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
Tuesday, February 28, 2017
Friday, February 24, 2017
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
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
Wednesday, February 15, 2017
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.
14401 Sylvan Street, Suite 112
Van Nuys, CA 91401
Friday, February 10, 2017
The Definition Of Entrapment And How To Handle It
Despite the common belief that the justice system is designed to catch and punish only bad guys, the reality is a bit darker. After all, nothing in this world is perfect and the justice system is no different. In some cases, people are getting arrested and even being charged with crimes under certain pressure. At times, the law enforcement authorities are far too eager to arrest the offenders and are not stopping until they get results they are looking for. In certain cases, even though the guilt of a person is yet to be proven, the law enforcement authorities can use intimidation techniques in order to squeeze a crime out of a person. Such a thing, when the law enforcement authorities are pretty much making you confess to a crime, is called entrapment and is an offense on its own. Here are a few examples of how it works in order for you to better understand when the actions of the police can be deemed as entrapment:
One way or the other, entrapment could be turned into a viable defense strategy if you have a qualified as well as experienced federal criminal lawyer by your side.
The Los Angeles Criminal Defense Specialists
- You are simply walking around, minding your own business. Suddenly, an undercover law enforcement officer approaches you. Needless to say, you do not know that he is an officer. The man asks if you could sell him some drugs and claims that he will give you a fair price. Of course, you tell him that you are not selling drugs and that he should leave you alone, so the man walks away. In this case, the actions of the police officers cannot be deemed as entrapment, since he simply asked you a question and when you answered it, decided to go away.
- Once again, you are approached by an undercover police officer. You have no idea that this is a undercover law enforcement officer. He is asking you to sell him some drugs. You tell him that you are not selling any illegal substances. Instead of simply walking away, the man starts to cry and literally begs you for a dose, telling you that he can no longer live without it. Hence, the officer is using pressure and this can be used against him in court.
- Furthermore, the law enforcement officers may be using harassment in order to get results. This means that if you are going to refuse to sell the guy drugs, he will begin to follow you just about everywhere you go. He will call you every single day and will even follow you to work. He will be blackmailing you until you will give him what he wants.
- Persuasion is yet another tool of the police. The undercover officer may tell you that he will simply take the drugs from your bag and leave the money there. This is also something that could be used in court as a means of defending yourself.
One way or the other, entrapment could be turned into a viable defense strategy if you have a qualified as well as experienced federal criminal lawyer by your side.
The Los Angeles Criminal Defense Specialists
Thursday, February 9, 2017
DNA Test And Exoneration
There’s no doubt that ever since the law enforcement authorities have started to use DNA testing, the procedure has helped a lot of innocent people and delivered justice to the real criminals. The first DNA testing was performed back in 1986. Since then, nearly three hundred innocent individuals have been exonerated. It is also worth mentioning that nearly 20 of those individuals were sentenced to death row before the testing took place.
Deoxyribonucleic Acid is actually the most important building block of life, and is a part of every single cell in every single living thing. Francis Crick and James Watson were credited for decoding the DNA and received their Nobel Prize in psychology/medicine back in 1962. DNA is also referred to as the Double Helix. Furthermore, scientists consider decoding the DNA to be the most essential biological achievement of the last century. DNA is what makes embryonic cells turn into actual living organisms.
DNA is essentially a cellular fingerprint of sorts. Its most important property is its uniqueness. Even though animal and human DNA are quite similar, it is still one of a kind for every individual. The only exceptions are identical twins as well as recipients of bone marrow transplant. The DNA of every individual remains unaltered throughout their entire life and represents the most trustworthy identifier that can be located in every single cell.
DNA testing could be performed using any type of biological specimen, including blood, saliva, hair, semen and even skin. Hence, if this biological evidence is obtained and stored effectively and then analyzed properly, it may well turn into evidence that will exonerate innocent individuals. In this way, DNA testing is a whole lot more precise than usual fingerprinting.
When it comes to the US criminal justice system, the jury is asked to render a guilty verdict only in case there is no reasonable doubt in the matter whatsoever. However, at times, proper DNA testing demonstrates that there was in fact the element of reasonable doubt. And because of the jury’s decision an innocent person was sentenced to death row or had to rot for years in prison. Should the jurors be legally penalized for being irresponsible? One way or the other, odds are, living with the knowledge that you condemned an innocent to die or rot in a cell is on its own punishment enough.
However, the positive tendencies continue to grow – more and more people are being exonerated thanks to proper DNA testing. The most common cause for wrongful conviction is misidentification of the perpetrators, comprising more than 70% of all cases. Furthermore, among those cases of misidentification, about 40% occur due to the simple fact that people have trouble trying to recognize individuals of other races.
