Felony charges are serious no matter which state you reside in or which state you are in when you are charged with a felony. There are many questions that a person who has pending felony charges may want to ask.
Questions about traveling out of the state and traveling if the felony charges occur in one state, but you reside in another state are some common situations for felony defendants who have charges pending against their face.
The legal implications of leaving the state with a pending felony charge against you depend on several factors. If you are a person who traveled from your home state across state lines for a championship game or traveled to another state while on vacation, committed a crime there, and then returned to your home state immediately afterward, you may not know right away that you have pending felony charges.
If you reside in a state and are arrested, you need to know the legal implications if you leave the state. Do not leave the state once you are charged with a crime without express permission from the court that has jurisdiction over your case. Your bail conditions also factor in questions about leaving the state.
Once you know about the felony charge, you must comply with all court orders. Although courts usually allow criminal defendants to travel if they have certain misdemeanors pending, the situation is different for anyone charged with a crime that is a felony offense. This is true even if you commit one crime that is a misdemeanor and another crime that is a felony.
There are serious potential consequences for people crossing state lines to avoid appearing in court on pending felony charge or charges. The consequences will likely vary according to the state where you are charged with a crime and the specific felony crime.
A judge with the court that has jurisdiction can order a bench warrant for your arrest or can issue an order for your extradition to face the felony charges.
Felonies are serious crimes that can result in a defendant spending many years or even a lifetime in prison upon conviction. Felony convictions can seriously affect your future employment and other future aspects.
If you are under investigation but unaware of it, you may not know immediately that the court indicted you on felony charges. This is especially true for out-of-state defendants who returned to their home state after allegedly committing a felony.
Courts often place travel restrictions on a defendant charged with a felony, even if they have a misdemeanor offense which would usually not affect their ability to travel.
Criminal defense attorneys with experience representing defendants charged with felonies know to explain the nature of the felony charges and the rules governing leaving the state with pending felony charges.
Although there may be travel restrictions placed on a defendant with any pending felony, there are some common types of felony offenses for which the court orders the person not to travel to other states. Courts may order the arrest of anyone who leaves the state violating a court order.
Drug crimes are serious crimes often punishable by law with penalties such as paying hefty fines and spending up to several decades in prison. Drug trafficking is one of the most serious offenses.
Some similar crimes that are often a part of crimes involving drugs include money laundering, drug possession, manufacturing or cultivating drugs, and distribution of drugs. If you face prosecution for felony drug crimes, the court will unlikely let you leave the state.
Theft is not always a petty offense prosecuted as a misdemeanor charge. The states vary in their laws regarding felony theft.
One example is that according to the Ohio Revised Codes, felony theft is “If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars.”
California, on the other hand, defines felony grand theft in California Penal Code 487(a) as “When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950).” Several conditions meet the definition of felony theft in California, such as shoplifting an item that has a $1,000 price tag, stealing valuables worth more than $950 during a home invasion or burglary, and stealing an automobile or a firearm.
A felony theft conviction can affect employment prospects, housing opportunities, and other opportunities when an employer, landlord, or business checks your criminal record.
Felony cases involving sex crimes are serious offenses that may result in the alleged offender being unable to leave the state, even if they live with family in another state. A person who is arrested by the police or other law enforcement officers for some sex crimes may lead the court to order the defendant to remain in the state pending the trial's outcome, regardless of whether they post bail money to get out of jail.
Some felony sex crimes often include child pornography, forcible rape, committing sexual acts with a minor, and sexual assault.
Any crime that includes an element of violence may be considered a violent crime that carries significant penalties. A judge often orders defendants to remain in the state where the alleged violent crime occurred until after the conclusion of the trial.
Some examples of felony violent crimes include murder, rape, mayhem, and armed robbery.
An individual guilty of a violent sex crime may spend many years in prison. Most states will not take it lightly if someone facing felony sex offenses leaves the state to avoid prosecution.
Judges usually can consider pre-trial release once you appear in court after you pay your bail money. Whether the judge does that is based on several circumstances. The court will likely consider whether you reside in the state but are considered a flight risk if you have a prior felony criminal record and the severity of the current felony charges.
If you cannot post bail or your bail is denied, you will likely await your trial at least until your next court date.
Your immigration status may carry considerable weight when you are charged with a felony offense. The prosecutor may fight your release from custody, or your ability to travel if you are not a legal American citizen or an immigrant considered a flight risk.
A local attorney can help someone facing issues with their immigration status understand the charges against them.
It is important to understand what you can and cannot do if you are facing pending criminal charges. Although you are usually free to travel if you have pending misdemeanor charges, there may be some restrictions. Do you have a prior criminal record? Are you charged with a felony committed at the same time as the misdemeanor charge?
If you are facing felony charges, you are likely unable to travel outside the state. Courts may not rule in your favor to travel even if you live in another state.
Are you on parole? Regardless of whether you can travel while facing the misdemeanor, it would help if you still abide by your parole conditions. California parole conditions require that parolees obtain permission from their parole officer before traveling more than 50 miles from their home. Parolees must get permission and a travel pass to travel outside the state.
Violating travel restrictions when you have pending felony charges is a serious matter. If you do not appear for any criminal proceedings because you left the state, the court may issue a bench warrant for your arrest.
The judge will likely take further action against any defendant violating travel restrictions. You are likely to be deported back to the state where you face the charges and ordered held for trial. Sex offenders who fail to register and flee the state and people who commit other certain crimes may face a new charge if they violate travel restrictions.
You need an experienced, compassionate criminal defense attorney to guide you through understanding the charges against you. Your criminal defense attorney will prepare a solid defense strategy.
Contact Hurwitz Law Group today at (323) 747-7484 or online to schedule your free initial consultation.
People often have questions regarding felony charges and their ability to travel when facing a felony charge.
Many acts of violence are considered felony acts. Examples of acts of violence that are usually felonies include murder, rape, attempted murder, or attempted rape. Other examples include certain sex and certain drug crimes, such as drug trafficking.
Any crime that depicts an element of violence that is considered dangerous to society may be an act that is regarded as a felony charge.
You must remain in the state where you have the pending felony charge until the court allows you to leave the state. Some courts require that the accused remain in the state until the conclusion of the trial and the person is found innocent, at which time they may leave the state.
A person found guilty will have their punishment imposed after the trial and serve their sentence where they committed the felony, not the state where they reside.
The complainant may drop felony charges under certain circumstances. If the prosecutor does not have enough evidence to prove the person guilty at trial, they may drop the felony charges. If evidence taken at the scene proves that someone else other than the defendant committed the crime or if someone else confesses to the crime, the state may drop the felony charges.
Judges look at several factors when setting bail for a defendant. Courts may charge a higher bail amount for a defendant who lives out of state.
The court still refunds bail for people who live far away as long as they appear at their scheduled hearings. The court keeps the bail money and issues a bench warrant for someone who fails to appear even if they reside in the same state.
