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Return of Property: Los Angeles Criminal Cases

September 23, 2022

If the police executed a search warrant or otherwise searched you and took your property – do not worry, you can get it back from the police with the help of a Criminal Defense Attorney Los Angeles. Los Angeles Criminal Defense Attorney helped to get your property back – whether it is a gun, money, documents or anything else. Please be mindful that your time to get your property back is limited, especially if you were served with a notice of forfeiture. First, you can get your property back to you if the police who took the property agree to release it to you. Los Angeles Criminal Defense Attorney was able to get the client’s property back many times by […]

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Necessity Defense: Los Angeles DUI

September 20, 2022

California Law Permits Necessity Defense in Criminal Cases. The Necessity Defense can be found in CALCRIM 3403, a jury instruction that can be used in DUI cases. To establish the necessity defense, the defendant must prove: he or she acted in an emergency to prevent significant bodily harm or evil to himself, herself, or someone else he or she had no adequate legal alternatives his or her acts did not create a greater danger than one avoided when the defendant acted, he or she actually believed that the act was necessary to prevent the threatened harm or evil A reasonable person would also have believed that the act was necessary under the circumstances The defendant did not contribute to the […]

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Criminal Record Cleaning: Los Angeles

August 6, 2022

If you have a criminal conviction, you have only limited opportunities to do something about it. PENAL CODE 1203.4 Any person convicted of a crime and who was placed on probation can have his criminal case dismissed if he has successfully completed probation. This dismissal used to be referred to as “expungement” and it is found in California Penal Code section 1203.4. If you were convicted of a felony and placed on felony probation that you successfully completed, you can, at the same time you are asking for “dismissal under Penal Code section 1203.4, ask for a reduction of your felony to a misdemeanor or from a misdemeanor to an infraction. Keep in mind that only offenses that could be […]

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Speeding in DUI Arrests – Los Angeles

July 29, 2022

Most DUI investigations start when a police officer sees some bad driving or a Vehicle Code violation. For example, Los Angeles Police see speeding and pull you over. After the police pulls you over, if the police officer believes you have been drinking, he will suspect that you are drinking and driving and start a DUI investigation. Problems in DUI Stops If you were pulled over in Los Angeles and police suspect DUI, you are in trouble. We believe that most Los Angeles DUI investigations result in an arrest because the police are biased against the drivers and will arrest for DUI even innocent people. Moreover, DUI breath tests are often not accurate because they overestimate the blood alcohol levels […]

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Prior Criminal Acts: Criminal Trials Los Angeles

June 18, 2022

During a police investigation in Los Angeles, LAPD and other police will run a “rap sheet” for the person they are investigating. A “rap sheet” is short for “records of arrest and prosecution”. If you have been arrested before, the police will factor the rap information into any new investigations. If you have a previous criminal record, the police will often count it against you. For example, if you have a DUI arrest in Los Angeles before being arrested again, the police will be more suspicious that you are drinking and driving in Los Angeles again when compared to a person who does not have a previous record. Similarly, If you are being investigated for domestic violence in Los Angeles, […]

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DUI Diversion in California

May 21, 2022

In January of 2021, a misdemeanor judicial diversion statute was passed. It allowed judges to offer a “diversion” of misdemeanor cases, which means that a defendant would be offered to continue his case and as long as he complies with the court orders, the case will get dismissed. This statute can be found in PC 1001.95. With this, the judges suddenly got a lot of power over criminal cases, because no longer a prosecutor has the ultimate control over a misdemeanor case. Penal Code 1001.95 allowed a judge to dismiss a criminal case over the prosecutor’s objection. Only 4 types of cases were ineligible for this judicial diversion: Cases that typically involve sexually related conduct (those that require sex offender […]

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Newly Enacted California Penal Code section 1385 allows a court to dismiss all enhancements including prior DUIs.

February 15, 2022

Under California Bill SB 81, passed in 2022, the judges have a lot more power over the outcome of a criminal case. If you are arrested for a crime in Los Angeles, the prosecutor has complete discretion in filing a criminal case. Yet, once the case is filed, the prosecutor has no discretion to “unilaterally” dismiss the case. Because nolle prosequi is abolished in California, the prosecutor may not unilaterally abandon a prosecution (Pen. Code, § 1386); only the court may dismiss a criminal charge (id., § 1385, subd. (a)).”(Steen v. Appellate Division of Superior Court (2014) This means that the court can refuse to dismiss a case even if the prosecutor asks. A “‘district attorney can only recommend dismissal […]

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Dismiss Your Case: Mental Health Diversion For Criminal Cases Los Angeles

January 23, 2022

California Law Allows Dismissal of Pending Criminal Cases in Several Situations. One of these situations is reserved for someone with mental health issues. That is, a person who has mental health issues can get his case dismissed. This is done through Mental Health Diversion that is found in California Penal Code 1001.36 Under California PC 1001.36 the court can divert many crimes as long as: The defendant suffers from a mental health disorder; The mental health disorder was a significant factor in the commission of the offense. A doctor opines that defendant can get better with treatment The defendnat agrees to the diversion The defendnat will not pose an unreasonble risk or danger to public safety if treated in the […]

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Attorney Answers: Can I not go to court?

November 24, 2021

Rule of Thumb: Most of the time, in Los Angeles misdemeanor criminal cases, you do not have to go to court. In felony cases, defendants are required to go to court. However, there are some exceptions to these “rules of thumb”. Fighting a criminal case in Los Angeles can be very time-consuming and some criminal cases last months or even years. It is often advantageous to delay criminal cases to investigate or get a better deal from the prosecutor or a judge. This delay can result in multiple court hearings that many defendants cannot attend because of health, work, or don’t want to appear because their presence does not change anything. This can create a burden and in many states, […]

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Bad Police Conduct: Win Your Los Angeles Criminal Case

April 29, 2021

If you were unjustly arrested for a crime in Los Angeles, you can be entitled to examine personnel records of a police officer who arrested you based on Evidence Code 1043. Defendants have to establish good cause to do that. Good cause is shown when the personnel records are “material” and based on “reasonable belief”. This is done through a motion, named “Pitchess”, after a case with the name Pitchess v. Superior Court. In the Pitchess motion, a defense attorney or a defendant needs to file a declaration and relevant parts of police reports. The declaration must spell out how the personnel file of the police officer can be relevant and ask for previous complaints of other citizens against the […]

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