The right to a trial by jury is one of the most important rights a criminal defendant in California has.  Though many cases do settle earlier on in the case (read about Plea Bargaining), it is the possibility of trial and the merits of the case at trial that would give the parties leverage in those negotiations.  When a defendant does take a case to trial, but is nonetheless denied a fair trial, there may be grounds for a new trial.  (read more about Criminal Trials).

A new trial motion is similar to an Appeal in that many of the same grounds are explored.  In this regard, a new trial motion is often the best first step upon conviction.  Not only does it offer the remedy of a new trial, but in the event that the new trial is denied, much of the work necessary to conduct an effective appeal has already been done.  It should be noted, however, that in some specific instances, a new trial motion may give the trial judge an opportunity to clean up certain issues and creating a record for appeal that is not as favorable to the defendant.  Whether to have a new trial motion or move directly to appeal is an important decision, but each case must be carefully considered.

The most frequent grounds for a new trial involve:
-allegations of juror misconduct (using outside information, improper deliberations, improper verdict)
-judicial misconduct (making a legal error, improperly instructing jurors)
-prosecutorial misconduct (withholding evidence, improper argument)
-evidence issues (insufficient evidence to convict, newly discovered evidence)

Penal Code Section 1181 governs the grounds for a grant of a new trial.  A new trial may only be granted on defendant's motion under one of the following circumstances:

1. When the trial has been had in the defendant's absence except in cases where the trial may lawfully proceed in his absence (pursuant to Penal Code 977; see Do I have to go to court);

2. When the jury has received any evidence out of court, other than that resulting from a view of the premises, or of personal property;

3. When the jury has separated without leave of the court after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented;

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors;

5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial, and when the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial thereof before a jury;

6. When the verdict or finding is contrary to law or evidence, but if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict, finding or judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed;

7. When the verdict or finding is contrary to law or evidence, but in any case wherein authority is vested by statute in the trial court or jury to recommend or determine as a part of its verdict or finding the punishment to be imposed, the court may modify such verdict or finding by imposing the lesser punishment without granting or ordering a new trial, and this power shall extend to any court to which the case may be appealed;

8. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all circumstances of the case, may seem reasonable.

9. When the right to a phonographic report has not been waived, and when it is not possible to have a phonographic report of the trial transcribed by a stenographic reporter as provided by law or by rule because of the death or disability of a reporter who participated as a stenographic reporter at the trial or because of the loss or destruction, in whole or in substantial part, of the notes of such reporter, the trial court or a judge, thereof, or the reviewing court shall have power to set aside and vacate the judgment, order or decree from which an appeal has been taken or is to be taken and to order a new trial of the action or proceeding.

If you or a loved one has been convicted at trial and you have concerns that there was not a full and fair opportunity, consult with a criminal defense attorney now to discuss the options.  A new trial motion must be filed before a defendant is sentenced, so time is of the essence.  Contact a Los Angeles Criminal Defense Lawyer now for a FREE CONSULTATION 213-375-3775.

Monrovia is in the San Gabriel Valley of Los Angeles County, with a population of about 37,000. Although Monrovia is located about 20 miles northeast of Los Angeles, it is known for being a popular place for filming of television and movies. In addition, Monrovia is known for having a tightly knit community, and it fosters this reputation through community events held throughout the year. From “Healthy Kids Day,” to summer concerts in its park, Monrovia is a great place to raise a family – especially if you wish to do so away from the hustle and bustle of Los Angeles. Monrovia has more burglaries and thefts than violent crimes, but like any other city, it is not completely devoid of violent crimes.

Because Monrovia strives to maintain its image as a family-friendly community, it often hands down harsh punishment to those accused of disturbing this reputation through criminal violations. If you or someone you know is facing criminal charges, be sure to check out our Los AngelesPractice Areas Page to secure skilled, experienced legal representation specific to your charges.  Along with neighboring Duarte, Montrovia has several notable gangs that are responsible for a significant portion of the crimes committed in the area.

Monrovia Law Enforcement
Monrovia Police Department’s mission is to “serve all citizens within boundaries of fairness, compassion, and respect.” Monrovia PD also places emphasis on improving quality of life within the community. The Department also oversees several special programs, including animal control, anti-graffiti, the Keep Kids Alive Campaign, and several others. The Monrovia PD is also different from other police departments in the way it is organized. The Administration Section handles budget coordination, management, planning, and organizational development within the community. The Support Services division is handled by one police captain; with the responsibility of overseeing the management of records, communications, crime analysis and technology, and the detective and community policing bureaus. The Operations Division has the most community contact, and includes bicycle and motorcycle patrol and traffic enforcement. The Detective Bureau handles follow-up investigation for criminal cases, and is involved in filing those cases with the District Attorney’s Office.  The Community Policing Bureau is in place to provide support and crime prevention to Monrovia neighborhoods through home security checks, seminars, and assistance with Neighborhood Watch Programs.

Monrovia Criminal Court Cases
Although there are no courthouses in Monrovia, the Monrovia communities are served by both the Pasadena and Alhambra courthouses – both of which belong to the Northeast Judicial District of Los Angeles. The Pasadena courthouse is located at 300 East Walnut Ave., and provides all services, including civil, criminal, family, juvenile, and traffic.

The Alhambra courthouse is located at 150 West Commonwealth, and provides both criminal and small claims services. This location also houses a sheriff’s department, public defender’s office, probation department and pretrial services.

