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Attorney Answers: Do I have to Go To Court?

November 24, 2021

Rule of Thumb: Most of the time, if you have a good attorney, you do not have to go to court. However, there are some exceptions to this “rule of thumb”. Fighting a criminal case 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 other issues. This can create a burden and in many states, if you are arrested for any crime, you have to be in court on the day you are ordered to appear and […]

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Bad Police Conduct: Win Your Los Angeles Criminal Case

April 29, 2021

Some cops lie in the police report or during an arrest. Sometimes, it is not a lie but other improper conduct, like a search without permission or reasonable cause, use or force or undue pressure, or evidence of bias or racism. If any of this happened to you when you were arrested, you can bring up the police officer’s bad behavior in court to get a good deal, a dismissal, or an acquittal. For example, if you have evidence of police lying, you can bring it up to the prosecutor to get a dismissal. Or if the evidence against you is strong, you can get a better deal from a judge or a prosecutor instead of going to trial. Or […]

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Cash Bail In Criminal Cases Los Angeles

January 10, 2021

Overview Of The Cash Bail System After a person is arrested, police (and later the courts) set bail. Bail is an amount of money that an arrested person can give to the police to be released. If the person does not have the money, he will stay in jail or he can hire a bail bondsman (see below). The release is only until the criminal case concludes. Once the criminal case is concluded, the bail is refunded to the arrested person (if paid in full). If the criminal case concluded with a conviction that involves jail time, the bail is returned but the person goes back to jail to complete his jail sentence. EXAMPLE: John is arrested for a DUI […]

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DOMESTIC VIOLENCE VICTIM’S RIGHTS IN CALIFORNIA

January 6, 2021

OVERVIEW OF DOMESTIC VIOLENCE CRIMES California Domestic Violence crime is one of the most common crimes prosecuted in Los Angeles county. Depending on the city where the arrest took place and the level of injury, Los Angles City Attorney or Los Angeles District Attorney will be prosecuting Los Angeles Domestic Violence Arrest. Los Angeles District Attorney prosecutes Los Angeles Sheriff’s Department’s Arrest, most small cities arrests, and all serious arrests with “felony” type of injury. Los Angeles City Attorney prosecutes misdemeanor level LAPD arrest. Almost any arrest for Los Angeles Domestic Violence will be a felony arrest. That means that police will not decide if the injury is minor and arrest should be for a misdemeanor. Statutory bail for domestic […]

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Dismiss Your Case: Plea Withdrawal

December 16, 2020

BASICS OF PLEA WITHDRAWAL This post deals with a guilty plea that is affecting your life. If you plead guilty and regret it, you can contact our criminal defense attorneys in Los Angeles to evaluate your case. If your rights were violated, you can get a dismissal of your criminal case in Los Angeles. This criminal case dismissal is not an outright dismissal of your criminal case but a conditional dismissal of your criminal case. First, the guilty plea is reversed, then the prosecutor dismisses the case. After plea withdrawal the prosecutor has a right to continue prosecution, however, most do not and instead dismiss criminal cases. Many Los Angeles defendants who are looking for criminal defense attorneys to clean […]

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Dismiss Your DUI or Dismiss Your Criminal Case (Misdemeanor Diversion)

December 15, 2020

Dismissal Under California Penal Code Section 1001.95 The law changes in California once again. Starting January 1, 2021, California Penal Code section 1001.95 will allow judges, over the prosecutor’s objection, to dismiss misdemeanor cases. This law seems to apply to DUI cases and a judge now can dismiss your DUI case. To do that, a judge has to be convinced that diversion is appropriate in your case. Also, you have to agree to continue your case for up to 24 months and do what the judge asks you to do. A judge might ask you to do an alcohol education program, visit a hospital and morgue, do AAs and/or community service. This is called a diversion because the criminal case […]

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New Los Angeles District Attorney Policy

December 14, 2020

On December 7th, 2020 George Gascon was sworn-in as the District Attorney of Los Angeles County. Immediately upon swearing-in he instituted a major change in Los Angeles County District Attorney Policy. He issued 9 special directives each ordering his prosecutors to be much more lenient on the defendants. This is the most significant change in Los Angeles prosecutions in many years. The Directives are: Pretrial release policy: ordering no more cash bails for defendants Misdemeanor case management: declination of filing and pretrial diversion for many charges (DUI and Domestic Violence excluded). (Special Directive 20-7). This directive also instructs the DAs not to offer plea deals that involve Caltrans and Jail in the same case. This directive also instructs the DAs […]

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Physical Or Mental DMV Hearing

October 25, 2020

There are different types of DMV hearings. With a DUI arrest, you can have a “refusal” hearing or an “APS” hearing. But when a driver looks “not well” (such as should not be driving due to a medical condition, addiction, or age), police can refer the driver for a Physical or Mental reexamination, AKA, P & M hearing. P & M hearing happens when a police officer (or a doctor) decides that a driver does not have the skills (such as an elderly or sick driver). Also, such a hearing can happen when a driver has no knowledge of traffic laws. Police even can refer you to a P & M hearing when you are under the influence of drugs. […]

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Can a DUI Get You Deported?

October 20, 2020

Whether you’re a student on an F1-visa, a green card holder, or in the US for asylum, you don’t want to take your chances when it comes to immigration. A California DUI arrest is a serious crime, but, for a non-citizen, it can lead to tragic consequences such as a denial of citizenship, deportation, or exclusion from admission.  Imagine how horrible it is to come to your home in the US and not be let in by immigration because of a DUI on your record.  We’ve entered a political climate where the US government (through its current president) acts very harshly against immigrants, as you’ve undoubtedly seen in the news. Here’s what you need to know about DUIs as an […]

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A DUI trial: picking a jury for DUI case in Los Angeles

June 21, 2020

In this article, Los Angeles DUI Defense Lawyer discusses all things relevant to picking a jury for a DUI trial. Click on the links below to go directly to your topic of interest. Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? DUI Trial: Scientific Argument Expert Witnesses at a DUI trial in Los Angeles Can a DUI Case be dismissed when the courts are congested with other cases? Bias In Juries It is not easy to pick a good jury for a DUI trial in Los Angeles. We all as a society consider DUI drivers to be a scourge of modern society. It seems unfair that because of some decision to engage in drinking – […]

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