The second leading cause for wrongful conviction is making mistakes in forensic science. Despite the fact that DNA testing has proven to be 100% accurate, it is hard to say the same about other types of forensic investigations, such as bite mark comparisons, microscopy, comparison of shoe prints as well as the firearm mark tool analysis.
Third place in the leading causes for wrongful convictions is false accusations as well as false and incriminating confessions. Then follows the wrongful testimony from the informants. After all, the vast majority of informants have a certain incentive – they are promised milder penalties or, in some cases, that the charges will be dropped altogether. Of course, when faced with such a pleasant perspective, the informants will always be more than happy to talk and to point out the criminals, even if those people were innocent to begin with.
One way or the other, if you or perhaps your loved ones were wrongfully convicted or perhaps falsely accused of a crime that you never committed, you will want the case and all the evidence to be reexamined. DNA testing may also be required and you will surely need a qualified as well as genuinely experienced legal representative by your side in order to ensure that everything is done by the book and that there are no mistakes in the forensic process.
If you were arrested or under investigation for a sex crime, call our law offices at (877) 781-1570 or use contact form to request free face-to-face consultation.
Law Offices of Los Angeles Criminal Defense Specialists
Deoxyribonucleic Acid is actually the most important building block of life, and is a part of every single cell in every single living thing. Francis Crick and James Watson were credited for decoding the DNA and received their Nobel Prize in psychology/medicine back in 1962. DNA is also referred to as the Double Helix. Furthermore, scientists consider decoding the DNA to be the most essential biological achievement of the last century. DNA is what makes embryonic cells turn into actual living organisms.
DNA is essentially a cellular fingerprint of sorts. Its most important property is its uniqueness. Even though animal and human DNA are quite similar, it is still one of a kind for every individual. The only exceptions are identical twins as well as recipients of bone marrow transplant. The DNA of every individual remains unaltered throughout their entire life and represents the most trustworthy identifier that can be located in every single cell.
DNA testing could be performed using any type of biological specimen, including blood, saliva, hair, semen and even skin. Hence, if this biological evidence is obtained and stored effectively and then analyzed properly, it may well turn into evidence that will exonerate innocent individuals. In this way, DNA testing is a whole lot more precise than usual fingerprinting.
When it comes to the US criminal justice system, the jury is asked to render a guilty verdict only in case there is no reasonable doubt in the matter whatsoever. However, at times, proper DNA testing demonstrates that there was in fact the element of reasonable doubt. And because of the jury’s decision an innocent person was sentenced to death row or had to rot for years in prison. Should the jurors be legally penalized for being irresponsible? One way or the other, odds are, living with the knowledge that you condemned an innocent to die or rot in a cell is on its own punishment enough.
However, the positive tendencies continue to grow – more and more people are being exonerated thanks to proper DNA testing. The most common cause for wrongful conviction is misidentification of the perpetrators, comprising more than 70% of all cases. Furthermore, among those cases of misidentification, about 40% occur due to the simple fact that people have trouble trying to recognize individuals of other races.
The second leading cause for wrongful conviction is making mistakes in forensic science. Despite the fact that DNA testing has proven to be 100% accurate, it is hard to say the same about other types of forensic investigations, such as bite mark comparisons, microscopy, comparison of shoe prints as well as the firearm mark tool analysis.
Third place in the leading causes for wrongful convictions is false accusations as well as false and incriminating confessions. Then follows the wrongful testimony from the informants. After all, the vast majority of informants have a certain incentive – they are promised milder penalties or, in some cases, that the charges will be dropped altogether. Of course, when faced with such a pleasant perspective, the informants will always be more than happy to talk and to point out the criminals, even if those people were innocent to begin with.
One way or the other, if you or perhaps your loved ones were wrongfully convicted or perhaps falsely accused of a crime that you never committed, you will want the case and all the evidence to be reexamined. DNA testing may also be required and you will surely need a qualified as well as genuinely experienced legal representative by your side in order to ensure that everything is done by the book and that there are no mistakes in the forensic process.
If you were arrested or under investigation for a sex crime, call our law offices at (877) 781-1570 or use contact form to request free face-to-face consultation.
Law Offices of Los Angeles Criminal Defense Specialists
Sunday, January 29, 2017
Common Penalties For Committing A Fraud
Watching how we all live in an age of progressive technologies as well as various innovative solutions, it is absolutely no wonder that the criminal activities are becoming more and more advanced as well as genuinely sophisticated every year.