One example is if a person faces a driving under the influence charge in one state but the person lives in another state. If the person fails to appear on the drunk driving charge and does not hire an attorney to represent them in court, the court forfeits the bail and may issue a bench warrant for that individual's arrest.
Yes, you may be held in jail for an out-of-state arrest on serious charges if a bench warrant was issued because you failed to appear or if you face serious charges.
Are you facing a drug possession charge and want to know how to get the drug possession charge dropped? Are you worried about the impact of having a drug possession case on your professional and personal life?
Having drug possession charges on your record has a lasting impact. It can prevent you from getting your dream job, getting into the school you want to attend, or being approved for renting a home or an apartment.
You must contact a criminal defense attorney many people trust as their drug possession lawyer. Contacting a drug crime attorney can get the drug possession charge dismissed is crucial if you want to have your lawyer fight for you and protect your rights.
A common way to get charged with drug possession is when a law enforcement officer pulls you over for a traffic violation and discovers that you own an illegal drug or a controlled substance.
Another scenario is when someone calls the police on you, and the responding police officer finds drugs on your person. You get arrested, read your rights, and booked into the local jail. You have an arraignment, and bail is set for you.
When you get a drug possession charge, it may be classified as a misdemeanor possession charge or a felony drug charge. Whether you are charged with misdemeanor or felony drug charges, you need an experienced defense attorney.
If the police did not read my rights am I under arrest? This question arises in many cases and is crucial to understanding how Miranda rights affect your legal protections during an arrest. Knowing whether you were under arrest is an important part of evaluating your case and determining the validity of any evidence obtained.
The drug defense attorney can answer your questions about how to get drug possession charges dropped from your record. The penalty for drug crimes can be serious, depending on the nature of the drug charge.
Drug crimes are violations of the law that are related to drugs. It can include illegal possession, drug possession for sale, manufacturing an illegal drug or controlled substance, or drug trafficking charges.
A drug crime in California is likely to consist of more statutes and violations than many people are likely to realize until they get arrested for charges related to possessing illegal drugs.
Did you know that you may be charged with a drug crime in some cases, even if you are found with drugs for which you have a valid prescription? Law enforcement officers often include possession of drug paraphernalia charges when they charge someone violating drug laws.
California has different drug laws for each type of drug crime. The state has a variety of established regulations for drug possession charges.
Possession of marijuana is one of the most common drug charges. You can legally possess up to one ounce, 28.5 grams of marijuana in California if you are 21 or older, or up to eight ounces of marijuana concentrate for adult use, have a valid physician's recommendation, or have a county-issued medical marijuana identification card.
Several restrictions still make possession illegal. You cannot possess more marijuana than allowed by law or keep or use marijuana on federal lands such as national parks.
Marijuana possession that violates the current law may be a misdemeanor or felony, depending on several factors. You need an attorney with experience getting drug possession charges dropped when you face marijuana possession charges.
Law enforcement officers often include possession of drug paraphernalia charges when they charge someone violating drug laws. Drug paraphernalia is anything used to grow, produce, or manufacture a controlled substance. It includes anything used to prepare, process, package, store, conceal, or consume controlled substances.
Common items that a uniformed police officer or undercover police officer may consider drug paraphernalia include:
The Health and Safety Code governs possession of a controlled substance in California – HSC, CHAPTER 10. Control of Users of Controlled Substances [11550 - 11594], Article 1. A controlled substance is any highly controlled drug because of its high likelihood of causing drug addiction or abuse.
The law lists controlled substances by schedules, classifying them from Schedule I to Schedule V drugs, from the most addictive to the least addictive or dangerous drugs. Possession of a controlled substance may include charges related to marijuana, prescription drugs, dangerous drugs, inhalants, peyote, or narcotic drugs.
Drug possession charges can apply to either actual possession or constructive possession. Actual possession refers to the drug actually being on your person.
Constructive possession is commonly seen when multiple individuals are involved, such as when a police officer pulls over a car, several people are in the car, or when law enforcement is called to a scene where there are multiple people. The drug is not under the person's control, such as in the trunk of a vehicle or somewhere in the home.
A possession-for-sale charge involves someone possessing an illegal substance and intending to sell it. A person charged with possession for sale has a large number of drugs, or many drugs, indicating that they were for sale.
You can still face possession charges for sale even if that was not your intent if the amount of drugs you have meets the threshold.
The illegal manufacture of a controlled substance is illegal and subject to potentially serious charges and penalties under the law. You can face felony charges if you illegally manufacture, produce, or process illegal drugs.
Some common drugs manufactured or produced include:
The prosecutor has the burden of proving that you knowingly possessed the products needed to manufacture the drugs and intended to manufacture the drugs.
Drug trafficking refers to importing, exporting, transporting, or selling a controlled substance. It is a serious drug charge that can result in a person spending time in prison, along with other consequences. It involves a much larger amount of drugs when compared to drug dealing charges.
The consequences often depend on the type of drug and the quantity of the drug that resulted in the charges.
The penalties that you may face for felony drug charges vary according to the specific drug charge and depend on factors such as the type of drug involved, the amount of the drug, previous convictions, and the drug crime laws. The penalties for drug-related charges typically include jail or prison time, probation, and paying fines.
Marijuana possession penalties, for example, are divided into categories, such as the amount of the drug possessed and whether it was for personal use, sale, production, or transport.
Charges related to the illegal manufacturing of drugs can result in spending time in jail, depending on the specific drug involved and any prior offenses.
Your criminal defense lawyer can offer a possible defense to your drug possession charge. You should contact an experienced attorney to help you provide a defense for the drug charge.
The Fourth Amendment of the U.S. Constitution protects people from illegal search and seizure actions. Police or other law enforcement officers cannot enter your home without probable cause and a warrant. They cannot search you without your permission and probable cause.
Any evidence seized during an illegal search or seizure could be inadmissible against you in court.
Law enforcement officers are required to read you your Miranda rights at the time that they arrest you. They must read it in its entirety.
If they fail to do so, this qualifies as a Miranda rights violation. It could result in getting anything you say thrown out.
Entrapment is an affirmative defense to drug charges. The defendant has the burden of proof in an entrapment defense.
Entrapment happens when a police officer or undercover officer sets a person up to commit a crime that the person otherwise would not have committed, except for the officer inducing the person to commit it.
The U.S. Department of Justice explains that entrapment is a "complete defense to a criminal charge" because government agents are not permitted to "originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the government may prosecute" the person.
Your criminal defense attorney may be able to get the drug possession charges dropped if there was entrapment in your case.
The attorney at Hurwitz Law Group, representing you on your drug possession, drug trafficking, or other drug charges, can often get a plea agreement. A plea bargain means that the charges are lowered to a less serious offense, or some charges may be dropped.
Taking a plea bargain often results in more minor fines and less or no jail time. You may get sentenced to a drug treatment program rather than a prison sentence or jail time.
Police may arrest you because they find a substance that looks like an illegal drug. Something that "looks like" a drug is an insufficient evidence for a guilty verdict.