FAQ’s About Criminal Plea Deals
Unlike what you often see in television and movies, only a small percentage of criminal cases actually go to trial. This is because the defendant often takes a plea deal, which although saves the hassle and time involved with going to trial; it may not always be the best decision. Each case will be specific to the facts involved, and it is important to have experienced attorneys on your side who can identify whether or not a plea deal is in your best interest. In addition, a good criminal defense attorney will be well versed in plea negotiations, helping you to get the best outcome possible in your specific case. Here are a few commonly asked questions regarding plea deals in criminal cases.

What is a plea bargain?
A plea bargain occurs when the prosecutor and the defendant agree that the defendant will receive a specified sentence.  An agreed-upon sentence achieved by plea bargain will typically be a lesser sentence and/or reduced charge.

When might it be a good idea to make a plea bargain?
Jury trials carry a great deal of uncertainty, because nobody ever really knows what decision a jury (or even a judge) will make. The benefits to the state in making a deal are obvious, it saves them valuable time, money, and resources. In some cases, it is also beneficial for the defendant to accept a plea bargain. For example, if your defense attorney thinks the state has a strong case against you, it may be better to accept the reduced sentence than to roll the dice at trial.  If there is a criminal conviction disposition that will not negatively impact your life (no jail, not a felony, eligible for electronic monitoring, will not cause immigration consequences, etc.).

What if I change my mind after I make the plea deal?
Though it is possible to withdraw your plea, it is unwise to enter into a plea with this consideration.  If you have doubts about pleading in your case, do not accept a deal thinking that you can return it like a pair of shoes.  Depending on the circumstances of each case, the answer to this whether the plea can be withdrawn will vary. One of the most important considerations is time. A defendant’s attorney might be able to successfully move to withdraw the plea if only a short period of time has passed. In other cases, an attorney may move to withdraw a plea based on the prior defense attorney’s lack of consultation with the defendant. For example, if the defendant takes a plea deal without his attorney informing him thoroughly of the conditions of the plea, a subsequent attorney can move to withdraw the plea.

I understand the pros of a plea bargain, but what are the cons?
When a defendant really wants to tell their side of the story, taking a plea deal may be a negative aspect. Other defendants who insist they are innocent, but don’t want to take the chance of being convicted after trial, are often required to admit guilt in order to obtain the reduced sentence. The risk of a guilty plea from an innocent person afraid of going to trial is one of the main flaws at this stage of criminal proceedings.

Jury nullification occurs when a jury refuses to convict a defendant, because the jurors believe that the law itself is unjust. Historically, jury nullification has sparked some interesting debates. For one, jurors are supposed to represent the voice of the people. Indeed, a trial by an individual’s peers is written in the U.S. Constitution. If our forefathers found this to be such an important part on the checks and balances of the government, why is it such a point of contention?

In 2008, the California Supreme Court decided that judges may remove jurors who declare their morals above the law. Under the California Penal Code, the court may excuse a juror who refuses to follow the judge’s instructions. The court also has the authority to dismiss jurors who are unable to perform their duties. In either of these situations, the court will simply bring in an alternate juror. Defendants have argued that jurors should not be excused under the idea of jury nullification. This makes sense, because if there is a juror that disagrees with the law, itself, that juror is less likely to convict the defendant. The defendant, therefore, would want that juror on the jury.

Jurors are supposed to provide representation of the community, as well as acceptable societal norms. However, it is now common practice to legislate around the foundation of the juror’s role. For example, there are several areas of law in which the legislature provides that jurors are not to be instructed regarding statutory limitations on damages in civil suits. Today, the judge and the jury play separate roles. The judge has the authority to deny the jury the opportunity to act beyond its prescribed role as fact finder. The modern judicial system is set up to allow the judge to make determinations of law and fact, whereas the jury is only responsible for fact finding.

Although fact finding may seem like a less important task than findings of law, the jury is actually quite powerful – in that it may refuse to find any fact, notwithstanding the amount or strength of evidence to support it that fact. However, if a jury makes a finding of fact, it cannot refuse to render the verdict that accompanies the finding of that fact. It is this constraint that affects the idea of jury nullification. The jury must accept the law as it is given by the court, and then apply the given law to their findings of fact.

Jury nullification brings up some legitimate questions. While it does seem as though the founders greatly valued a “trial by jury,” did they value this concept notwithstanding cases where jurors wish to completely disregard the law? Does “trial by jury” actually mean “trial by jury as long as they accept the law?” Some legal scholars also make the argument that if a juror is willing to violate their oath, this says something about their overall integrity. If a juror’s moral compass is off, this could significantly affect the integrity of the judicial system in that case.

Although the roles of judge and jury see a separation today, the idea of jury nullification still raises arguments and questions. Those for jury nullification view it as a basic constitutional protection against unjust laws. Those against jury nullification argue that it allows the unqualified jury to take on a legislative function. Those who argue against jury nullification say that deciding whether a law is unjust should be left to legislators, who have the time to consider the ramifications and public policy considerations before enacting the law. However, there is also an argument that jury nullification is the only way to remedy representational discrepancies of race in our legislative bodies.

Though attorneys are precluded from asking for jury nullification, many jurors will refuse to convict in certain types of cases, particularly cases involving marijuana and medical marijuana.