Sure enough, seeing how quickly the technology is advancing forward, it is only natural that new and more refined ways of committing fraud appear. One way or the other, you may easily be charged with committing numerous cases of fraud and all of those will be different. In addition, fraud may range from a minor misdemeanor and all the way up to a genuine felony in the State of California.
To make things a bit more understandable, we are going to provide you with a pretty simplified and yet quite accurate list of different categories of charges. The list will contain the charges, possible penalties as well as possible fraud actions that may fall under the category. Hence, in case that you or perhaps your loved ones were charged with fraud, this is what you may be facing in the future. Of course, those penalties are all strictly suggestive. After all, the judge is going to take plenty of factors in consideration when sentencing the defendant. First of all, we are talking about the value of the property that was obtained due to the fraudulent actions, the age of the victims as well as any previous criminal convictions.
Associated Crimes:
Associated Crimes:
Associated Crimes:
Associated Crimes:
Charges may be different in other states, but the above-mentioned list is depicting how things work in the state of California. Also, charges may have a very negative impact on your day to day living, And we are not even talking about the fines and times in jail. After all, you risk losing your job, your career, your reputation. In addition, the best prosecutors may be working against you, since they were hired by a huge corporation or insurance company. The very best you can do in a situation like this would be getting in touch with a qualified as well as genuinely experience Los Angeles criminal defense attorney at the earliest opportunity. After all, only a good attorney will know how to help you in such a challenging situation indeed.
The Los Angeles Criminal Defense Specialists
Sure enough, seeing how quickly the technology is advancing forward, it is only natural that new and more refined ways of committing fraud appear. One way or the other, you may easily be charged with committing numerous cases of fraud and all of those will be different. In addition, fraud may range from a minor misdemeanor and all the way up to a genuine felony in the State of California.
To make things a bit more understandable, we are going to provide you with a pretty simplified and yet quite accurate list of different categories of charges. The list will contain the charges, possible penalties as well as possible fraud actions that may fall under the category. Hence, in case that you or perhaps your loved ones were charged with fraud, this is what you may be facing in the future. Of course, those penalties are all strictly suggestive. After all, the judge is going to take plenty of factors in consideration when sentencing the defendant. First of all, we are talking about the value of the property that was obtained due to the fraudulent actions, the age of the victims as well as any previous criminal convictions.
Class 1 Misdemeanor:
Potential penalties: up to 18 months in prison; up to $5,000 in finesAssociated Crimes:
- Criminal possession of a single financial device
- Criminal possession of a document of identification
- Presenting false info on an application or renewal
- Second degree of forgery
- Embezzlement of goods or property, which may be valued between $500 and $1,000
- Credit card fraud – not more than $1,000
Class 6 Felony
Potential penalties: up to 18 months in prison; up to $100,000 in finesAssociated Crimes:
- Criminal impersonation
- Criminal possession of two or several more financial devices
- Criminal possession of two or several more documents of identification
Class 5 Felony
Potential: up to 3 years in prison; up to $100,000 in finesAssociated Crimes:
- Insurance fraud
- Criminal possession of four or several more financial devices
- Possession of identity theft tools with intent to commit criminal actions
- Gathering ID info via deception
- First degree forgery
- Embezzlement of public money
- Credit card fraud – up to $20,000
Class 4 Felony
Potential penalties: up to 6 years in prison; up to $500,000 in fines- Identity theft
- Embezzlement of goods or property valued up to $20,000
Class 3 Felony
Potential penalties: up to 12 years in prison; up to $750,000 in finesAssociated Crimes:
- Embezzlement of goods or property that may be valued over $20,000
- Social Securities fraud
- Money laundering
- Credit card fraud – over $20,000
Charges may be different in other states, but the above-mentioned list is depicting how things work in the state of California. Also, charges may have a very negative impact on your day to day living, And we are not even talking about the fines and times in jail. After all, you risk losing your job, your career, your reputation. In addition, the best prosecutors may be working against you, since they were hired by a huge corporation or insurance company. The very best you can do in a situation like this would be getting in touch with a qualified as well as genuinely experience Los Angeles criminal defense attorney at the earliest opportunity. After all, only a good attorney will know how to help you in such a challenging situation indeed.
The Los Angeles Criminal Defense Specialists
Tuesday, January 10, 2017
Remaining In Jail Due To Inability To Post Bail
Being in LA county jail is very stressful as well as frustrating. However, it is even more frustrating if you stay in jail due to one main reason – because of the simple fact that you were unable to post bail. Well, you will be genuinely surprised, but too many people remain behind bars namely because of thit reason.
