and they will grant you an extension so that you can hire a San Diego Criminal Defense attorney.

At the arraignment, you will also have the chance to speak to a Prosecutor. The Prosecutor will give you an offer, known as the plea bargain. Because Courts are backed up, the goal of the criminal courtroom is to have cases quickly closed. They want people to plead quickly so that they can be sentenced and the case is taken off calendar. Accordingly, the plea bargain is an offer that will ask you to plead to a lesser charge or reduced sentence in exchange that you plead guilty and not contest the charge.

Everyone is given an offer, but not everyone knows whether they should accept the offer and plead guilty, whether they should plead not guilty and ask for trial, or just continue the case.

Since the prosecutor's goal is to get the case closed and off the Court calendar as soon as possible, they do not necessarily have your best interests in mind. They will give you the offer and explain to you that it is best if you take it, but that is not always the case. Determining whether an offer is a good one, takes expertise and knowledge. Many Criminal attorneys who have been practicing for over 30 years can tell you right away if the plea bargain being offered is a good one or whether it is worth pleading not guilty.

Accepting a plea bargain is a big deal. You are giving up your rights to contest the charge and are accepting a misdemeanor or felony to be on your record. Oftentimes people plead guilty to get the issue over with, but the criminal record will remain and continue to be problematic when it comes to applying for jobs and graduate schools. Therefore, pleading guilty is not always the best option ,especially when not accepting the plea bargain can often lead to a dismissal.

Before you give up your rights to a trial and accept a plea bargain, it is best to consult an experienced Southern California criminal defense lawyer. They will be able to discuss your case with you, assess the facts and determine whether the prosecutor has a strong case. If there is a strong case, and your facts are weak, the attorney may direct you to accept a plea bargain, determining that it is a good offer. However, in most cases the plea bargain is not a good offer, and a better result may be obtained by choosing to fight for your rights.

This week Lindsay Lohan pleaded no contest to her Theft Case pending before the Criminal Judge in Los Angeles. The judge has already sentenced Lohan to 120 days in jail regarding her probation violation. She will likely serve about two weeks for the petty theft charge and probation officials may allow her to serve the time at home wearing an electronic surveillance bracelet.

A no contest plea, Nolo Contendere in Latin, essentially means "I do not wish to contend" the charges. It states that the defendant does not plead guilty to the charge, but doesn't wish to dispute it either. It carries with it the same consequences as a guilty plea, but the charge may not later be used against the defendant in any civil proceedings. With a no contest plea, the person charged is subject to any and all penalties that may come with a guilty plea, including fines, jail time, and probation.

The option of pleading No Contest is available to all defendants. Many times it comes as part of a plea bargain. An experienced Los Angeles Criminal Defense attorney can discuss the facts of your case and your concerns to help determine whether no contest is a plea you should consider.

Additionally, Lohan was not required to appear in court, her attorney was able to come to court and make the plea on her behalf. A Criminal Defense attorney can do the same for their clients, whether you are a celebrity or not. This relieves the pressure for many clients and allows them to be where they need to be, without the stress of court.

Lindsay Lohan was charged with a Los Angeles Grand Theft charge in January 2011. Grand Theft in California is charged under California Penal Code §487 and is filed a felony. It will be a grand theft charge anytime the item, or property stolen is valued over $950.

The penalty as established by legislation for a grant theft conviction may or may not include jail time, a fine and/or community service. Generally probation is a part of the sentence. The range for a potential sentence will differ for each person that is charged, based on their criminal history and the specific facts surrounding their case.

The good thing is that in California a grand theft charge is a "wobbler". A "wobbler" is a charge that can be filed as a misdemeanor or a felony. Whether it is filed as a felony or misdemeanor will depend on the facts of the case and the background of the person being charged. The government will look to see if a person has any enhancements that will favor a felony charge over a misdemeanor. Enhancements are factors that may warrant prosecution to propose a higher penalty. These factors include multiple similar charges in the person's criminal history, or the value of the time stolen is extremely high (65,000 or higher). If a person is a habitual offender, or is on probation at the time of the charge, chances are the government will want to take it seriously and file it as a felony.

