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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 California Penal Code section 1092.5 requires that in all felony cases the court finds a factual basis. During the plea, the court must find a factual basis. However, the defendant can stipulate to a factual basis without referring to any document or any specific fact. A defendant can also stipulate to factual basis by referring to a document but this is not required under People v. Palmer (58 Cal. 4th 110), a California Supreme Court case. In fact, People v. Palmer specifically allows defendants not to stipulate to a police report (as many courts want). Thus, if you are about to plea guilty, use Palmer not to stipulate to police reports or any documents short of […]

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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, Penal Code section 1001.95 will allow judges, over the prosecutor’s objection, to dismiss misdemenor cases. 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. This is called a diversion because the criminal case is diverted from prosecution. The diversion, when offered, is offered based on the judge’s determination of conditions unique to specific defendants. So, it must be presented on a motion with supporting documents and arguments. Because this is a new […]

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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). Sentencing enhancements: Los Angeles district attorney will no longer file most sentencing enhancements (including prior strikes). Presumptively all cases are eligible for probation and if probation is not allowed […]

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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. Lastly, police can refer you to a P & M hearing when you are under the influence of drugs. […]

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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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Winning Domestic Violence Cases in Los Angeles

May 6, 2020

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 Los Angeles as soon as possible to win your case. Call our office to talk to a domestic violence attorney Los Angeles 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 Department of […]

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FIGHT YOUR DUI AND CRIMINAL CASE WITH A DEMURRER

April 13, 2020

ENTER POLICE – DO ARREST – HOW DO YOU FIGHT IT? – ATTACK THE PLEADINGS! One way you can fight your case is to demure to the prosecutor’s case. For example, refusal allegations for a DUI can be demured to based on constitutional rights to refuse a chemical test. Another example is when the police file resisting arrest charges, commonly known as Penal Code section 148(a). The problem is that PC 148 commonly filed not only on the resisting arrest but on any disobedience of a police officer. In our opinion, this kind of filings is not described in the statute. Penal Code section 148(a) reads: Every person who willfully resists, delays, or obstructs any public officer, peace officer, or […]

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Voir Dire: What Is It and How to Use It To Win At Trial

January 12, 2020

Voir Dire is a process to approve a juror or an expert witness for trial. If you don’t think an expert witness knows information that is relevant for your trial, you can question the witness to see if he is not knowledgeable enough and will not confuse or mislead the judge or jury. Voir Dire for jurors is used primarily to see pick the best jurors for the trial. Someone who will be friendly to your case or your client and is not influenced by bias. As part of the process of selection of jurors, you can exclude up to 6 jurors in misdemeanor cases and 10 jurors in felony cases. During voir dire attorneys will ask the jurors about […]

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