Best Proven Criminal Defense Strategies To Defend The Case Properly

Criminal trials are involving either local, state or federal government that is constructing a case against a person, who managed to break the law. In most of the instances such a case does involve hefty fines and/or incarceration. Needless to say, though, in order to sentence the defendant, the prosecution will need to prove beyond any reasonable doubt that the defendant is actually guilty. Criminal cases are largely different from the civil ones – in civil cases two individuals are involved and it is often referred to as suing someone.

With that said, the when a trial is going to take place, the prosecutor is going to make its best in order to deliver a guilty verdict, whereas a criminal defense attorney is going to make his or her best in order to make sure that the defendant will get the minimized sentence or will get the case dismissed to begin with. And in order to do just that, the attorney is going to employ a number of defense methods and techniques that will surely help him or her build up a solid as well as genuinely effective legal defense strategy.

First of all, even before the trial takes place, the legal representative is going to employ a few of the most basic techniques, which include reviewing the details of the arrest itself, reviewing all of the paperwork that was filed by the law enforcement officers and reviewing all of the available evidence before the trial even begins.

Checking out all of the details behind the arrest may be extremely lucrative in most of the instances. For example, if the defendant had to submit himself to the breathalyzer test, the officer performing the test should have had the proper license in order to administer it to begin with. And in case that this officer did not have the license to administer the case, the evidence and the test results may well be deemed as invalid. Even if it is not going to dismiss the case right away, it will surely help in minimizing the sentence.

Furthermore, the legal representative also has the right to review any and all available evidence that the prosecution may have. For instance, if the arresting officer did not inform the defendant about his or Miranda Rights during the arrest, any of the defendant’s words, be it even his or her full confession, will probably be inadmissible in court. For example, the defendant may have confessed to robbing a store, but if the arresting officer did not read the Miranda Rights to him or her, such a confession will have no power in court to begin with.

The legal defense strategies are, of course, completely different for every single case. However, depending on the circumstances, the attorney will be using one of the two major defense strategies to begin with – it could be either a negating defense or an affirmative one. While both of the legal strategies can be used in a variety of ways, the negating defense is general used in order to negate a crucial point in case that is presented by the prosecution and the affirmative defense does admit that the individual committed a crime, but at the same time offers facts that justify the crime to begin with.

With that said, a negating defense does imply that a crucial element of charges is missing. For instance, if a person is charged with larceny, the legal representative may state that the defendant did not really commit the crime, since he or she thought that the property was theirs from the beginning. If nothing else, such a strategy will cast a shadow of doubt over the prosecution’s charges. 

Furthermore, in case that the defendant is facing first-degree murder charges, the prosecution has to prove beyond any reasonable doubt that the murder was actually premeditated. Otherwise, if the legal representative will negate that point, the charges will definitely be lessened to begin with.

As for the affirmative defense, The Los Angeles Criminal Defense Experts may introduce a number of facts that will point out to the fact that the defendant was not to blame. For instance, it could have been self-defense, the defendant may have been coerced or blackmailed, he or she may have been acting under intoxication or due to insanity.

One way or the other, there are plenty of ways to represent a person in court and, of course, you can try out numerous ones in order to figure out which is the ideal defense strategy namely for the case that you are running with. It does depend on plenty of different facts and circumstances around the case, so it is up to you as a legal representative to figure out which will work. If you need help with your case, please call our law firm or email us using online contact form.

5 Ways To Determine if The Attorney is a Right One For Your Case

If you or perhaps your loved ones were charged with some kind of crime, the very first thing that you will want and need to do would be getting in touch with a qualified as well as genuinely experienced legal representative, who would be able to help you minimize the sentence or to get the case closed to begin with. And, of course, you will want to know for sure, whether you may rely on the attorney to get things done right as well as within the very least amount of time possible. Well, here are a few tips that will provide you with a much more in-depth comprehension on how to find the ideal legal representative on the market:

1. First of all, regardless of whether the client is innocent or guilty, a qualified as well as genuinely professional legal representative is going to do everything in his power to make sure that the client is treated properly as well as in line with all of his or her constitutional rights. This does imply that, regardless of the type of crime that the defendant committed, the legal representative is going to do his or her very best in order to make sure that the client is getting the best outcome possible, And even if it is rather challenging to notice these efforts at first, these will be noticed eventually and will show in the end results indeed. 