In a majority of cases, a plea bargain will be offered. When the government offers a plea bargain, they are asking the person to plead guilty in exchange for a reduced sentence. For example, if a person is being charged with a felony grand theft, the prosecutor will ask the person to plead guilty to a misdemeanor grand theft. The person who pleads guilty does not have the option to contest the charge, and in exchange the case is closed and they receive a reduced charge.

Lohan refused the plea bargain offered by the government in court. She instead chose to retain her right to contest the charge. She was ultimately charged with a misdemeanor grand theft charge (reduced from a felony) and given 120 days in jail. A misdemeanor charge doesn't necessarily warrant mandatory jail time. However, in this case Lohan had a probation violation and has been in trouble with the law before. As a result, the prosecutor's took into account all the facts of her case, as well as her background and felt that while a reduced sentence would be appropriate, her probation violation had to be addressed.

When the charge is a "wobbler" there is much room for strong argument and defense. A Los Angeles theft attorney has fought thousands of cases similar to Lohan's and has the knowledge and expertise to prepare a case that gives a person the best chances of having it dismissed or filed as a misdemeanor. If it is a first time offense, there is a good chance of avoiding jail time, and having the case filed as a misdemeanor. An experienced California attorney will fight hard to keep the criminal record clean!

Anyone who has ever watched a courtroom drama unfold on television has often come away with the impression that the judge is the most powerful and influential player in the ultimate outcome of a DUI or other Criminal case. Nothing could be further from the truth.

In reality, it is not the judge, but the prosecutor who in most circumstances can make a significant difference between whether a case is successfully resolved through a plea bargain. Every defendant, or person charged with a DUI or Criminal charge has a choice to either work out a negotiated settlement, or have their day in court by exercising their constitutional right to have a jury trial.

In a typical case, a person is represented by an experienced Los Angeles Criminal Defense attorney who reviews all of the evidence contained in the arrest reports with his client, both evaluating all of the positive evidence in his client's defense, as well as considering all negative evidence and witnesses against his client. Once this has been done, one must evaluate its clients story, which includes all exculpatory evidence and witnesses which can show the factual weaknesses in the prosecutor's case.

The relative credibility, or believability of all percipient witnesses must be taken into consideration as a backdrop for examining all evidence being offered, as well as statements of witnesses, which often include friends of the defendant, and police officers. This analysis, in the central to determine the advisability of being found not guilty should a jury trial be desired. A clients prior record of convictions can strongly affect any potential outcome.

Should the client determine that a trial is not in their best interest, then an attorney's role shifts to negotiating a successful and favorable plea bargain with the prosecutor. In most high-volume Los Angeles courtrooms, with hundreds of cases each day, it is easy for a prosecutor to view his cases as nothing more than case numbers, rather than real people.

It is the most important job of your attorney to present not only every piece of favorable evidence, but to present as much strong and documented information to the prosecutor, to demonstrate your clients good record, the out of character nature of the alleged charge, strong work history and lack of prior bad acts, to personalize the way your clients appears.

The legal term for this process is called mitigation. This refers to changing the perception of the prosecutor by showing all of the positive qualities of your clients as set forth above, as well as any efforts your client has made recently, towards addressing the issues which got him in trouble, including all efforts expended towards rehabilitation, and raising the clients awareness to reduce the possibility of reoffending.

Therefore, changing the prosecutor's perception of how he feels about your client on paper, is critical to negotiating a result that is the most favorable outcome possible, based upon the facts and evidence being used against your client.

Your attorneys strong relationship, and years of experience negotiating with the prosecutor can make all the difference in the world in the ultimate results of what the prosecutor is seeking. Unlike television, the judge does not have the power or authority to negotiate a plea bargain, without the prosecutors agreement. A great majority of Los Angeles charges are resolved through the valuable negotiation of defense lawyers on their client's behalf. This process, protects the clients from the large amount of exposure to jail time, as well as other penalties should the client be found guilty at trial. Knowing, and understanding the power of the prosecutor in a courtroom setting, has been a huge benefits to keeping our client out of jail, as well as being convicted of many serious charges.

Actress Lindsay Lohan appeared before the Judge in Los Angeles on February 9, 2011 regarding her Grand Theft case. Lohan is being charged with allegedly stealing a $2,500 necklace from a local jeweler. The 24 year old claims the necklace was lent to her by the store.

