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DOMESTIC VIOLENCE VICTIM’S RIGHTS IN CALIFORNIA
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, the Los Angles City Attorney or Los Angeles District Attorney will be prosecuting a Los Angeles Domestic Violence Arrest. Los Angeles District Attorney prosecutes Los Angeles Sheriff’s Department’s Arrest, most small city arrests, and all serious arrests with “felony” type of injury. Los Angeles City Attorney prosecutes misdemeanor-level LAPD arrests. Almost any arrest for Los Angeles Domestic Violence will be a felony arrest. That means that police will refuse to decide if the injury is minor and arrest for a misdemeanor. Because statutory bail for […]
Los Angeles Criminal Case: Dismiss Your Case by Withdrawing Your Guilty Plea
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 Los Angeles 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 […]
Dismiss Your DUI or Dismiss Your Criminal Case (Misdemeanor Diversion)
Dismissal Under California Penal Code Section 1001.95 (Unfortunately – DUI Diversion is No Longer Available In California under the court of appeal decision) 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 […]
Defendant Friendly New Los Angeles District Attorney Policy
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: These new guidelines will significantly reduce the number of criminal cases prosecuted in Los Angeles County. We are yet to see if this policy will result in a reduction in crime in the city. It should be noted that Los Angeles City and Los Angeles County are reducing the law enforcement budget by cutting millions […]
Physical Or Mental DMV Hearing
APS HEARING In California, a DMV has ultimate authority over driving and because of that, it can require a DMV hearing. One such DMV hearing comes after a DUI arrest. If a driver is arrested for a DUI in Los Angeles, the arresting officer will confiscate the driver’s license. However, the driver can request a hearing to get his license back. This hearing has to be requested within 10 days of arrest. If the driver refused a chemical test, the DMV will hold a “refusal” hearing. If the driver’s blood alcohol level was tested and it showed the presence of alcohol above .08%, the DMV will hold an “APS” hearing. PHYSICAL AND MENTAL STATE HEARING On the other hand, when […]
Can a DUI Get You Deported?
Whether you’re a student on an F1 visa, a Green Card holder, or an asylum seeker in the US, you want to make sure that you do not have any criminal record that will cause problems for your immigration status. Here, we discuss how a Los Angeles DUI Attorney will help you avoid problems with the USCIS or ICE. A DUI arrest can have serious consequences for anyone, but, for a non-citizen, it can lead to such consequences as the loss of a tourist visa, and even denial of citizenship, deportation, or refusal of admission. Imagine how horrible it is to come home to the US and not be allowed in by immigration officers because of a DUI on your […]
A DUI trial: picking a jury for DUI case in Los Angeles
Here, 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. Bias In Juries It is not easy to pick a defendant-friendly jury for a DUI trial in Los Angeles. Most people think that DUI drivers are very dangerous because a drunk driver can accidentally kill an innocent person. And yet, most DUI prosecutions have no actual victims. Because of fear of possible harm that a drunk driver can cause, many Jurors are very biased against drunk drivers and because of this bias, it is very hard for them to be objective during a DUI trial. The bias is so […]
Domestic Violence Los Angeles Arrest
Being arrested for domestic violence is one of the most terrifying experiences a person can have. Domestic violence charges can create many problems and even destroy your family. You must contact a domestic violence attorney in Los Angeles as soon as possible to win your case. Call our office to talk to a domestic violence attorney Los Angeles at any time. If you were arrested for domestic violence, you will have to deal with the following: Police will take you to jail (sometimes directly from your home). LAPD and LASD will almost always classify any domestic violence arrest as a felony. Your record (rap) will be affected because of that felony arrest. Upon arrest, the police will notify the California […]
WIN YOUR CRIMINAL CASE: DEMURRER
WHAT IS A DEMURRER A demurrer is a way to win your criminal case in Los Angeles by convincing the judge that the complaint does not properly describe the crime. HOW IS IT DONE? By filing a motion, called a demurrer, which argues that Los Angles Prosecutor does not have enough information in the complaint to describe the crime. It is best when this motion is filed as soon as possible, ideally at the arraignment stage, typically the very first court appearance on the case. EXAMPLES One example is a demurrer to the special allegation of a refusal to submit to a chemical test as part of a Los Angeles DUI Investigation. Usually, a person who is arrested for a […]
Coronavirus, COVID-19 and Criminal Cases In California
criminal cases and covid-19