2. An experienced criminal defense law firm with a good reputation often has established relationship with the judges, the prosecutors as well as other law enforcement officers and representatives. This familiarity is going to play out favorably for you in the end. However, some people may view it as a downside when the lawyer is smiling or laughing with the prosecutor. They think that the legal representative is not really on their side, which is very far from the truth. Such laughter and smiling may go a very long way – the lawyer may well be playing on your field and is actually doing his or her best to make sure that the sentence is going to be minimized, that the case will be dismissed or perhaps the bail bond will be set quicker. Sure enough, though if the legal representative is paying way too much attention to the prosecutor, it may actually imply that such an attorney cares more for the prosecutor than for the defendant, but in most of the cases it is an incorrect assumption. 


3. A qualified as well as genuinely experienced legal representative does not really care if the defendant did it. Of course, in most of the cases, the defendant will want the lawyer to think that he or she is actually innocent, but in truth, it is of no concern for the attorney to begin with. A professional legal representative is going to be doing his or her best in order to make sure that the case is closed or the sentence is minimized to say the least. And it does not matter if the client is guilty – it is the lawyer’s obligation to make his or her best to make sure that the defendant will get the best treatment possible. 


4. A good criminal defense attorney is not going to accept everything that is presented in the police reports. He or she is going to check all of the information ion order to make the most from the case. This does imply that the legal representative is going to go around, asking witnesses, looking through any kind of lab reports, checking out all of the available evidence, hiring other experts to check certain facts, going through any kind of footage and so on and so forth. Everything to make the most from the criminal defense strategy. 


5. Finally, a qualified criminal defense attorney is also going to constantly remind the client about the right to remain silent and to avoid anyone else, except for the attorney. Furthermore, the lawyer will be talking to the client all the time and it does not matter whether the client is locked up to begin with. It is not only in the lawyer’s ethical obligation – the attorney will always need to find time to interact with the client in order to make the most from the case and a qualified legal representative is going to do just that. 

Of course, if it is a private legal representative, who is failing any of the above-mentioned criteria, you will have no trouble finding another one, which would offer better conditions and will be better suited for the job. However, if it is a public lawyer – it will be a bit more challenging. Yet, it is far from being impossible – you just need to ask the judge in written form to talk to you, without the prosecutor being present. During that talk you will need to explain how the appointed lawyer is failing you. And if the judge is going to decide that you are correct in your assumptions, you will be granted with another lawyer, who will hopefully do a better job on your case. One way or the other, the importance of having a great attorney by your side cannot be overestimated. If you need immediate help, please call our law offices or email us using contact form.

DUI Laws Are For Everyone: Celebrities Included

One thing is certain: getting behind the wheel after consuming alcoholic beverages is never a good idea. Nevertheless, some people have to learn this the hard way. Some may even think the rules and the laws do not apply to them. How else can we explain what they are doing?

A recent DUI arrest involved a local celebrity, and this is happening more and more. TV stars as well as other celebrities believe they are more important and that rues do not apply to them. However, the law is equal for everyone and no amount of fame or fortune could save you from the harsh legal penalties and consequences. It may sound a bit naive at first, but let’s face it – in truth, the arrests are being made and the recent DUI arrest involving a celebrity is a great example of that.

Even if it is your first time DUI offense, there is a huge chance that you will suffer some genuinely harsh legal consequences. After all, if you were charged with driving under the influence, you are obligated to pay expensive fines, which can amount to thousands of dollars. Furthermore, do not forget that you have to perform community service as well as attend the special drug or alcohol awareness classes. This will take a lot of time. In addition, you may lose your driver’s license for a very long time and you may also be required to install an ignition interlock device inside of your vehicle. The cost of your insurance will rise too. If you damaged property or perhaps even injured a person, you will be sentenced to spend time in county jail or state prison, according to the circumstances of the case.

California does not take DUI offenses lightly, even if these involve politicians or celebrities. The legislation is very strict due to the ever-increasing number of DUI accidents that are taking place across the state.

Hence, if you or your loved ones were charged with a DUI, the very first thing you should do is get in touch with a qualified, genuinely experienced Los Angeles criminal attorney so you know how to handle the prosecution, the judge, and the jury as well as the administrative DMV hearing so your sentence will be minimized or the case will be dismissed.