The substance must be tested in a crime lab for analysis. You can likely beat a manufacturing charge if the state fails to prove the substance is illegal.
A lack of possession is a common defense when you say the drugs belonged to someone else. The lack of possession defense often occurs when someone is charged with a drug distribution offense.
A typical example is if you are riding in a car as a passenger or borrow a car, get pulled over, and the police find drugs in the glove compartment, the trunk, or another area of the vehicle. Finding the drugs does not mean that they belong to you. The state must prove that the drugs belonged to you.
Did you get charged with possession because you put a couple of extra pills in your purse so that you did not miss the time that you needed to take your prescribed medication? Perhaps you have a medical marijuana prescription.
If you can prove you have a valid prescription for the drug or drugs in question, ask your attorney how to get drug possession charges dropped.
The state has the burden of proving the details of your drug case, including your knowledge and your intent. If the state cannot prove that you knew the drugs or intended to distribute them, it may result in dropped charges.
The answer is "yes," drug possession charges can be dropped. Still, you need an attorney who knows how to get the charges dropped, how to prove reasonable doubt, and how to show that you had a valid prescription and did not possess an illegal substance.
Contacting Hurwitz Law Group as soon as possible is essential because the sooner we start working on your case, the more time we have to prepare your defense.
At Hurwitz Law Group, we are a compassionate and sympathetic law firm but fight hard for our clients. We are a team of accomplished negotiators who use our talent to get the best possible results for every client.
We are a compassionate and sympathetic law firm, but we fight hard for our clients. We are a team of accomplished negotiators, and we use our talent to get the best possible results for every client.
Call us at (323) 747-7484 to schedule your free, confidential consultation.
Even though it is good news that convictions for drunk driving have dropped significantly during the past few decades, many people still drive under the influence of drugs or alcohol. If you get charged with a DUI in California, you could face revocation of your license.
Many factors will decide whether you lose your license immediately after a DUI arrest, but there is a high likelihood that your license will be suspended at least temporarily.
At Hurwitz Law Group, we can provide a California DUI defense lawyer to protect your rights following a DUI arrest. Learn more about how a California DUI defense attorney can represent you, and give us a call to schedule a case consultation.
Yes, you can save your driver's license after you get charged with a DUI. Remember that you cannot be punished for anything unless you are convicted. Just because you are facing charges doesn't mean your license is going to be taken away, but it does mean that you need to reach out to a California DUI attorney who can help you.
At Hurwitz Law Group, our California DUI lawyer can review the circumstances of your case and work with you to formulate the best possible defense. That way, we can prevent your license from being suspended and get your charges dropped altogether.
You only face a suspension or revocation of your license if you are convicted. You cannot have your license taken away just because you are charged.
If you are pulled over under the suspicion of driving while under the influence, a few steps will happen. If you are driving late at night, there is a higher likelihood that you will get pulled over.
Then, suppose the officer smells alcohol on your breath or has reason to believe you are grossly intoxicated. In that case, the office will ask you questions about where you are coming from, where you are going, and whether you have been drinking.
You can decline to answer these questions, but the officer may ask you to submit to a field sobriety test. In California, you are not required to submit to a field sobriety test, and they are unlikely to help you.
You can also decline if the officer asks for a breath test. These tests are not required by law, which means the officer doesn't need these results to arrest you.
If the officer has reason to believe you are grossly intoxicated, the officer may decide to arrest you automatically. If the police officers decide to arrest you, you should cooperate. The officer may collect blood or urine to test for alcohol. If you refuse these tests at the station, the officer could take your license away.
If you get convicted of a DUI in California, your license will get suspended. The length of the suspension will vary depending on some factors, including the previous offenses you have.
You must contact a Los Angeles DUI defense lawyer as quickly as possible. We can negotiate a more favorable plea agreement even if you are guilty.
Yes, you are allowed to challenge the suspension. In this case, you should work with your Los Angeles DUI defense attorney to file an appeal with the DMV or Superior Court in the county in which you reside. There is no guarantee that your appeal will be granted, but the suspension will be set aside if it is.
Once you have requested an appeal, you must file an administrative review at least 15 days after the hearing officer's decision. While there is no guarantee your appeal will be successful, you may have a greater chance of winning your appeal if you work with a Los Angeles DUI lawyer.
You should view a DMV hearing challenging an administrative license suspension as a court case. Before the hearing, you will work with your Los Angeles DUI attorney to formulate the strongest possible defense.
Some of the steps involved in the hearing include:
The DMV still has the final say regarding what happens, and you will not necessarily have a jury of your peers deciding your fate. That is why you need to put your case in the best position possible to be successful by working with an experienced DUI defense lawyer.
You can raise a few issues that could put your case in a more favorable position. Some of the strategies your DUI defense attorney may use when you go to the DMV for your administrative hearing include:
You only get one chance to convince the DMV to give you your license back, so you need to work with a defense lawyer who can help you formulate the strongest possible defense.
The exact temporary license suspension period will vary depending on the number of offenses on your record. A few general guidelines to remember include:
If you are convicted of a DUI for the first time, your driver's license suspension will last one year.
If you are convicted of a second DUI offense within 10 years, your administrative suspension will last 2 years.
If you are convicted of a third DUI within 10 years, your license will be revoked for 3 years.
If you are convicted of a 4th DUI in 10 years, you may face a four-year license revocation, and you could also have an ignition interlock device placed on your vehicle.
If you find yourself convicted of a DUI, you will almost certainly have your license suspended, regardless of the number of offenses on your criminal record.
In addition, if you have multiple DUI charges, you may have difficulty getting your license back. You will likely be required to attend DUI school, and you must prove that you have successfully completed those classes to get your license reinstated.
You need to request a hearing as soon as you receive a notice indicating that your driving privileges have been suspended due to a DUI. You only have 10 days to file your appeal request, which is why you need to remain in close contact with your Los Angeles DUI defense lawyer.
If you want your chance to get your license reinstated, you must file your notice of appeal as quickly as possible.
For your license to be suspended, the DMV hearing officer will need to prove that the arresting officer had probable cause to pull you over, that the officer had a legal reason to place you under arrest, and that your blood alcohol concentration was 0.08 or greater at the time you were driving.
On the other hand, there are some defenses you can use to derail their case at multiple points. Some of the defenses that your criminal defense attorney may be able to raise include the following:
We can work with you to determine which defense will most likely succeed in your case.
You need to contact a criminal defense lawyer in California as quickly as possible for help keeping your license.
A criminal defense lawyer has intimate knowledge of the justice system and the DMV, and he can use that experience to help you formulate the strongest possible defense. A criminal defense lawyer can also cross-examine the police officer, call witnesses to testify, and formulate a compelling argument to help you keep your license. At the Hurwitz Law Group, we would be honored to represent you.
If you want to keep driving rights following DUI charges, you must count on the Hurwitz Law Group.
We can help you formulate a strong defense in the courtroom and during your DMV hearing. That way, we can help you keep your driving rights.
