Los Angeles Criminal Lawyers Blog

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.

In May 2011, actress Lindsay Lohan was charged and convicted of shoplifting. The Judge sentenced her to 480 hours of community service , to be completed by April 2012.

Lohan was scheduled to complete her hours by providing service to the Los Angeles Downtown Woman's shelter. However, the Downtown shelter has recently terminated their agreement with Lohan because she has failed to appear for several shifts and on days that she appeared, only completed a minimal amount of hours. According to Los Angeles District Attorney, Jane Robison, her hours will be transferred from the Woman's shelter to the Red Cross. In addition, Lohan also has 120 hours of janitorial work that she is signed up for at the Los Angeles County Coroner's Office.

To date, the young actress has only completed 21 of the 480 required hours. In addition to not completing required community service hours, Lohan has also not been attending court mandated counseling sessions. Lohan defends that she has missed community service hours and counseling sessions because she has been out of the country possibly filming a movie.

The type of violations committed by Lohan are referred to as Internal Probation Violations. They are violations due to a failure to comply with orders and terms of the probation rather than because of a new criminal charge.

The Judge will review progress on probation service at an upcoming court date. If the adolescent has not been upholding her obligations to the court and the community, there may be additional charges and serious consequences to her already growing list of violations.

The Judge will consider several factors when assessing the progress of the probation sentence. She will consider the seriousness and the nature of the violation. In this case, it is not as serious as some probation violations can be. A serious violation would be committing an additional crime of the same nature while on probation for the another case on the same charge. Another serious violation would be disappearing from town and failing to inform a probation officer while on formal probation.

Lindsay was sentenced to informal probation (where she does not have to check in with a probation officer on set schedule). Therefore, the nature of her violation is not as serious as some other probation violations.

However, that is not to say that the consequences she faces will not be significant. Based on the facts, and Lohan's failure to adhere to her obligations, the Judge will likely not take the situation lightly. In the last 7 months, she has only completed 21 hours of service, whereas she has 480 to complete. Within 7 months, she should have a significant amount of time completed if she is to follow the deadline of April sentenced by the court.

If she does not start to take her obligations more seriously, she may be facing some jail time in lieu of the community service. Jail time may be a part of the penalty for a shoplifting case. A knowledgeable Los Angeles Probation Violation attorney can persuade the Judge to allow the person to complete community service instead of jail time, as long as they can show that they will take their service seriously.

Lindsay Lohan's actions show otherwise and she may be asked to complete some of her community service time as jail time.

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!

Actress Lindsay Lohan appeared in the Beverly Hills courthouse on September 24, 2010 and was ordered to be taken into custody with no bail.

Ms. Lohan had spent two weeks in jail in this past August and several weeks at a Rehabilitation facility where she had made great strides in tackling her drug and alcohol addiction. Upon being released from the facility, as part of her probation she was ordered to provide the Court with random drug tests whenever requested. The actress, however, failed multiple drug tests in the week before her court appearance. As a result, the Judge took her into custody for her probation violation and set another hearing date for October 22, 2010. The Judge will then decide if Lohan had violated her probation and what the revised sentence will be.

When the Judge grants probation it should be taken very seriously. Your probationary period is a chance for the Judge to see that you have learned from your sentence and will not make the same mistake again. If you violate your probation you will have to appear before the Judge and he or she will decide the appropriate steps to be taken. Possible consequences may include an additional fine, extended probation or community service, and in many cases, mandatory jail time.

A probation violation hearing requires a court appearance. It may seem as if a probation hearing is not as important as the actual criminal hearing but this is not the case. It is highly recommended that you hire an experienced Los Angeles criminal defense attorney. The hearing outcome can change your sentence and in some cases, like Ms. Lohan's, order you to serve a mandatory jail sentence. If you violate your probation, you are no longer protected from avoiding jail. The Judge has the discretion to order any sentence he deems necessary. Protect your minimal sentence, take the proper steps to ensure that your probation violation hearing has the outcome you desire.

When a person is charged with a Los Angeles Criminal case they are required by state law to be placed on Probation depending on the offense. There are over 100s of different offenses in the California Penal code and each will yield difference consequences. Potential sentences may include jail time, a fine to be paid, education classes to be completed, and/or restitution.

The sentence will include one of two types of probation, informal and formal. Informal probation is generally the case for misdemeanor charges. Petty theft will generally be given informal probation which is unsupervised. Formal probation on the other hand requires that a person check in with a deputy probation officer and is strictly enforced. Charges like felony hit and run, or theft will require formal probation after a jail sentence has been served.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete required education classes, pay a fine, fail a required drug test or fail to report to a probation officer ( in cases of formal probation). An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time. The importance of the probation term which the person failed to complete will have a direct correlation to the consequence of the particular probation violation. For example, someone who failed to pay a fine is in a better situation than someone who didn't report for jail time. Similarily, someone who fails to complete an ordered Anger Management class will have a very serious violation on their hands.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases and knows exactly how to prepare a powerful argument playing up the positive aspects of the terms you did comply with. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court and showing the judge a familiar face that carries with it a solid reputation established through 30 years or practice.. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. Contact our office for a consultation without cost of obligation and learn what we can do for you!