Lohan is considering the possibility of a plea bargain in exchange for no jail time. In a plea bargain, you are asked to plead guilty in exchange for a reduced charge, or sentence. You do not have the option to plead not guilty, or no contest.

A plea bargain is often an option for everyone in a Los Angeles Grand Theft case. However, it may not always be the best choice. If you have a strong case against Prosecution, you might want to argue the case, rather than accept a plea of guilty. A Los Angeles Grand Theft attorney can guide you by explaining to you the strength of your case and possible defenses. Then you can make an informed decision.

If Lohan is convicted, she faces up to 3 years in prison. The final sentence will be determined on the basis of several factors: criminal history, the circumstances of the situation as well as past behavior. She has until her next hearing on February 23, 2011 to make a decision. Each individual case is different. What the potential consequence is for your case and whether a plea bargain should be taken will be based on the facts.

If a plea bargain is the best choice, make sure the terms are negotiated in a manner that is beneficial to both sides and not just Prosecution. After years of experience a Los Angeles Criminal Defense attorney will prepare a powerful argument on your behalf so that you get the most out of a plea bargain, one that protects your Constitutional rights.

When you have been charged with a Criminal offense in California, you will be summoned to court and must appear before the Judge. In many cases, a Los Angeles Criminal Defense attorney can make an appearance on your behalf. The first appearance in court is referred to as an Arraignment.

During the arraignment the person charged will receive their arrest report. The arrest report will contain the officer's report on the arrest and the circumstances and facts surrounding it. Additionally the Prosecution must present any evidence they have regarding the case. Prior to the arraignment, you are not able to know what the Prosecution has learned based on the arrest report and what the arresting officer has reported.

Additionally, the person charged will receive a plea bargain from the prosecution. A plea bargain can be described as a settlement offer asking you to plead guilty to a charge and the sentence you will receive if you do so. After having spoken to the Prosecutor regarding a potential sentence, you will have to appear before the Judge. The Judge will then ask you to enter a plea of guilty, not guilty or no contest.

The arraignment is a crucial part of the criminal process, as it dictates the next step in your case. Having a Criminal Defense attorney to represent you makes the whole process a lot less stressful. A knowledgeable attorney has spend every in a criminal courtroom for years and is not only familiar with the ins and outs of the procedure but knows the prosecution and Judges as well. Don't tackle this on your own, have someone on your side who you know you can count on.

A plea bargain is essentially a compromise on the terms of a case settle a prosecutor and a defense lawyer, and his client. A plea bargain is a common term used in the courts in referring to a negotiation about the specific terms of a case settlement. An example of a favorable plea bargain is a reduction to a misdemeanor when the client has been charged with a felony. The benefit is substantially lowering the potential consequences to the client.

The potential of long-term incarceration is much greater in a felony case, and much smaller in a misdemeanor case. The effect of this plea bargain is that it protects the client from the harsh penalties associated with felony charges.

Another example of effective plea bargaining is when a defense lawyer persuades the prosecutor to reduce the charge. Under the right circumstances, it is possible to reduce a petty theft charge to a trespass charge. The benefit to the client in this plea bargain, is that the potential penalties including jail time are substantially reduced, and most likely eliminated. Further, a trespass charge is a much more favorable charge on one's record, than the appearance of a theft offense which carries a much more negative connotation.

Effective plea negotiations can substitute harsher penalties like jail time, for sanctions like community service or Caltrans. In DUI and criminal cases, fines can be reduced, lengthly alcohol programs can be shortened, in exchange for clients attending alcoholic anonymous meetings, or other conditions.

It is critical that people charged with criminal charges be represented by a skilled and experienced attorney whose primary job is working to reduce or eliminate the most severe of consequences, in exchange for less harsh penalties like community service.

The most important foundation which must be laid, is bringing out all of the positive qualities, and good record of the defendant, thus demonstrating to the prosecutor and judge that although this offense is serious, that a more lenient disposition of the case is warranted based upon the clients positive background and good record.

This effective defense strategy continues to be powerful, even where the facts of the case do not present the client in a positive light. It is always in the clients best interests, to explore the possibility of an effective plea bargain which can substantially reduce or eliminate the often harsh sanctions of a criminal conviction.