Give us a call today to schedule a free consultation.
Are you charged with larceny theft or a similar crime? If yes, do you know there is a solution to your problem? This blog post will discuss what larceny-theft is and how it can lead to a conviction and could become a felony charge.
If you are facing a similar situation, contact a premier Los Angeles criminal defense lawyer for your felony charges.
While these are all crimes, knowing their differences is essential to understand how they might affect your life. Let's talk about the most fundamental difference:
Most consider larceny a simple theft involving taking someone else's property without physical force. In California, theft and larceny were previously regarded as different offenses, but recent legislation has combined the two, making larceny only a crime against property (California Penal Code Section 484 PC). Call an experienced Los Angeles larceny lawyer as soon as possible if you find yourself accused of larceny charges.
Theft, or larceny, can take many various forms, including:
Anyone entering a building, vehicle, vessel, or cargo container intending to commit a theft (i.e., petty theft or grand theft) or a felony could get charged with burglary. In California, depending on the circumstances and the defendant's prior history, burglary can be charged as a felony or a misdemeanor.
The first-degree burglary of an inhabited dwelling, sometimes known as "residential burglary," is always charged as a felony. Any other sort of burglary is considered second-degree, sometimes called "commercial burglary."
Robbery is defined as taking "personal property in the custody of another, from his person or immediate presence, and against his will, performed using force or terror," according to California Penal Code 211 PC. Robbery is a felony that carries a maximum 9-year jail sentence. The following are typical examples:
In the legal system, theft is a broad term encompassing some property crimes. There are many kinds of theft, but each is based on one or more of the same basic principles and includes elements such as dishonesty, trespass, or taking property without permission. The most common kinds of theft include identity theft, embezzlement, larceny, and robbery. Each type has different definitions and applications but shares the same core characteristics.
There are several degrees of larceny theft, each with its consequences. Here's a breakdown of the different levels:
Petty theft charges will be filed against you if you take someone else's property without that person's consent and the item is worth less than $950. Larceny, embezzlement, deception, and trickery are all examples of petty theft.
Petty theft is a misdemeanor if you don't have any prior convictions. It is punishable by a maximum $1,000 fine, up to six months in county jail, or both. If the accused had a previous criminal history, the charge could be a felony larceny punishable by up to three years or up to 16 months in jail for a misdemeanor. Ask a Los Angeles, petty theft attorney which circumstances warrant such punishments.
A person commits grand larceny theft when the value of the stolen property exceeds a specific dollar amount. Although the criteria vary significantly between states, they often fall between $500 and $1,000. Grand larceny charges also have much more severe repercussions.
The legal definition of larceny-theft is broad and can include any theft from a person or their property, but some specific examples include:
People take wallets from men's and women's pockets during pocket-picking. It typically occurs in a crowded area, on a public transportation system, or in another setting to conceal the behavior. Theft from someone unconscious, such as someone drunk, must also be included in this category by reporting agencies. However, the crime must be categorized as a strong-arm robbery if the victim experiences maltreatment or if more force than simple jostling is used to overcome the victim's resistance.
It is theft by someone (other than an employee) of products or merchandise exposed for sale.
By definition, shoplifting does not require trespassing or illegal entrance because the perpetrator has legitimate access to the store. Thefts of goods on display outside establishments, including department stores, hardware stores, supermarkets, fruit stands, and gas stations, are included in this category.
Theft of any component or accessory affixed to a motor vehicle's interior or exterior in a way that renders it a part of the vehicle. Also included are the necessary for the operation of the car.
This category includes thefts of:
Law enforcement agencies must only record accessories or parts connected to the vehicle. Reporting agencies must categorize the offense as theft from motor vehicles if the items transported in the car are stolen.
All thefts that do not fall into one of the specified larceny categories listed above. All other larceny-theft encompasses the following offenses:
Petty theft is defined under California Penal Code 484(a) PC as the unlawful taking or stealing of another person's property when the worth of the property is $950.00 or less.
A misdemeanor larceny called "petty theft" is punishable by:
Grand theft, a more severe offense, can be charged when the value of the stolen goods surpasses $950.00. However, regardless of the value, specific categories of items, such as firearms, are classified as grand theft.
Petty theft charges may result from a variety of theft offenses in California. These consist of the following:
Examples are:
The offense of grand theft (as opposed to petty theft) can be charged under Penal Code 487 PC when you unlawfully take:
Grand theft is a "wobbler," which means the authorities can charge it as either:
The maximum term for conviction is three years in prison.
Only the less serious offense of petty theft may be charged where the value of the stolen property is less than $950.00.
In California, certain behaviors may result in accusations of grand theft. Examples are:
Grand theft accusations in California are usually by shoplifting from a high-end retailer.
With Hurwitz Law Group, you may be able to defeat grand theft charges. We will also help you understand the legislation.
Getting arrested for larceny theft is a grave matter. You may end up with a criminal record which could affect your future job prospects, not to mention your freedom.
Also, fighting the charges can be equally stressful and requires time and money. The stakes are high, and nothing is guaranteed in a court of law, so getting help from our experienced criminal defense attorney is better.
Schedule a consultation with us for your case today! Hurwitz Law Group is a highly experienced criminal defense firm. Our lawyers can help you figure out the next steps for your case in the most successful way possible. Call us at (323) 747-7484. Alternatively, use our simple contact form to schedule your consultation with an experienced criminal defense attorney.
Being charged with child endangerment is a parent's nightmare. It can also cause severe damage to your reputation and finances. All these from a mistake?
An experienced criminal defense attorney can help you minimize the damage. You have much at stake, and a law firm will tirelessly protect your rights and get your child endangerment charges dropped. Read on to find out how to settle your child endangerment charge in this blog.
In California, child endangerment crime is the willful exposure of a child under 18 to unjustified pain, suffering, or danger under Penal Code 273a(a) PC. In other words, even if the child never experiences physical hurt, endangerment occurs when an unreasonable risk of harm befalls the child.
Examples of actions that could result in child endangerment charges include:
Some states punish "child endangerment" as a form of "child abuse," while others treat it as a distinct crime. However, it shouldn't be confused with California's Child Abuse Law, Penal Code 273d.
If you get convicted of a felony count of child endangerment under CPC 273a(a), you may face the following penalties:
However, if you find yourself convicted of a misdemeanor count, you may face the following child endangerment penalties:
Section 273a(a) is a "wobbler" offense. It is because you can get convicted of a misdemeanor or felony, depending on the facts of your case.
As previously noted, a felony conviction can result in six (6) years in state jail or a $10,000 fine.
A misdemeanor conviction can result in up to one (1) year in county jail or a $1,000 fine.
Child Endangerment is also criminal under California's "Three Strikes" Law.
If you have three "strikes" on your record, you will be sentenced to at least 25 years in state prison.
The situation can be stressful if you find yourself charged with child endangerment. The legal process is long and somewhat complicated, so it's essential to learn as much as possible about your rights and the probable outcome of your case. There are several things that you should do to make sure that you get the best possible result in your case.