Prosecutorial misconduct occurs when a prosecutor fails to abide by the ethical code outlined by their state’s rules of conduct. Most prosecutor ethical duties are very similar throughout the U.S., but there are slight differences amongst certain states. In California, prosecutors are prohibited from prosecuting defendants that they know are innocent, and also from holding back evidence that would materially benefit the defense. Although the underlying duty of a prosecutor is to seek justice, and not merely to convict, human error and overzealous prosecutors often measure success by the number of convictions they are responsible for, instead of measuring by accuracy.

Prosecutors have a great deal of power, but abuse of this power significantly erodes the public’s trust and faith in the judicial system. With the spotlight on recent wrongful convictions in both California and throughout the country, prosecutorial misconduct is being highlighted – although this country has a history of leaving it in the shadows. There are pros and cons to creating media attention through the judicial system’s blunders. The advantage is that perhaps more stringent ethical standards will be placed on prosecutors, and also that prosecutors may prosecute future cases more carefully to avoid public embarrassment. The disadvantage is not so much a disadvantage, as it is a disappointment. With the spotlight on major judicial errors, the public loses faith in the judicial system, and the courts are no longer seen as a place of justice – but as a place of corruption and despair. These ideas are very present among those who are unable to afford private defense attorneys.  

Recent Prosecutorial Misconduct Scandals
It’s important to note that under the ethical rules, police misconduct may also be imputed to the prosecution. This means that in many cases, when there is police misconduct, and the prosecution uses information or evidence gathered from the misconduct, the prosecutor has also violated her ethical duties. One of the most jaw-dropping recent scandals comes out of Orange County, California – where both prosecutors and police were working together to cover up exculpatory evidence, even after the court issued several discovery orders. The scandal affected nearly three-dozen cases, and the misconduct by the Orange County Sheriff’s Department occurred for nearly 25 years. It turns out that the District Attorney’s Office and the OC Sheriff’s Department were running a jailhouse informant program that violated defendants’ constitutional rights and helped prosecutors to strengthen and win their cases unfairly.

Making a Murderer
While we deal with our own prosecutorial scandals in California, other instances of prosecutorial misconduct throughout the country are also gaining attention. Perhaps the most talked about is the Netflix documentary series “Making a Murderer.”  The story is about Steven Avery, a man who was wrongfully convicted of sexual assault and attempted murder. After being exonerated, Avery brought a multi-million dollar lawsuit against the county in which he was convicted – as well as several officials within that county. However, before he would even see his settlement money, Avery was charged and convicted of murdering a young, local photographer. Questions remain regarding the integrity of the prosecutors and the investigators in the murder case. It is also suspicious that investigators focused in on Avery’s young nephew. After interrogations full of leading questions and feeding the nephew information, the nephew soon implicates himself, and is also charged and convicted. The Avery story is full of questions regarding how far investigators and prosecutors will go in order to prove themselves. Focusing on someone who is young, has a low IQ, or is unsophisticated is not a new investigative tactic.

Unfortunately, those with a socioeconomic disadvantage are most prone to being victims of prosecutorial misconduct. It can take significant resources to properly defend yourself; especially against serious charges. Though the public’s view of the judicial system is grim, it is likely that we are reaching a breaking point – where hopefully sweeping changes will soon follow. The Avery and Orange County cases demonstrate how important it is to have competent counsel in your corner, especially against an opponent who has the capability and reputation of fighting dirty.

As awareness of prosecutor misconduct grows, so must the response to eliminate it.  In 2015, Assembly Bill 1328 was passed to further discourage prosecutorial misconduct.  It mandates that the prosecuting agency be recused from the case and the case dismissed for violations such as Brady violations and other breaches of ethical duties.  If you or a loved one is facing criminal charges, it is important to have great representation, specifically an attorney who can identify, take on and prevent prosecutorial misconduct.  Contact us now for a free consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

We live in an age where everything is recorded and subsequently published for the world to see on social media. Outlets like Facebook, Instagram, and Twitter allow any civilian to document crimes, or even inappropriate police behavior. This occurrence inevitably affects both the police and citizens by changing the way the two interact. Of course, police have several tasks and missions when they hit the streets. Crime prevention and addressing crime after it has occurred are two separate approaches. However, is the ascent of social media helping or hindering the way that police carry out their operations? Of course, there may be no straight answer, since each case will be fact-specific. There are two sides to the argument – some believe that social media is necessary for increased police accountability, especially with the negative attention that some police departments have recently received. Others have seen social media bring justice to those who have been harmed. Here are some overall points that underlie the discussion.

Social Media as Evidence
It is remarkable how common the use of social media is in criminal investigations.  Documenting life events with pictures, videos, status updates, connections to others and more, can be a useful tool for establishing alibi evidence, as well as a useful tool for law enforcement to prove involvement, knowledge, proximity, intent, or possession of proceeds of a crime. 

Because of the personal nature of social media, identifying ownership or identity of an account or poster can be much easier.  This can be done through user names, profile pictures, other biographical information, pictures or videos sent or received, connections to other users, comments or other communication from others, etc.  For this reason, social media can provide even stronger evidence that telephonic or text messages.  Keep in mind also how many people have access to social media profiles.  Many are accessible to the general public, but even private profiles and communications can be viewed by other connected persons.  Additionally, private and even deleted communications, pictures, videos, etc. are generally stored by the social media companies and can be subpoena'd by law enforcement or the defense.