You can find more information about drunk driving defense at: www.losangeles-criminaldefense.org/

Fantasizing About Sex With Children Is Not a Crime – Claims Jared Fogle’s Lawyer During The Appeal

It is rather difficult to imagine a crime as repulsive as child molestation. Children are innocent and child molesters can easily ruin their lives through their actions. It is a painful, genuinely devastating and detrimental experience that no child should ever go through. With that said, some people enjoy filming or watching child porn – sick individuals cannot be aroused by anything other than that. And no one really cares that child pornography is also a sick and disgusting thing – children are forced to commit sexual actions that they may not have wanted to do in the first place. They are not only physically raped – they are raped in the mentally as well.

One way or the other, it is absolutely no wonder that the community is seeking justice in such cases and does not stop until someone is punished. And in truth, too often, the people who enjoy child pornography and child molestation are found in places where you would expect them least. We are talking about church representatives and, of course, politicians. Sadly, some political figures have too much influence and are capable of engaging all of their connections to avoid penalties. And, unfortunately, too many are allowed to escape from justice.

Nevertheless, at times, justice does prevail, as in the case of Jared Fogle who was sentenced to 15 and a half years for child pornography. Nevertheless, not that long ago, Fogle’s attorney actually decided to appeal the decision and the verdict and claimed that the judge actually overstepped it with the sentence, since she was only legally allowed to give 12 and a half years instead of 15. Furthermore, the attorney is also claiming that the sentence is unlawful, since his client is not responsible for most of the offenses in the case – he was “only watching what he was given”. Except for the last two cases, of course, for which Fogle actually accepted the blame himself.

However, the assistant U.S. attorney rightfully argued that the sentence was 100% justified. First of all, it is a known fact that Fogle actually knew some of the victims in person. He was also perfectly aware of who was producing and filming child pornography. Add to that the fact that he was roaming around the entire country purposefully seeking sexual intercourse with minors and you will get a completely justified sentence that cannot and must not be appealed in any way. It is known that Fogle was asking prostitutes around the country to find him minors for sex. And finally, in the case of the two twins, Fogle was successful – he had sex with the two minors, who turned out to be victims of sex trafficking and were provided to Fogle by a violent pimp who was treating them in a disgusting manner. Hence, seeing how all of the above-mentioned crimes and offenses are genuinely disgusting and perverted, it is no wonder that the judge has made a decision to extend the sentence. Chances are, it was an exemplary sentence was and was meant to demonstrate that the justice system actually works and people who commit such horrible crimes will be prosecuted one way or the other, no matter who they are.

Both the attorney and the prosecutor had to present their sides of the story throughout a ten minute hearing and no questions were asked. Of course, it could really be a while until a verdict on the appeal will be reached. Hopefully, though, the sentence will remain unchanged, since people like this must not be allowed to walk the streets anymore and need to be punished in order so that everyone else realizes just how severe a crime child pornography and child molestation really are.

When it comes to child pornography, it is very important, crucial even, to make sure that the law enforcement authorities are doing their very best to apprehend and punish the criminals who have no morality, no sense of humanity and who need to be genuinely punished for their actions; even if the criminals are politicians, pop stars, celebrities or church representatives. No child should suffer from such horrifying and brutal acts of sexual violence and the perpetrators must be given the maximum penalties and sentences possible – that much is certain. Let us hope that the justice system will prevail in case of Fogle.

The Los Angeles Criminal Defense Specialists

Brutality Or Self-Defense? Off-Duty Police Officer Recorded Confronting Teens In His Backyard

Numerous cases of police brutality have managed to demonstrate that the law enforcement officers are not always right and, at times, are completely unable to handle the matters peacefully, so things are getting ugly. Well, not long ago, the Los Angeles Police Department released the name of the off-duty law enforcement officer, who was actually recorded in Anaheim discharging his weapon during a conformation with a group of teenagers.

An off-duty police officer Kevin Ferguson was videotaped during his confrontation with a 13 year old boy, who is not identified. It took place in the area of Euclid Street and Palais Road on the afternoon of Feb. 21 according to the official police statement. The video actually went viral on the net and therefore the case garnered attention all over the country. Anaheim Police Department Chief Raul Quezada stated that it was an “ongoing dispute” and it involved several minors who were walking across the officer’s lawn. Subsequently, the dispute escalated into what we have the possibility to see on the video. The officer also alleged that the boy threatened to shoot him during the initial confrontation – this is according to Chief Raul Quezada

The teen then tried to walk away, but the officer wanted to attempt and detain him until the police will arrive on the scene. While he was trying to detain him, other minors got into the confrontation, so it all escalated into a physical altercation – again, according to the chief of police. Afterwards, two of the minors allegedly assaulted Ferguson and even knocked him down on the ground. The entire group then circled around the officer, so he took out his weapon and made a single shot in the ground – the chief says.