If you're facing a child endangerment charge, you must contact an experienced criminal defense attorney as soon as possible. The penalties and consequences for child endangerment can be severe, and a child endangerment conviction can have a lasting impact on your life. But when you work with the right lawyer, you have the best chance of resolving your case through dismissal or acquittal.
Your law firm will fight hard to help reduce or eliminate your child endangerment charge penalty and ensure that you do not have to live in fear of losing your freedom or livelihood due to a false or malicious charge.
Gather as much evidence as possible about the situation. Your evidence may include witness statements, photos, videos, email records, or anything else that could prove your innocence or help your case. If you have a smartphone, document any evidence immediately so it doesn't get lost or deleted.
Even if you're guilty, it's crucial that you know your rights and plan your defense because even if you are found guilty, there are ways to minimize the damage to your reputation and prospects. Child endangerment charges can be complicated, so it's best to work with a firm that has experience with such cases.
If you get charged with child endangerment (or any other criminal charge), it is essential to have a trial preparation conducted by a renowned trial lawyer. The best lawyers will be able to help you figure out your options, how strong or weak the case against you is, and whether or not you should take a plea deal or go to trial.
The best way to fight the charge is to prove that you didn't do anything to endanger your child and that it's not likely you would have done anything to endanger your child. A great defense attorney will ensure that the prosecution has enough evidence to prove its case beyond a reasonable doubt, which can be challenging. Here are some of the more common defenses for child endangerment:
Many child endangerment accusations result from contentious custody disputes. A child could fabricate a claim out of anger or under pressure from their ex-spouse, ex-partner, or in-laws. These people can also make false accusations to get revenge or win custody of the child. Additionally, mandated reporters like doctors, teachers, or social workers may conclude without fully understanding the situation.
Your lawyer will fight this defense if you have been unfairly charged.
Your lawyer may argue that you did not commit the act on purpose. For example, suppose your babysitter leaves your child in the care of an abusive individual without your consent. In that case, you are not guilty of violating child endangerment laws because you did not willfully place the baby in a dangerous situation.
Parents are generally free to discipline their children any way they see fit as long as it's fair and doesn't result in physical harm. However, many child endangerment cases center on the issue of how a parent corrects a child (for example, by spanking or threatening to spank).
A parent or someone acting in loco parentis (such as a teacher) may occasionally invoke the defense of "parental privilege" to reasonably support their right to discipline a child in their care. However, the parental privilege could not apply if a child suffers great bodily harm due to punishment rather than simple bruises.
In addition to the child endangerment statute in California Penal Code 273a, here are a few other related laws related to child endangerment:
The offense of child neglect is defined under Penal Code 270 PC as a parent's willful and unlawful failure to give their child basic needs, including clothing, food, shelter, and medical care. Typically, this crime is a misdemeanor, which carries a maximum jail sentence of one year.
Examples of many forms of neglect:
While Penal Code 273a prohibits endangering minors under 18, Penal Code 273ab prohibits threatening younger children.
PC 273ab declares the following acts against children under 8 years old to be crimes in California:
PC 273ab also defines paralysis as "a substantial or full loss of motor function caused by injury to the neurological system or a muscle mechanism."
Although parents are allowed to use physical force to discipline their children, using excessive force is illegal. Inflicting physical punishment on a child (also known as child abuse) is a felony under California Penal Code Section 273d.
A prosecutor must be able to establish the following criteria to prove that the defendant committed child abuse:
You can save time. A legal problem can make you lose everything, so you must talk to our child endangerment lawyer today.
Hurwitz Law Group provides help for multiple types of criminal defense cases. Our law firm is prepared and ready for any situation that comes your way, and we know how to win them. Reach out to our child endangerment lawyer today by using our contact form or calling (323) 747-1121.
So, you have been arrested or investigated for burglary of a habitation. Not a pleasant experience, is it? It's time to begin protecting your future. A good start would be to know what the burglary of habitation is, so let's start there.
Burglary of a habitation is an unlawful entry into a residential or commercial building with the intent to commit a felony theft inside. If you ever doubt the legality of your activity, you should verify it with an experienced criminal defense attorney to advise you on the proper course to take.
While the word "burglary of habitation" is rarely used in other states in the U.S., "burglary of habitation" is simplified by charges of "burglary" or "theft." Depending on what occurred once a location was burglarized or unlawfully entered.
Under Section 459 of the California Penal Code, burglary is entering a structure (residential, commercial, or other) with the intent to commit:
It is essential to remember that entry into a structure does not require the use of force, the threat of violence, or any act of destruction. It only requires the intent to conduct a criminal or any offense that can be charged as a felony. Under California Law, burglary is considered a wobbler. Depending on the circumstances, the punishment can be either a felony or a misdemeanor.
First-degree burglary is typically a residential burglary because it includes accessing an "occupied" dwelling designed for human habitation. Even if the residence is unoccupied, it will be classified as "inhabited" if it is intended for residential use.
The defendant may be sentenced to two, four, or six years in state prison if convicted of this offense. Those convicted of first-degree burglary will not receive probation unless it is in the best interest of justice. In other words, if a person commits an offense and gets convicted of first-degree burglary, they will be sentenced to prison. It will be followed by parole unless mitigating circumstances warrant a less severe sentence of up to one year in county jail, followed by formal felony probation.
California's Three Strikes Law applies to first-degree burglary. Under California Law, a person convicted of two felony strike charges and any subsequent felony crime faces a possible prison sentence of 25 years to life in prison.
Second-degree burglary encompasses all other types of burglary, including commercial burglary and burglary of any structure other than a residence or a habitation. Second-degree burglary can be a misdemeanor or a felony. If charged as a misdemeanor, the sentence might be up to one year in county jail. A second-degree burglary, if charged as a state jail felony, is punishable by up to 16 months, two years, or three years in prison.
Knowing the differences between burglary and other theft crimes is essential because their distinctions can significantly impact how you approach your case. Take a look at how burglary differs from other theft crimes.
Burglary is the illegal entry into practically any building to commit a crime. However, there is no actual breaking necessary. Criminal trespass through an open door may still result in prosecution.
Compared to burglary, crimes of breaking and entering are typically less serious. If found guilty of these crimes, the offender could spend up to 20 years in a matching state prison and pay fines and other costs after their sentence.
The prosecution must establish specific conditions throughout the case to establish beyond a reasonable doubt that the defendant committed the alleged crime. Hiring an experienced criminal defense attorney to help develop a strong defense is essential when dealing with these problems. It entails hiring legal counsel as soon as possible.
According to Penal Code 459.5, shoplifting is:
In other words, shoplifting is a type of burglary in which the defendant enters a business that is open with the intent to steal goods valued at $950 or less.
The voter initiative Proposition 47, which lessened the penalty for various minor offenses in California, created the crime of shoplifting. Before Proposition 47 in 2014, shoplifters may have faced second-degree burglary under Penal Code 459 PC, which carries felony penalties.