Communication
One possible benefit of police departments using social media is increasing communication between the men in blue and local citizens. If done properly, the department can mold the topics into useful conversations – giving citizens the opportunity to be heard and to provide feedback on important social issues. It also makes sense from a practical standpoint, because most people use social media to communicate, in general. In addition, creating an outlet on social media gives the department a personal presence, as opposed to simply being a faceless entity. This type of communication is also indicative of a department’s attempts at transparency.

However, those who feel the benefits of departments using social media do not outweigh the negative aspects argue that police do not understand how to properly use social media. To be fair, law enforcement officers are trained to be just that, and not social media experts. However, this can result in social media blunders that may tarnish the department’s reputation. For example, live tweeting sting operations may be viewed as exploitation. Some argue that this is inappropriate, and that it feels like the department is engaging in reality-show publicity.  Police departments are often the target of controversy and scrutiny, so it may take the slightest social media mistake to severely impair their reputation.

Crime stoppers function
A 2013 survey indicated that 96% of police departments use social media in some way. Most departments who do utilize social media note its importance in solving crimes. Police departments used to rely on anonymous phone calls, but social media has become a crucial tool in both crime solving and crime prevention. As for crime solving, the police may canvas social media for potential witnesses, or even suspects, themselves. Some suspects are foolish enough to brag about the crimes they’ve committed on social media, helping the police bring justice to victims and their families.

Using social media for crime prevention is another important feature of social media. First, increasing communication with the citizens they serve allows police to communicate prime prevention tips to a broad audience. Social media can also provide red flags in terms of large-scale criminal activity. Social media provides this type of information that would otherwise be a timely, difficult task.

While social media is important for both crime prevention and crime solving, some argue that the department’s time should not be consumed in front of a computer. In addition, some citizens may feel uncomfortable knowing that law enforcement is roaming their personal Facebook or Twitter pages. Those who are sensitive to Constitutional concerns feel as though law enforcement does not have a right to canvas their personal conversations. The Constitutional gray area results from the use of social media by both law-abiding citizens and criminals who often incriminate themselves on social media. Police use of social media is still in its infancy, and perhaps one day the courts will decide issues like which types of content should be viewed, the breadth of information to be viewed in light of Constitutional concerns, and who should conduct the observation and analysis. It’s likely that courts will follow a 2012 decision in New York, where the court said that “A suspect’s legitimate expectation of privacy ends when he disseminates posts to his friends, because those friends are free to use the information as they wish, including providing it to the government.”

Cellular telephones have become such a major part of our daily lives that their use, storage and evidence capabilities and possession can be central to a criminal case.  In many ways, your cell phone can serve as an alibi (a defense) to a crime you did not commit.  At the same time, your phone's pictures, texts, videos, GPS location, apps (like social media, ride sharing, food delivery, etc.) can all yield evidence of a crime or evidence of innocence.  Even for unregistered cell phones, their ownership can be proven by showing possession/control over the phone, and/or by the phone's content (for example, a "selfie" posted to instagram).  Cell phones are increasingly used for investigative purposes in crimes involving: drugs, domestic violence, DUI, theft crimes, criminal conspiracies, and more.

Constitutional Safeguards
ALWAYS REFUSE SEARCHES!  NEVER CONSENT!  The Fourth Amendment safeguards that protect against unreasonable searches and seizures were drafted long before cell phones and other technology. Courts have grappled with warrant requirements, officer safety, and the evolution of cell phone technology. Today, cell phones are not just a method of communication, but a handheld computer that holds your monthly planner, notes, internet searches, call history, and much more. Cell phones hold much more information than a purse or a backpack, so when are police allowed to search your phone? Are there specific restrictions?

Generally, officers must obtain a search warrant before searching digital data. Because a cell phone is not generally used as a weapon, and there is no exigency once the phone is seized, cell phones do not usually fall under a warrant exception. However, the police may seize your phone, and then get a search warrant to unlock it and go through its contents. The police may search the phone if they believe that it may be used to place officers in additional danger. However, there are no bright line rules as to what is sufficient belief in terms of additional danger once the primary suspect is apprehended.

The decision came down in June 2014, where the Supreme Court ruled on cases out of Massachusetts and California. Criminal suspects in these states were convicted after a warrantless search of their cell phones (phone numbers, text messages, and photos) unveiled evidence that they were allegedly involved in drug and gang activity. This was a landmark decision, and the Supreme Court made it clear that the search of a cell phone does not fall within the exigent circumstances warrant exception. The Supreme Court did mention that circumstances such as child abduction or a bomb threat may justify search of a cell phone incident to arrest. If the officer believes there is an emergency that warrants the search of the arrestee’s phone without a warrant, then the state has the burden to prove that the emergency is sufficient to overcome privacy concerns.

Although the Supreme Court made it clear that the law views digital devices differently than physical property, it’s important to remember that if arrestees give consent to the officer to search the phone, then it is a lawful search. If you do not give consent, then the officer must obtain a warrant. Some arguments states have attempted include the notion that the search of a cell phone is necessary to prevent the destruction of evidence. Normally, an articulable belief that the arrestee will destroy evidence is sufficient to perform a search without a warrant. However, seizing the phone safeguards against the destruction of evidence. In addition, the Supreme Court found that removing the battery or placing the phone in a bag that blocks radio waves will prevent evidence being erased from a remote location.

