It is absolutely natural to want to reassure friends and family members that you’re innocent after you’ve been arrested. Unfortunately, doing so can be a big legal mistake.  It turns out anything you say to your family members and friends, or on social media, can still be used against you.  The Prosecution Can Force Friends and Family Members to Testify While you can communicate with your therapist, your doctor, your confessor, your lawyer, or your spouse in a privileged way, the same isn’t true for all of your family members or friends. The moment you tell them anything, they become ..read more

In California, sentences are enhanced and become more serious any time any criminal activity can be proven to be proven to be gang activity as well. It’s important to understand how the law might define gang activity in Los Angeles. Gang activity is covered by the Street Terrorism Enforcement and Prevention (STEP) Act. It defines a gang as an organization of three or more people with a common name, identifying mark, or symbol that carry out crimes listed in the act as one of its primary activities. The members may engage in this activity either individually or collectively. Crimes listed by th ..read more

Some warrants cannot simply be “cleared.” If you’re a suspect in a felony case, for example, and police have a warrant out for your arrest, then chances are that warrant is not going away until you are apprehended, and the charges are dealt with.  Nevertheless, there are exceptions. Warrants may be withdrawn if prosecutors and police officers determine that they do not have sufficient evidence that a crime has been committed. Your attorney can sometimes make the argument to the prosecution that your arrest warrant should be withdrawn, sometimes even before an arrest happens, as long as th ..read more

As the holiday shopping season is in full swing, we thought we might take a moment to discuss shoplifting laws. It’s more than possible to accidentally make a move that gets you accused of shoplifting, especially in the era of self-checkouts.  And right now, shopkeepers are on high alert as US retail theft is said to be soaring. Major retail brands are even threatening to close stores over rampant retail theft.  In California, shopkeepers do have a right to detain a customer if they have probable cause to believe that person is guilty of shoplifting.  Rules of Detainment  T ..read more

In California, verbal abuse can sometimes be charged as a crime. While the law doesn’t cover every single instance of true emotional abuse, it does cover some specific types of emotional abuse.  The way the law handles emotional abuse changes depending whether we’re talking about an adult victim or a child victim.  Emotional Damage to a Child California’s Child Abuse and Neglect Reporting Act (CANRA) does not require mandated reporters to make a report even when they suspect a child is suffering from “serious emotional damage.” Nevertheless this type of behavior does offer grounds fo ..read more

The 10-20-Life law refers to laws which allow judges to enhance your sentence in a felony case if it is found that you used a firearm during the course of committing that crime. You may also hear it referred to as the “use a gun and you’re done” law.  The numbers refer to the number of years that may be added to any sentence in these cases: 10 years, 20 years, or 25-years-to-life.  This law is covered under California Penal Code section 12022.53. Strangely, often the very people it was meant to deter don’t usually know about the law until they’re already facing charges.  The num ..read more

Carjacking has been in the news lately thanks to a Los Angeles landscaper who had their pick up truck stolen during a police chase. While most of these cases don’t generate as much news as the landscape case did, it’s still a very common occurrence in the city of Los Angeles.  If you’re being charged with the crime of carjacking then you’re being accused of stealing a motor vehicle through the use of “force or fear.” That is, you threatened or assaulted the driver to get control of the car. The victim may be a driver or a passenger. The penalty for this crime is up to 9 years in state pri ..read more

Breathalyzer test results are one of the most common pieces of evidence used in a Los Angeles DWI case, but they aren’t foolproof. You might not be guilty, and a competent defense lawyer can often help you fight these test results.  One court even recently tossed every breath case in Washington state when four judges signed an opinion finding that the Washington State Patrol laboratory in charge of the machines knew for years that the software used by the machine did not adhere to state law. One department even used a machine that had rats nesting in it.  Remember, breathalyzer tests ..read more

90% to 95% of cases are plea bargained in Los Angeles County. There are quite a few reasons for this, though one of them is that overburdened public defenders tend to push plea bargains through rather than taking cases all the way to trial.   Another reason is that prosecutors tend to try to coerce people into plea bargains by threatening to push for the absolute highest level of sentencing if people exercise their right to a trial. In some cases LA trials are anything but speedy, and people who are accused of crimes spend a great deal of time in prison before they’re ever convicted ..read more

What should you do if a loved one is accused of a crime? While you may feel shocked, horrified, and afraid, there are quite a few steps you can take at this grim time. Help Your Loved One Find a Lawyer Some defendants are too shocked and horrified themselves to ask for a lawyer or are too overwhelmed to find one.  Police often use a variety of psychological tricks to manipulate suspects into waiving their rights. They’re often aided and abetted by copaganda television shows which try to convince people that talking to the police is in their best interests. In addition, the police often ma ..read more