Offenders charged with violating PC 459.5 for shoplifting only face misdemeanor penalties unless one of the following is true:
If one of these statements is accurate, a defendant who commits shoplifting may be subject to the same criminal punishments as a person who conducts second-degree burglary under PC 459 if found guilty.
If convicted of burglary under California Penal Code Section 459, you could be subject to the following penalties:
In California, first-degree burglary is always a felony. The potential consequences include a two, four, or six-year state jail sentence.
First-degree burglary bears harsher penalties than second-degree burglary.
The offense of second-degree burglary is known as a "wobbler." A "wobbler" is a crime in California that, at the prosecutor's option, can be charged as a felony or misdemeanor.
The potential implications of a conviction for burglary in the second degree are as follows:
A conviction for second-degree misdemeanor burglary includes the following potential penalties:
Burglary is a serious crime, and those who face it may have to endure a lengthy legal process. That's why it's essential to get legal defense quickly after the charges have been filed against you.
Common legal defenses against burglary help you avoid the harshest penalties. The following are some examples of these defenses in action:
A prosecutor must prove intent that you conducted theft or another criminal when you enter a site. If you did not enter the premises intending to conduct a crime, you could not be held guilty of this felony. For example, if you were drugged before entering the premises and decided to take something inside, your criminal attorney may be able to utilize this to your advantage. Voluntary intoxication is not usually a valid defense for lack of intent.
A person accused of stealing property may have a legitimate defense if they can demonstrate that they had good faith that the property was theirs or that they had a valid claim to it.
If any number of people could fit the description of the alleged offender, the lawyer might be able to claim that this is just a case of mistaken identity. It is a powerful defense if you have a witness who can put you somewhere else at the time of the claimed incident.
A prosecutor may dismiss a criminal charge if the evidence against the defendant is insufficient. Maybe fresh evidence is discovered that weakens the prosecution's case against the defendant. Your attorney may be able to negotiate with the prosecutors when they are first evaluating the police reports and argue that there is insufficient evidence to pursue a formal charge against you.
An unlawful arrest or neglect to assert your Miranda Rights may render the entire process illegal. Likewise, evidence obtained by an unlawful search and seizure may be contested and ruled inadmissible in court.
A criminal conviction for burglary can ruin your life. It can even cost you and your freedom if a judge sentences you to prison.
It will be best if you speak with our criminal lawyer immediately. As a team who handled hundreds of burglary offenses, take advantage of over a decade of experience by hiring our firm to represent your case.
Hurwitz Law Group will work tirelessly for you and can help you get your case dismissed or the charges reduced. We'll give you the personal attention that's required to be successful when it comes to dealing with this type of offense.
You are not alone. Call us today at (323) 747-1121 and get your free, confidential consultation!
Do you know what is "burglary domestic violence"? If you're like most people, it may be a surprise that these two crimes can be tied together. Because of this, it's essential to understand what is burglary domestic violence and how it affects you and your family. Learn more about this criminal offense by reading this post.
Moreover, call a reliable Los Angeles criminal defense attorney if you get charged with burglary and domestic violence.
Domestic violence refers to intentional intimidation, physical harm, battery, sexual assault, and other abusive acts committed by one intimate partner against another as part of a systematic power and control pattern.
Domestic violence includes the following:
Domestic violence can vary greatly in frequency and severity from case to case.
Domestic violence is defined by California Penal Code 13700 as abuse against a romantic relationship. Domestic battery, domestic abuse, and spousal abuse are other terms frequently used to describe domestic violence. In California, standard domestic violence charges include the following:
Domestic Battery - Penal Code 243(e)(1)
This misdemeanor carries a maximum fine of $2,000 and a maximum sentence of up to a year in county prison.
Inflicting Corporal Injury on an Intimate Partner- Penal Code 273.5
Penal Code 273.5 is a wobbler offense, which carries the possibility of felony or misdemeanor charges. A conviction could result in the following:
You might also be obliged to attend parenting programs, alcohol education classes, or a 52-week batterer's treatment program.
A person commits burglary under Penal Code 459 PC if they enter someone else's home or commercial structure, or locked vehicle without their consent and then commit (or attempt to commit) a felony, theft, or assault. Suppose there is no forcible entrance, nor are you armed with a deadly weapon while in the building.
You might get charged with burglary. Here are the types of burglary crime you may face:
Even if the intended crime didn't happen, the burglary crime is complete once the individual enters the premises with criminal intent. In California, burglary charges may be "first-degree" or "second-degree." Burglary of a residential structure is a first-degree offense. Burglary of any other form is second-degree (including stores and businesses).
In California, first-degree (residential) burglary is always a felony. A state jail sentence of 2, 4, or 6 years is one of the possible outcomes. In California, second-degree (commercial) burglary is considered a wobbler. It means that it is possible to charge it as:
In many cases of burglary and domestic violence, the alleged crime during the burglary is a violation of a protection order, and just entering the home is a crime.
Following the issuance of a protective order, the accused person can feel tempted to go into the victim's home to retrieve certain goods or to make amends. It might be a severe error. If you go against a Protective Order's prohibition against approaching the victim or their home, you may face trespassing or burglary charges. It still holds even if you lease or own the property. When someone enters a house or building without the owner's permission with the intent to commit a felony, steal, or assault, they have committed a burglary charge.
Recently, in Turner v. State, a 911 dispatcher received a phone call from a lady who said her ex-boyfriend, the defendant, was attempting to enter her apartment by beating on her door and window. Police attended and handed the defendant a "criminal trespass warning." It meant that if the defendant appeared at his ex-girlfriend's home again, he would get arrested.
The following afternoon, authorities tracked a succession of 911 calls back to the same woman who had called the day before to complain about the defendant. According to the woman, the defendant "entered her residence and abused her in front of their daughter." Police again attended and removed the defendant from the ex-girlfriend's apartment.
Later, the ex-girlfriend signed a "non-prosecution affidavit," stating that she did not want to testify against the defendant at trial. Nonetheless, the district attorney summoned her to testify. She testified at trial that she let the defendant inside her apartment, and then he assaulted her. She then stated that she signed the affidavit because she did not want the defendant, who was also the father of her children, to go to jail.
A jury found the defendant guilty of "burglary of a habitation" and sentenced him to 20 years in jail.
The defendant's appeal centered on the issue of consent. He insisted that he was there with his ex-girlfriend's permission. If this is accurate, it will invalidate a necessary aspect of the burglary case.
As stated in the ex-girlfriend's testimony at trial, she agreed to the defendant entering her apartment before the assault. However, as the Court of Appeals explained, the jury was allowed to reject this narrative in favor of previous testimonies she provided to police. Based on these earlier admissions, the jury could reasonably conclude that the ex-girlfriend did not grant her "effective assent" to the defendant's presence in her apartment. Based on the previous trespass warning and the fact that the defendant was hammering and kicking the ex-girlfriend's door, the jury could conclude that the defendant effectively forced himself into the apartment.