States are also unable to overcome the fact that the search of a cell phone may also allow the police to search items on the iCloud, which would exceed the scope of the search in many situations. As technology continues to grow, so will the questions for courts, especially questions that require the balancing of privacy concerns and officer safety. Both are weighed heavily in the court’s analysis. Smartphones are becoming smarter, but privacy is at the core of protected interests, so it is unlikely that smartphone technology will evolve to fit into a search warrant exception.

If you or a loved one is involved in a criminal case involving evidence obtained from the use or possession of a cellular telephone, contact the Law Offices of Nicholas Loncar now for a FREE CONSULTATION.  213-375-3775.

DUARTE CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
The city of Duarte is situated just south of the San Gabriel Mountains, near Monrovia, Irwindale, and Azusa. Located on historic U.S. Route 66, Duarte is rich in wild-west myths and history. Duarte has a population of 21,829, and is proactive in improving air quality and the environment. The city is known for its yearly Route 66 parades, and nearby attractions include: the Los Angeles Arboretum and the Santa Anita Racetrack. Duarte is known by some as “The City of Health,” mainly because the City of Hope research center is located here. The City of Hope hospital employs more than 300 doctors and 2,500 employees who work to find causes and cures for life-threatening illnesses like cancer, HIV/AIDS, and diabetes.

Duarte has several sizable gangs, including Duarte and Duarte East Side.  Many of the crimes committed within the city are in some way associated with gang activity.  Gang cases are prosecuted very harshly by the Alhambra branch of the Los Angeles District Attorney.

As for crime, Duarte’s crime index is a 45 (100 being the safest). On average, there are 1.98 crimes per 17.12 residents, and a 1 in 505 chance of being a victim of a violent crime. If you or someone you know is charged with a criminal offense, be sure to check our Practice Areas page for competent and experienced legal help. From small charges like vandalism to felony charges (including homicide), its important to have an experienced attorney on your side every step of the way.

Duarte Law Enforcement
Duarte is served primarily by an LA County Sheriff satellite station located on Huntington Drive. This station also serves Bradbury and Monrovia communities. Although sheriff services like patrol, investigations are carried out by the satellite station; they do not have dispatch services. In emergency situations, Duarte residents are also served by the Los Angeles Sheriff’s Department (LASD) Temple Station, located on Las Tunas Drive. The LASD is focused on earning and maintaining the community’s trust through transparency and integrity.

Duarte Court
Though there are no courthouses in Duarte, the residents of Duarte are served by the Alhambra Courthouse on Commonwealth Avenue. This location has both criminal and traffic divisions.  The Alhambra Courthouse also hears cases from Alhambra, and nearby communities like San Gabriel, San Marino and Monrovia.

Here are some common charges and why you should hire a skilled, passionate attorney:

Domestic Violence: Domestic Violence charges can be tricky, especially because some domestic charges are "wobblers," meaning they can be charged as either a misdemeanor or a felony depending on the circumstances.  The court will look at: the accused's criminal history, the location the incident took place, the nature of the relationship between the victim and the accused, and the extent of the physical harm. While most defendants think it may be difficult to get charges dropped or reduced, an experienced attorney will analyze police procedures. If the police did not follow proper procedures, this could be a determining factor. It’s also important to note that police must make an arrest if there is a visible injury.
more information about Domestic Violence Cases

Driving Under the Influence ("DUI"):  DUI is the most commonly prosecuted crime in LA County, and is treated very seriously by the District Attorneys Office.  In LA County, a conviction for a first offense will result in three years of probation, fines averaging around $2000, a six month license suspension (apart from the administrative action taken by the DMV), attending alcohol education programs, and mandatory installation of an ignition interlock device.  Second and third DUI convictions carry mandatory jail time and longer license suspensions. 
more about DUI

Unlicensed Driver:  Driving without a license or on a suspended license is harshly prosecuted by the DA's office in West Covina.  The consequences can include high fines, jail time and probation.  Getting your license back is essential to resolving your suspended license case as painlessly as possible.  License suspensions can feel like quicksand and feel impossible to climb out of.  We can help.
more information about suspended license cases

Theft: Being accused of theft can greatly impact your livelihood and your ability to get a job. Los Angeles courts take shoplifting and theft charges very seriously, but an experienced attorney can help to make sure you stay out of jail. Especially if you have a history of theft, you’ll need an attorney to negotiate with the prosecutor in your case. Mitigating circumstances can help reduce your charges, and properly challenging evidence may get your charges reduced or even dismissed.
more information about theft crimes

Drug Cases:  Though California voters passed Proposition 47, making all drug possession cases misdemeanors, a drug case can still be very serious.  Even misdemeanor drug convictions can result in negative immigration consequences.  Additionally, there are serious crimes involving the sale, cultivation, manufacture, or transportation of narcotics.  If you or a loved one is facing drug charges, you need an experienced, knowledgeable, passionate attorney on your side, fighting for you.
more information about drug crimes
more information about serious drug offenses
more information about Prop 47
more information about marijuana and medical marijuana offenses

Probation violations: If you violate probation, the judge may modify or revoke your probation. In worst-case scenarios, the judge can impose the original jail sentence for the crime in which you were originally convicted. A good criminal defense attorney may successfully persuade the judge to impose a jail alternative program or offer reasonable excuses regarding the violation.
more information about probation violations