Two of the teenage boys were arrested and this including the 13 year old, who actually state that it all started when the officer started yelling at a girl. This boy also claims that he was not telling the officer that he will shoot him, but actually that he will “sue him”. And one of the neighbors also says that she heard “sue” and not “shoot”. During the ongoing investigation, Ferguson is placed under an administration leave. Both teens were released from custody. Even though no charges were yet filed in the case, police chief that there is a possibility for everyone involved to be charged.

One way or the other, the case is one that is surely open for several interpretations. Was the officer intentionally and knowingly drawing his weapon on teenagers after a dispute that he himself initially started? This would not come as such a big surprise, seeing how more and more cases like this are taking place all over the nation. However, it would also be unfair to presume that the officer is to blame to begin with. Teenagers can be quite violent and do not know when to stop, so maybe the officer’s actions were entirely justified?

Of course, there is also the matter of a weapon discharged. Even if it was discharged into the ground, was it that necessary to begin with? Now, a lot of people do not believe that cases like this are being investigated properly, since the police usually goes mild on one of their own, especially if no one was hurt in the process.

Hence, it is important to keep an eye on the case in the future so as to make sure that everyone will get what they deserve as well as within the very least amount of time possible. Hopefully, whether it was the officer who is to blame or the teenagers, the police will do their job right and will provide us with more facts and compelling arguments that will allow to make an informed decision in line with all of the gathered info.

The Los Angeles Criminal Defense Specialists

State Declares That The Suspect In Killing a Whittier Police Officer Was Not Released Early From Prison

In contradiction to the earliest statements from the sheriff’s officials as well as the police, the state corrections department declared on Tuesday that the 26 year old felon that is suspected in fatally gunning down a Whittier police officer was not released from state prison early.

According to the statement that was made by California Department of Corrections and Rehabilitation, the prisoner served full sentences and his full prison terms as is required by law. The statement also mentions that Mejia was released from prison on April 19, 2016.

Jail records and court documents also demonstrate that he was being taken into custody several times now for the violation of the terms of his release. Mejia was suspected in fatally gunning down a Whittier Police Officer – Keith Boyer. Boyer along with another law enforcement officer were responding to a car accident in which Mejia was involved. It is said that Mejia allegedly pulled out a weapon and started shooting the officers. This prompted and exchange of fire and all three men were hospitalized with injuries.

The injured officer as well as Mejia himself have managed to survive. However, Boyer’s remains were taken to Rose Hills Memorial Park during the police procession. In addition, it is also said that a couple of hours before shooting at the officers, Mejia killed a man with a gunshot and that person was identified by family members as his very own cousin – the 47 year old Roy Roger Torres.

The investigation is being led by the Los Angeles County Sheriff’s Department homicide lieutenant, John Corina and he repeatedly state that the suspect was released earlier than required. Furthermore, it turns out that according to Corina, the suspect was released early on parole and was out of custody for almost a week now. Together with Sheriff Jim McDonnell, Whittier Police Department Chief Jeff A. Piper outlined the recent ballot-box propositions and state laws that they declared were only increasing the crime rates.

Piper declares that “enough is enough”. “You’re passing these propositions, you’re creating these laws that is raising crime, and it’s not good for our communities and it’s not good for officers. What you have today is an example of that.” McDonnell was of course referring to a country wide movement to “reduce incarceration,” which began with the 2011 prison realignment program. The program was designed to handle the overcrowding of prisons in Assembly Bill 109, and to Propositions 47 and 57.

“In this case, we don’t have enough information on this individual at this point to be able to say exactly which one of these initiatives allowed him to be out back in the population,” McDonnell stated. Nevertheless, the state corrections department states that no Criminal Justice Reforms have influence the release of Mejia. The AB 109 was the only factor that had some impact on the release of Mejia – at least, this is what the state’s statement says. In line with the AB 109, Mejia was released to the Post-Release Community Supervision. This basically implies that the Los Angeles County Probation Department will be responsible for monitoring him and not the state.