The following are examples of viable domestic violence and assault defenses, depending on the specifics of your case:
If you've been charged with domestic violence or arrested for burglary in connection with a domestic violence case, contact Hurwitz Law Group law offices to set up a free consultation to discuss your case and legal options.
Imprisonment and criminal records from burglary and domestic violence charges can haunt you for life. You could look at an arrest record that will never go away and could cost thousands of dollars. If there's anything you can do to avoid those consequences, it's crucial to do it now.
Hurwitz Law Group has the right experience to protect your future. We have successfully handled over a decade of complex domestic violence and burglary cases. We will do our best to keep you out of prison and to get you the best possible results in your case. You don't have to struggle through this alone. Call us now at (323) 287-9849 and get help today!
Did you know that certain elements or factors could improve the potential penalties for your domestic violence charges? These factors are called domestic violence enhancers.
In this blog post, we'll discuss more about what a domestic violence enhancer is and how it can affect your criminal charges, how different states regulate domestic violence enhancements, and more!
Before delving into domestic violence enhancers, let's first examine what California state law considers a domestic violence crime. According to California Penal Code 13700, domestic violence offenses are acts of abuse against someone you are in an intimate relationship with.
Let's further dissect the terms included in this clause:
Some criminal charges for domestic violence are punished as a misdemeanor, which entails a maximum of a one-year jail sentence in Los Angeles county jail and a maximum penalty fine of $2,000.
If you're convicted of a felony domestic violence, you could face a maximum of four years of imprisonment in California state prison and a maximum penalty fine worth $10,000. In most cases, the victim could also request a protection order against you.
As mentioned earlier, domestic violence cases are broadly defined, encompassing different crimes of physical, sexual, mental, and financial abuse.
Certain domestic violence charges possess enhancing elements, such as carrying a firearm or sexually abusing a minor. In the following sections, we'll discuss the enhanced penalties of domestic violence and their enhancers.
Most domestic violence cases entail a permanent criminal record. If the evidence suggests that you caused the victim's physical injury and other notable damages, you could end up with a permanent criminal record which is exceptionally challenging to expunge.
A permanent criminal record could negatively affect your employment, scholarship, and licensing opportunities. Furthermore, you could have difficulty obtaining housing loans or other loan benefits with a lifelong domestic violence record.
Brandishing or carrying a firearm to assault a spouse, child, or relative could cost you your gun rights. Moreover, if you're accused of causing severe injuries to the victim, this could also be grounds for the court to dismiss your gun rights.
Unfortunately, losing your gun rights from a domestic violence criminal charge is irreversible. Domestic violence with a firearm is a critical criminal offense in California which violates several state and federal laws.
The court can't and won't reinstate your gun rights even if you successfully expunged your domestic violence charges.
Child abuse is a type of domestic violence recognized in several state laws. If you're accused of causing severe injuries to a minor or have had a domestic violence conviction for the past five years, you could permanently lose your custody rights. In some cases, however, the court could still grant you visitation rights.
Immigrants with a history of an aggravated felony or criminal case with moral turpitude could face harsh immigration consequences. If you're convicted of these criminal charges, you could incur the following penalties:
Unfortunately, domestic violence falls into both of these categories. If you're an immigrant trying to beat a domestic violence allegation, you must hire an experienced and reliable domestic violence attorney.
Different states treat domestic violence enhancements differently. In the following sections, we'll go over the distinct treatment of Utah and Colorado state laws toward domestic violence enhancement.
The Utah state law treats domestic violence as an independent criminal charge and an enhancer, meaning you could be convicted of domestic violence, or your current criminal charges could be enhanced if you have a history of domestic violence conviction.
As an enhancer, your current charges and criminal history comes into play. For example, suppose you're convicted of a misdemeanor crime involving domestic violence and have had a domestic violence conviction for the past ten years. In that case, the court will enhance your penalties to a certain degree.
Unlike California and Utah, the state of Colorado does not treat domestic violence as an independent crime. In contrast, domestic violence is an enhancer of your current criminal charges.
Colorado is a mandatory arrest state, meaning the police will arrest domestic violence offenders if the authorities are notified of suspected behaviors. The authorities will do further investigation before pressing charges.
Since Colorado does not recognize domestic violence as an independent crime, they usually use it to enhance the following criminal charges:
Domestic violence is a grave crime in California. With extensive imprisonment terms, hefty penalty fines, and a possibility of enhanced criminal penalties, domestic violence charges could completely flip your life upside-down.
There are several reasons why an alleged victim might push through with a domestic violence enhancement, such as to prevent you from seeing your children, recover a large sum in the process, or get away from you.
Fortunately, domestic violence enhancement is not entirely unavoidable. With the right legal representative and a strong criminal defense strategy, dismissing a domestic violence charge altogether is not far from reality.
If you're searching for an experienced, reliable, and committed Los Angeles criminal defense attorney, we got your back. At Hurwitz Law Group, our legal team is one of the finest and most renowned legal representatives in the area.
With over a decade of criminal defense expertise and hundreds of successful case outcomes, our team can help you prevent severe penalty enhancements and get your life back up after a criminal charge.
Schedule your free case review today and get professional legal advice from some of the greatest minds in the Los Angeles area. Call us now at 323-244-4147 or schedule your free consultation online.
Why do you need to understand the different types of domestic abuse? It is because you might be involved and charged with domestic violence without knowing how to get out of it or why you are in such a situation. Also, it can help you understand the charges and build a strong defense against them. Read on to learn more about the types of abuse commonly encountered in domestic violence cases.
According to the California Penal Code 13700, "domestic violence" is abuse against an intimate partner. Abuse is when a person uses or threatens to use physical force on a close partner, whether on purpose or by accident.
The "intimate partner" could be:
When people hear "domestic violence," one of the first things that come to mind is physical abuse. Physical abuse is a little bit easier to spot than emotional abuse because it is harder to hide and often more apparent. Physical violence happens when it's clear that a person's actions mean to make the victim helpless and to gain power in the relationship. Research shows men usually commit most of this kind of violence, and when women do this kind of violence, it is usually to protect themselves from a violent male partner.
Some examples of physical abuse are as follows:
Verbal abuse is hard to spot; unfortunately, it can be a common form of abuse in some relationships. Verbal abusers are masters of manipulation. They can hurt your self-esteem while making it look like they care about you. Using words to hurt someone is a very sneaky way to control them. No matter how loving your partner seems, verbal abuse is crafty and can hurt just as much as physical abuse. Common signs of verbal abuse include the following:
Sexual abuse is a complex part of domestic violence to talk about and sometimes to spot. Women can experience sexual abuse, and many have trouble recognizing that sexual abuse is abuse. To gain control, abusers use sexual violence for the same reason they use physical violence.
Some examples of sexual abuse are as follows:
Emotional abuse is harder to measure because it isn't something you can see or touch. But it can be seen in the words and actions someone uses to insult, embarrass, or hurt someone else's sense of self-worth.