Vandalism: Vandalism refers to many acts outside of graffiti. In fact, there are several different types of vandalism under California law. An experienced attorney can help argue facts that show you either damaged someone else’s property by accident or were falsely accused. It’s important to retain an attorney who understands California’s vandalism laws in order to get your charges reduced or dismissed.  Vandalism is common in cases of intentional damage to private property including:  keying a car, breaking a window, breaking a door, etc.
more information about vandalism cases

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN DUARTE, MONROVIA, WEST COVINA, BALDWIN PARK, IRWINDALE, OR ANYWHERE ELSE IN LOS ANGELES COUNTY, CONTACT OUR FIRM NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.
213.375.3775

Although technological advancements have brought significant benefits to our lives, they have also generated new crimes that are now addressed in the Penal Code as the California Comprehensive Computer Data Access and Fraud Act. Cyber crime may not sound serious because it is not generally violent in nature, but it can wreak havoc on victims' lives - and for that reason, California imposes stringent punishments on those who are convicted of internet fraud and related cyber crimes. In fact, PC 502, which addresses cyber crimes, specifically notes that the Legislature recognizes the proliferation of computer crime as a result of rapid technological advancements.

The statute seeks to protect individuals, businesses, governmental agencies, and the integrity of all types of lawfully created computers, computer systems, and computer data. PC 502 sets out violations that are subject to a PC 502 charge. In addition, they all must be committed knowingly and without permission - there also must be proof of damage or loss. Violations under certain parts of the Act are punishable with up to a $10,000 fine and up to 3 years in prison.  These offenses are punished harshly in Los Angeles.

The violations range from your typical identity fraud-type cases, to more specific violations, such as disrupting public safety infrastructures in computer systems or using internet domain names of others to send emails containing viruses. Here are some of the main provisions of the Act:

Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (a) devise or execute any scheme or artifice to defraud, deceive, or extort, or (b) wrongfully control or obtain money, property, or data.

Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.

Knowingly and without permission uses or causes to be used any computer services.

Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a
 computer, computer system, or computer network.

Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system or computer network.

Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.

Knowingly and without permission accesses or causes to be accessed any computer, computer system or computer network.

Knowingly introduces any computer contaminant to any computer, computer system, or computer network.

Knowingly and without permission, uses the internet domain name of another individual, corporation, or entity in connection with the sending of more or more electronic mail messages, and thereby damages or causes damage to a computer, computer system or computer network

In People v. Tillotson, a California Court of Appeals ruled that, in order to be convicted of a PC 502(c)(1) violation, 3 elements must be proven: (1) the defendant knowingly accesses a computer system; and (2) the defendant without permission alters, damages, deletes, destroys, or otherwise uses data obtained from such access; and (3) the defendant alters, damages, deletes, destroys or otherwise uses the data obtained from such access for either the purpose of devising or executing a scheme or artifice to defraud, deceive, or extort, or for the purpose of wrongfully controlling or obtaining money, property, or data. In Tillotson, a jury instruction omitted the second prong, and the court found this was not harmless error.

This is an important distinction. A violation of PC 502(c)(1) means that the defendant actually used the unlawful access to satisfy the third prong of the offense. However, the defendant in Tillotson actually violated (c)(3) of PC 502, which is a lesser offense. A violation of Subsection (c)(1) carries a punishment of up to $10,000 and/or imprisonment of 16 months to 3 years. However, a violation of Subsection (c)(3) carries a punishment of a fine not exceeding $1,000 for a first violation not resulting in injury. The punishment increases as the victim's expenditure as a result of the crime increases. For this reason, it is important to hire an attorney that understands the nuances of the California Comprehensive Computer Data Access and Fraud Act.

Additionally, hacking and other cyber crimes are often handled by federal agencies and filed in Federal Court.
More on Federal Criminal Defense in Los Angeles

KNOWINGLY BRINGING DRUGS OR OTHER CONTRABAND INTO A JAIL OR PRISON IS A SERIOUS OFFENSE IN CALIFORNIA.  IT IS A PERMANENT FELONY (CAN NEVER BE REDUCED TO A MISDEMEANOR).  IF YOU OR A LOVED ONE IS FACING A PC 4573 CHARGE, CALL NOW FOR A FREE CONSULTATION.  818-646-8788.

Smuggling contraband into a California jail or prison is classified as a felony under PC 4573, and this also includes bringing contraband within the grounds belonging to the institution (not just inside of it). Prohibited items include: any of the several items listed as a controlled substance under Health and Safety Code Section 11054, any device, contrivance, instrument, or paraphernalia intended for unlawful use (injecting or consuming). If convicted of bringing drugs onto an institution's property, you will face 2 to 4 years of imprisonment. It is important to note that this felony can never be reduced to a misdemeanor.

Section 4573 also applies to arrestees who knowingly bring contraband subsequent to their arrest. For example, if you are arrested for a domestic dispute and you bring contraband into the institution with you when you are booked, it is a Section 4573 violation. The "knowingly" prong is satisfied even if you forgot that you had contraband on you, because jails and prisons are required by the Penal Code to post signs regarding the contraband prohibitions. The presence of the signs before entering the premises satisfies the knowledge (or mens rea) element of this charge. This charge still carries up to a 4-year imprisonment and is not eligible for treatment options like drug diversion to lessen the sentence.

Controlled Substances
Penal Code Section 4573.6 prohibits knowingly bringing any controlled substance into a jail or prison.  This charge can present itself in a number of different ways.  Visitors may attempt to bring drugs to give to an inmate, inmates surrendering to jail can attempt to hide drugs in their person, and those who happen to be arrested and possess drugs at the same time can be charged with knowingly bringing drugs into a jail or prison.