The CDCR statement was also mirrored by the Sheriff’s Department new release that was out on Tuesday afternoon. The statement was no longer referring to Mejia as a state parolee. In fact, Mejia was released for the Pelican Bay State Prison in Crescent City and consequently reported to the county a day later, on April 20, 2016. The Sheriff’s Department also stated that Mejia is still hospitalized with a gunshot injury and was booked on Monday “for a flash incarceration (probation hold).”

One way or the other, Mejia was convicted back in 2010 for a second-degree robbery with a street-gang sentencing enhancement. He then received a total sentence of four years in state prison - the CDCR stated. The judge provided Mejia with credit for 302 days served. On January 26, 2014 he was paroled, but later on, almost six months later, he returned to the prison for grand theft auto as well as vehicle theft.

The Los Angeles Criminal Defense Specialists

Hysteria Around New Immigration Policies Continues

There are too many people these days trying to blame just about everything on Donald Trump as well as his innovative immigration policies. The mass hysteria managed to transform routine home raids into something “unprecedented” and “unbelievable”. Nevertheless, the Immigration and Customs Enforcement are confirming that these raids are nothing more than routine checkups and are conducted on a regular basis.

Even though the ICE official representatives have not managed to provide more info on exactly how many people were arrested on Thursday and whether or not they were officially taken into custody, the agency is nevertheless saying that all of those people were arrested in line with a targeted approach. Hence, only the people who were posing a threat to the community were targeted during the raid. 

The ICE also states that known child sex offenders, gang members as well as foreign nationals along with the substantial drug trafficking history were the main targets. Hence, it is unclear how the so-called “activists” still want these clearly dangerous individual to remain on US soil. 

Nevertheless, the “activists”, such as Jorge-Mario Cabrera - communication director for the Coalition for Humane Immigrant Rights of L.A., are still spreading the mass hysteria and are claiming that the deported people were not criminals and that most of those people were individuals with only deportation orders.

The immigration raids were conducted at numerous houses in San Bernardino, Van Nuys, Downey, Oxnard and Santa Paula. The Coalition for Humane Immigrant Rights of L.A lawyers are claiming that more than a hundred people are already awaiting to be processed in downtown Los Angeles.

In their attempt to enhance the hysteria around the policies of the new president, the immigration supporters and advocates gathered a meeting nearby the Metropolitan Detention Center in downtown L.A. They were protesting against the lawful actions conducted by the ICE. Furthermore, Aliso Street to through traffic near the Alvarado Street intersection was closed by them for nearly two hours and all of them were chanting like cult members: “Immigrants are welcome here”, without even thinking about the consequences of their actions.

CHIRLA Director of Policy Joseph Villa who also attended the meeting, claims that his organization has hundreds of calls from lawyers, who are saying that their clients were picked up during the raids. The CHIRLA Director of Policy is also claiming that the ICE does not release the names of those arrested and does not allow them to see their lawyers.

Furthermore, California Senate President Pro Tem Kevin de León also released a statement on Thursday in which he asked federal representatives to provide the numbers – how many women, men and children were detained during the raids. He also insisted on getting information on what the processing time will be and what are the main reasons for detention. There was also the question of offering them lawyers services.

The mass hysteria continues and there are plenty of people who are more than happy to build a reputation on it. Ameena Quazi from National Lawyers Guild L.A. claims that almost certainly there were many more people who were arrested and the activists are unable to contact them.

The lawyer claims that there is info on the wider geography of the raids and she is also claiming that people were pulled from their homes.

The lawful and rightful policies also affected the U.S. Representative Tony Cárdenas (his jurisdiction is covering parts of the San Fernando Valley including Van Nuys) also claims that the ICE is conducting “outrageous” activities, demanding to get more information on the matter. 

There are about a million of immigrants residing without all the legal papers in Los Angeles as well as Orange counties. This is according to the report that was issued Thursday by the Pew Research Center.

It is quite strange to see all those “activists” so concerned about the criminals – illegal immigrants, who are not only living in US without the documents – most of them are posing a real threat to common people around us. There are plenty of criminals, who are known for drug trafficking, child molesting – and the “activists” apparently do not think that there is something seriously wrong with the fact that these men and women are still walking on the streets around them. 

The Los Angeles Criminal Defense Specialists

14401 Sylvan Street, Suite 112

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