The criminal justice system in California normally requires an arrestee to post bail with the court in order to get released from custody. The primary purpose of requiring bail is to make sure the defendant will appear for their court appearances. How and when a defendant can post bail after get...
Our Los Angeles criminal defense law firm is frequently asked by defendants whether they should accept a plea bargain that was offered by the prosecutor. The correct response to this question is that it's rarely a simple answer because it will always depend on a wide range of different factors. ...
A subpoena in a California criminal case is a court-issued order requiring a person to appear in court to testify or to produce documents and other evidence. Both prosecutors and criminal defense attorneys have the legal authority to issue subpoenas when voluntary cooperation is not possible...
Prescription drug addiction is a major issue in California and a lot of drug addicts will do almost anything to get their prescription pills. It's not uncommon for some to make a counterfeit prescription pad in an attempt to trick a pharmacist to fill a prescription for their controlled substance...
Victim restitution is a mandatory part of most California criminal sentences when a victim suffers financial, physical, or economic loss. If you are convicted of a misdemeanor or felony offense, the court will typically order you to repay the victim for their losses as a condition of probation or parole....
Under California law, domestic violence charges encompass a broad range of criminal offenses involving actual physical force, attempted force, or credible threats made against an intimate partner or family member. Because many domestic violence offenses are classified as "wobblers"—crimes...
Getting charged with a domestic violence related crime doesn't always involve the use of physical force. Under California Penal Code 422, it's a crime to make criminal threats against a victim and these frequently include a spouse, cohabitant, family member, or co-parent. Penal Code 422 prohibits...
Domestic violence charges in California can be filed as either misdemeanors or felonies. The difference between the two significantly affects potential jail time, probation terms, fines, immigration consequences, firearm rights, and the long-term impact on the criminal record. Many domestic violence...
Being arrested for a crime you did not commit can have lasting consequences, even if the case is dismissed or you are acquitted. An arrest record can appear on background checks, affect employment, harm professional licensing, and create long-term reputational damage. California Penal...
California Penal Code 1018 allows a defendant to withdraw a guilty or no-contest plea if there is “good cause.” This law recognizes that not every plea is entered knowingly, intelligently, and voluntarily. If a motion to withdraw a plea is granted, the case returns to the stage before the plea was...
California has some of the strongest privacy protections in the country. Recording private conversations, distributing intimate images, hacking electronic devices, or engaging in unauthorized surveillance can result in both criminal prosecution and civil lawsuits. If you are accused of violating...
California Penal Code 17(b) allows certain felony convictions to be reduced to misdemeanors. If you were convicted of a “wobbler” offense, you may be eligible to petition the court to reclassify your felony. A successful Penal Code 17(b) motion can significantly improve employment opportunities...
California Penal Code Sections 664 and 21(a) are the statutes that descried attempted crimes. In other words, attempting to commit a crime is itself a crime, and a separate offense that can be charged on its own. This means if you attempt to commit a crime, but are unsuccessful in completing it, ...
California law allows individuals to use reasonable force to protect themselves or others from imminent harm. If you acted in lawful self-defense, you cannot be convicted of a violent crime, including assault, battery, or even homicide. Self-defense is one of the most powerful legal defenses...
In California State criminal cases, pretrial motion practice is a crucial factor in an effective defense strategy. Clearly, any appropriate pretrial motions to be heard by the criminal court will always depend on the facts, circumstances, and allegations in the case. There are specific categories...
In felony criminal cases in in Los Angeles County, you will have a guaranteed legal right to have a preliminary hearing. This is when the prosecutor must prove there is sufficient evidence supporting that you committed a crime. The primary function of a preliminary hearing is for the court to dec...
Once you are charged with a crime, you have certain legal rights make sure of fair criminal proceedings and for an opportunity to defend yourself against the charges. Part of the fair proceedings is right to a court arraignment within a reasonable amount of time – usually 48 hours. At the arraign...
California Penal Code 29800 makes it a felony for certain individuals, including convicted felons, to own, possess, purchase, or have access to a firearm. A conviction under this statute can result in years in custody, significant fines, and permanent firearm restrictions. If you are accused of being...
Most California criminal courts seek ways to relieve overcrowding in jails while maintaining control of criminal behavior. For example, Los Angeles County criminal courts offer a wide range of alternative sentencing options for some people – rather than incarceration – while they attempt to ensu...
Under California Penal Code 1203.3, a judge has the legal authority to terminate probation early, but it will only be granted If you can show the court “good cause” – meaning you have to show the court good reasons for early termination. If you are seeking an early termination of probation, call ...
A crime involving moral turpitude is described as an offense of serious dishonesty, fraud, or conduct that would shock a reasonable person. The distinction is often important for a defendant who is attempting to decide whether to accept a plea bargain, or take their case to trial. This is especia...
California Penal Code 12022.7 describes a great bodily injury enhancement which means if you are convicted of a felony crime, you could face additional punishment. It should be noted the prosecutor must allege a sentencing enhancement, which typically occurs in a situation where you are accused o...
We have represented many clients who were charged with drug trafficking or drug sales case in Los Angeles County Criminal Courts. These type of serious felony drug crime charges will often depend on the quantity and type of drugs involved in the case. If convicted, you could be facing a significa...
Domestic violence is one of the most common crimes in Los Angeles County. In many DV cases, the alleged victim and suspect are involved in a marital or dating relationship living in the same home. Domestic violence incidents often begin with a simple verbal argument over a wide range of issues, b...
The internet enables anyone to communicate with others with anonymity. Many use various websites, chat rooms, and even social media to view sexually explicit material and attempt to locate a sexual partner. Obviously, this type of behavior is legal when it involves consenting adults, but some man...
Cron, Israels & Stark is committed to answering your questions about All Misdemeanor and Felony Crime law issues in Santa Monica and Los Angeles, California.
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