Cell Phones
Although contraband has always been an issue in jails and prisons, one of the newest concerns is contraband cell phones. Visitor penalties for smuggling in a cell phone include fines of up to $5,000 per device and up to 6 months in county jail.  Inmates found in possession of cell phones can be convicted of new crimes, denied parole and lose other privileges.

Obscene and Security-Threat Group Materials
In 2013, the California Court of Appeals ruled that a prisoner was allowed to keep a book that contained sexually explicit content. The California Department of Corrections and Rehabilitation (CDCR) soon thereafter amended the contraband rules. Under the new rules, the definition of contraband is broadened to include written materials or photographs that indicate an association with validated security-threat group members and associates and obscene material. The amended subsection prohibits inmates from possessing obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. This includes catalogs, brochures, and other materials. The standard will be that of an average person applying contemporary standards. As a whole, if the material depicts sexual conduct and lacks serious literary, artistic, political, or scientific value, it is considered obscene. While this category of contraband is primarily a problem within the jails and prisons, visitors who bring this type of contraband may also be subject to criminal charges.

Fourth Amendment Implications
The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures by the government. While prison officials are able to submit visitors to a variety of searches for the purpose of preventing contraband, the goal of institutional security must be balanced with the visitor's rights. For example, a routine pat down prior to entering a jail or prison is deemed reasonable. However, there generally must be reasonable suspicion for the prison official to broaden the scope of the search. Courts have ruled that strip-searching visitors is rarely justified. In fact, officials must demonstrate there is a clear indication they will find evidence. Although there are general guidelines for what is an acceptable search for prison and jail visitors, the appropriate protocol can vary greatly depending on the facts of each case. Like many other areas in criminal law, the broad rules give way to narrow exceptions and balancing tests.

Fifth Amendment Implications
When someone is booked in jail, they are asked a series of booking questions, including whether they have any drugs or weapons on them.  If a search later reveals drugs or other contraband, the defendant is often charged with a felony.  This practice violates the Fifth Amendment, but California courts allow it, unfortunately.  We have a right against self-incrimination.  If, while being booked, a person is asked whether they have any drugs on them, they should not be compelled to answer.  With the unfortunate state of this law today, it is vital to have a passionate, dedicated, knowledgeable criminal defense attorney on your side.  Criminal defense attorneys expect to see this law change, especially in light of the passage of Prop 47, making all drug possession misdemeanor.  So while possession of a drug for personal use is a misdemeanor, being arrested while possessing drugs and not disclosing that to the arresting officer becomes a felony.  This is outrageous.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH BRINGING DRUGS OR OTHER CONTRABAND INTO A JAIL OR PRISON, YOU NEED A DEDICATED, AGGRESSIVE DEFENSE ATTORNEY TO HELP YOU FIGHT THESE CHARGES.  THERE MAY BE SEARCH AND SEIZURE ISSUES OR OTHER DEFICIENCIES IN THE GOVERNMENT'S CASE AGAINST YOU.  CALL NOW FOR A FREE CONSULTATION.  213-375-3775.

OTHER PRACTICE AREAS:
DRUG CRIMES | DUI | DUI CAUSING INJURY | DUI W/ PRIOR | FELONY DUI | VIOLENT CRIMES | THEFT CRIMES 
 PROSTITUTION/SOLICITATION | WEAPONS OFFENSES | SEX CRIMES | HOMICIDE | DOMESTIC VIOLENCE  
JUVENILE OFFENSES | PROBATION VIOLATIONS | FELONY |MISDEMEANOR | MARIJUANA | DUI DRUGS
GANG CASES | VANDALISM | EXPUNGEMENT | APPEALS | CIVIL RIGHTS | THREE STRIKES | INFRACTION (TRAFFIC)
UNLICENSED DRIVER/SUSPENDED LICENSE | SALE, TRANSPORT, CULTIVATION & MANUFACTURE OF DRUGS
ILLEGAL FIREWORKS | JURY TRIALS | WATSON MURDER | FINANCIAL CRIMES | FEDERAL CRIMINAL DEFENSE
ATTEMPTED MURDER | CONSPIRACY | CARJACKING & GRAND THEFT AUTO | CHILD SEX CRIMES | HIT & RUN
STALKING & HARASSMENT | RESISTING & EVADING | OBSTRUCTION, PERJURY & DISSUADING A WITNESS
ARSON | CHILD ENDANGERMENT & ABUSE | FRAUD | FORGERY | OPERATING A "CHOP SHOP" | PIMPING
FILING A FALSE REPORT | EXTORTION & BLACKMAIL | COUNTERFEITING | KIDNAPPING | ILLEGAL GAMBLING
UNIVERSITY DISCIPLINARY PROCEEDINGS | ASSET FORFEITURE | RESTRAINING AND PROTECTIVE ORDERS
ROBBERY | BURGLARY | STAT. RAPE & RAPE | ASSAULT W/ A DEADLY WEAPON & AGGRAVATED ASSAULT

FELON IN POSSESSION OF A FIREARM AND FELON IN POSSESSION OF AMMUNITION ARE VERY COMMON AND VERY SERIOUS CHARGES IN LOS ANGELES COUNTY.  IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH HAVING A FIREARM WHILE PROHIBITED DUE TO A FELONY CONVICTION, CERTAIN MISDEMEANOR CONVICTIONS, PROBATION STATUS OR PROTECTIVE/RESTRAINING ORDER, YOU NEED A DILIGENT, AGGRESSIVE LAWYER ON YOUR SIDE TO FIGHT FOR YOU.  ENHANCEMENTS FOR PROBATION VIOLATIONS AND PRIOR CONVICTIONS CAN LEAD TO LONG PRISON TERMS.  IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A FIREARM OFFENSE, CONTACT OUR OFFICE NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY.  213-375-3775.