This kind of abuse hurts a person's emotional and mental health. Abuse can come in many forms. For example, a person who hurts someone may lie or do things that aren't true to confuse the person, also known as gaslighting.
Emotional violence can include direct threats of physical harm to victims or their loved ones. Abusers may even threaten to hurt themselves to get their victims to do what they want.
Some examples of emotional abuse are as follows:
Even though psychological abuse doesn't leave bruises or broken bones, it can cause severe emotional and mental health problems. It can be hard to spot this kind of abuse, but it's essential to do so and get help as soon as possible.
Here are some signs of emotional and psychological abuse:
There are also less obvious signs, such as the following:
Financial abuse is a type of domestic violence that many people don't know about but is very common. It happens when one partner controls the other's financial freedom and independence.
Here are some examples of financial abuse:
Child abuse is when a child under 18 is hurt or mistreated on purpose. There are many ways to hurt a child, and they often happen simultaneously. Child abuse is often done by someone the child knows and trusts, usually a parent or another family member.
When a child gets abused, they might feel guilty, ashamed, or confused. The child may be afraid to tell anyone about the abuse, especially if the abuser is a parent, another relative, or a family friend. So, it's essential to keep an eye out for red flags, such as:
If you get convicted of domestic abuse, the punishments will generally be less harsh for misdemeanors and more severe for felonies. In any scenario, you can expect some or all of the following:
There's a lot at stake if you're accused of domestic abuse, whether you're guilty or not. It would be best if you didn't face these charges without a lawyer. At Hurwitz Law Group, our experienced domestic violence attorney can investigate the charges and assist you in avoiding harsh fines.
Dealing with domestic abuse is a traumatic experience, and dealing with the criminal justice system can be overwhelming. You need an aggressive team of legal professionals who will conduct a thorough investigation, collect evidence, and fight for your rights.
Hurwitz Law Group can help you fight domestic violence charges. Protect yourself, your rights, and your future; contact us at (323) 287-9849 or fill out our online form to schedule your free, confidential consultation.
Have you ever heard about a restraining order? Restraining orders are used to prevent harassment and threats. But, many people need to understand how they work, which can confuse most. Read on to learn the fundamentals of restraining orders and ease your confusion. Find out who can file one, what happens during a criminal court hearing, and how to get help.
A restraining order is a court order. It has the authority to order the restrained person to:
When the court issues a restraining order, authorities enter it into a statewide computer system, which means law enforcement personnel throughout California know the restraining order.
A TRO or Temporary Restraining Order is a written directive issued by a court or judge that protects persons from domestic violence, civil harassment, workplace violence, and elder abuse for a limited time. The court order is usually decided during criminal proceedings.
This court order prohibits the abuser from contacting and abusing the victim (i.e., the person seeking the TRO).
Under California Law, restraining and protective orders are essentially the same. Both are court orders intended to protect a person from:
The exact charge will specify what activity is or is not forbidden. Still, it will almost certainly include terms requiring the restricted person to avoid contact with the protected individual.
Contact typically means:
Restraining orders are only a preventative measure; their sole purpose is to stop the harassment. Examples of typical situations in which a restraining order may be granted include:
Before the authorities can impose a restraining order, the victim must provide evidence that a crime has been committed against them.
Before requesting an order, there must be proof of harassment or risk of violence (or further violence) against the victim. Authorities may issue a restraining order against someone if they do the following:
A restraining order can safeguard the victim, whether the abuser is a close family member or a stranger.
Protective order processes entail numerous steps. A person who wants a restraining order may complete the necessary paperwork before a court or have an attorney do it on their behalf. The initial form demands that you explain the circumstance and its danger.
After reviewing this statement, the court will determine whether or not to grant you a Temporary Restraining Order (TRO). It can occur without the restrained person being present.
Typically, the TRO will continue for a few weeks. After that, the court will hold a hearing to decide whether or not to grant the applicant's request for a permanent restraining order.
Legally-binding and valid protection orders have a 5-year expiration date. Without a jury, all sides will present their evidence to the judge, who will then determine whether or not to impose the restraining order.
Depending on the type of restraining order you received, the length of the order stays on your record. There are different types of restraining orders, and each has specific rules.
If you were issued a temporary restraining order against you, it would be visible to law enforcement personnel for 14 days or until your court date. The court will remove your restraining order from your file if it becomes rejected during the hearing. If the judge rules against it, it will nevertheless remain.
According to California Penal Code 166, you may be charged with a crime if you knowingly violate a court order, like a restraining order. A protective order violation is regarded as contempt of court.
You may face charges under Penal Code 273.6 if the violation of the court order causes injury. Criminal charges, a criminal conviction, and a mark on your records could follow the breach. In addition, the court may impose jail time and penalties for contempt of court for violating a restraining order.
A competent criminal defense lawyer may be able to dispute a violation by bringing up several defenses. You should hire a criminal defense lawyer if you get charged with breaking a restraining order in California.
The majority of restraining orders are court-issued decisions. Therefore you may appeal to them. A restraining order can be changed or reversed, but it may be complex. If you're considering appealing a restraining order, read this.
Your response to the restraining order can make all the difference. It would be best to get a notification when a restraining order is requested or filed against you. Be polite and attempt to control your emotions if you receive the notice in court; even though you might not be able to win your case there and then, you could certainly cause some damage.
Therefore, let your attorney provide any legal arguments in court.
Most states give a form or directions for responding to the temporary order, whether you get noticed by mail or in person. For instance, California offers an information sheet that addresses queries ranging from how long the order will be in effect to how it can affect your citizenship or a green card. Before you have the option to appeal, make sure to follow any directives and not disobey any temporary orders.
You will be required to appear at a hearing or, more likely, to submit a response to the restraining order. In most cases, the court will schedule a hearing to review the order. If not, you can request one. Remember your court date. It might be your only opportunity to challenge the restraining order.
You should gather evidence to back up your claims before your court date. On the day of your court appearance, be sure to have any witnesses, recordings, or papers available. What you'll need should be explained to you by your lawyer.
You should submit an appeal and ask for a new court date if you wish to modify or terminate a restraining order after your hearing has already taken place. Make sure you have proof of compliance with the original order and any evidence of changes in circumstances after filing the first restraining order, just like you did at your initial hearing.
The best person to contact if you want to appeal a restraining order is an experienced civil court lawyer. Get in touch with one in your area right now.
Let us help you find an effective solution to your problem. While the laws surrounding restraining orders can be complex, our Los Angeles civil harassment restraining order attorneys at Hurwitz Law Group have the experience and knowledge to guide you through the process.
We can explain your legal rights and support you by protecting your family. We can also work with you to build a comprehensive civil harassment restraining order that will prohibit stalking, invasion of privacy, or publication of private facts, as well as other types of behavior that may damage you.
We will fight vigorously to protect your rights, assets, and safety. If you are ready to start, please fill out our contact form or call us at 323-244-4147 for a free, confidential consultation.