SEARCH AND SEIZURE ISSUES ARE AT THE CORE OF A GOOD DEFENSE IN THESE CASES
if your rights were violated when the firearm or ammunition found in your possession were violated, it may be possible to get the evidence thrown out and the case dismissed.  A motion to suppress evidence is filed in cases where a search violates the Fourth Amendment. (more about motions to suppress).  Other defenses can include: lack of knowledge, false accusations, it was not a real gun, not actually in possession, not actually prohibited, not noticed of prohibition and more.

SEARCH AND SEIZURE ISSUES: 
Stop & Frisk & Search of Persons
What constitutes a search?
Consent Searches
Search of Vehicles and Effects
How to Suppress Evidence

Once you’ve been convicted of a felony, you have a lifetime prohibition from possessing a firearm, and California uses harsh punishments to deter these violations. A violation of one of California’s gun laws can have serious consequences, and even a mandatory sentence in state prison. Here is a breakdown of California’s gun laws relating to those who are ineligible to possess firearms, the regulation of ammunition, and the accompanying punishments under the California Penal Code.

PC 29800 – Felon in Possession of a Firearm
Under this section, there are three categories of people who are not allowed to own or acquire firearms: (1) convicted felons; (2) those convicted of particular misdemeanors; and (3) narcotic drug addicts. A narcotic drug addict is defined as someone who is emotionally and physically dependent on a narcotic drug and has increased tolerance to it. The third category here would be the hardest for the prosecution to prove, since there is no bright line distinction for “addiction,” as there is for the conviction categories. If the prosecutor can prove that you fall within one of these three categories, the state must then prove: (1) that you owned, purchased, received, or possessed a gun; and (2) that you knew of the presence of the gun.

A violation of PC 29800 includes a sentence of up to 16 months or 2-3 years in county jail and/or up to a $10,000 fine, probation or parole, and temporary loss of your search and seizure rights.

California also highly regulates various aspects of ammunition, including: its sale and transfer, people prohibited from possessing it, minimum ages for possession, ammunition at gun shows, and other dangerous ammunition the state has deemed “unreasonable.” California deems unreasonable any ammunition designed primarily to penetrate metal or armor.

PC 30305 - Felons in Possession of Ammunition
Under PC 30305, anyone prohibited from owning or possessing a firearm may not possess or have under custody or control any ammunition or loaded ammunition. If the court finds that you are in violation of PC 30305, it is punishable by imprisonment in county jail or state prison up to one year and/or a fine up to $1,000.

PC 30300 – Minors and Ammunition
Under this section, any person, corporation, or dealer will be charged if they: (1) sell any ammunition (or reloaded ammunition) to anyone under the age of 18; (2) sell ammunition (or reloaded ammunition) designed and intended for use in a handgun to anyone under the age of 21; or (3) supplies, delivers, or gives possession of any ammunition to any minor the dealer knows (or reasonably should know) is prohibited from possessing it at that time.

Note that section 2 has a carve-out. Where the ammunition is suited for both a handgun and a rifle, it can be sold to someone at least 18, but under 21 – as long as the dealer reasonably believes the ammunition is being acquired for use in a rifle, and not a handgun. Section 30300 also provides that proof the person, corporation, or dealer (or their agent or employee) demanded, was shown, and acted in reasonable reliance upon bona fide evidence of majority and identity is a defense to any criminal prosecution arising under this section. This means that if, prior to selling the ammunition, you ask for ID and reasonably rely that the purchaser does not fall under one of the 30300 prohibitions, you may use that as a defense upon conviction under this section of the California Penal Code.

Note that the prohibitions on firearm ownership and ammunition somewhat overlap. If you are within the class of people prohibited from owning or possessing a firearm and you are caught with custody or control of any ammunition or reloaded ammunition, the offense is punishable with up to a year in county jail or state prison, and up to a $1,000 fine.

Additional Ammunition Regulations
Under California law, if you are not law enforcement, a handgun ammunition vendor, a licensed firearms dealer, an importer, a manufacturer, or a collector, you may only deliver or transfer handgun ammunition in a face-to-face transaction, and you must require that the purchaser provide photo identification. In addition, California prohibits anyone from supplying ammunition to someone he or she knows (or reasonably should know) is prohibited from possessing ammunition. Those prohibited from possessing ammunition may include: members of criminal street gangs, those convicted of a felony (or pending felony charges), certain misdemeanors, those who have been detained for mental health issues, and those with restraining orders issued against them.

CALIFORNIA GUN AND WEAPON OFFENSES
RESTORE YOUR GUN RIGHTS

IF YOU HAVE ANY ADDITIONAL QUESTIONS ABOUT YOUR CHARGES AND OR DEFENSES, CONTACT A LOS ANGELES CRIMINAL DEFENSE ATTORNEY NOW FOR A FREE CONSULTATION.  213-375-3775.

By LAUREN NORIEGA