The official statistical data clearly demonstrates that nearly a third of all people who are spending time in Los Angeles County Jail before being officially convicted, are there because they were unable to post bail. Of course, it is a pretty disturbing situation, so the lawmakers are currently working on coming up with a proper and effective solution to this issue.
So what is bail exactly? Well, it is a sort of an agreement that is being made between the court and the defendant. The court agrees to release the defendant in case he or she will be able to post a certain amount of money as bail. The defendant, on the other hand, will agree to return to the court on the named date. Once the defendant appears in court on that date, he or she is going to get that money back.
For instance, the defendant may need to pay $10 000 as bail. Should he or she pay $10 000, they will be released from Los Angeles County Jail. The defendant will be obliged to return to court on a certain date and once he or she does, he or she is going to get those $10 000 back. This is going to happen even in case he or she is convicted during the trial. Nevertheless, should the defendant miss the court date, he or she is going to automatically lose the $10 000 and a warrant for his or her arrest will be issued. In case the defendant does not have that kind of money and therefore is unable to post bail, he or she will remain in jail.
Not being able to post bail is a major issue for most people indeed. After all, it may take weeks or even months for the trial to begin and you will be forced to remain behind bars during this entire time. Hence, people are often using bail bonds in order to make sure that they are not going to remain in jail for that long.
Nevertheless, the main issue is the fact that those bail bond services may demand up to 30% of bail as their fees. This sum will not be returned to you even if you are going to be exonerated completely. It is still a pretty large sum and the vast majority of people simply will not be able to afford. This is why the lawmakers are trying to come up with new and more efficient alternatives.
In case a person is arrested, the law enforcement officers are going to book him or her in jail right away. During that time, the individual’s personal information, his or her photos as well as fingerprints are going to be sent to the police computer database. In addition, all of their personal items will be impounded, the arrested person will need to submit himself to a sobriety test. Furthermore, it can be a second sobriety test in case the arrested individual was arrested due to the fact that he or she failed the last one. Finally, the arrested person will be provided with an opportunity to make a single phone call and will then be sent in jail cell. He or she will need to wait for the court hearing, during which the judge will set bail. The hearing generally takes place within 48 hours after the arrest.
In most cases, different jurisdictions are setting certain amounts of bail for certain committed crimes. This means that one jurisdiction may post a $20 000 bail for a felony. Such crimes usually imply 3 years sentence. However, all cases are different, so it does not necessarily imply that you will need to pay that much money. The judge often takes into consideration various additional circumstances and the amount of bail may be lowered indeed.
Yet, in case the defendant already has an extensive criminal history, the judge may consider that he or she is posing a flight risk. Hence, the amount of bail may be increased or the judge may even deem it necessary to revoke the very notion of bail in this case and for that particular defendant. In some cases, the amount of bail will be set immediately after the person was booked and processed. However, this mostly happens in case the crime was not too severe. Hence, the arresting officer will let the defendant know if he or she will be able to post bail and whether he or she will be able to pay with their credit cards.
Bail bonds are very much similar to bank loans – you are looking for a lender that will provide you with the necessary amount of money. You are going to invest a small percentage of your own funds first and then the lender will provide you with the rest. For instance, in case the amount of bail will be $20 000, the defendant’s family members will need to invest $3000 in deposit and the lender will then provide them with those $20 000. Furthermore, in the vast majority of cases, you will be required to provide the lender with collateral. Collateral could consist of a car, a house, some valuable jewelry and so on. Collateral is used in order to make sure that even if the defendant will not appear in court, the lender is not going to lose the money and will get valuable possessions instead.
If you do not have an ability to get the money for your bail, it is very important to find a qualified attorney who is an expert in Los Angeles criminal defense. He will be able to come up with a good defense strategy to reduce or dismiss your criminal charges.
The Los Angeles Criminal Defense Experts
The official statistical data clearly demonstrates that nearly a third of all people who are spending time in Los Angeles County Jail before being officially convicted, are there because they were unable to post bail. Of course, it is a pretty disturbing situation, so the lawmakers are currently working on coming up with a proper and effective solution to this issue.
So what is bail exactly? Well, it is a sort of an agreement that is being made between the court and the defendant. The court agrees to release the defendant in case he or she will be able to post a certain amount of money as bail. The defendant, on the other hand, will agree to return to the court on the named date. Once the defendant appears in court on that date, he or she is going to get that money back.
This is How Bail Works
For instance, the defendant may need to pay $10 000 as bail. Should he or she pay $10 000, they will be released from Los Angeles County Jail. The defendant will be obliged to return to court on a certain date and once he or she does, he or she is going to get those $10 000 back. This is going to happen even in case he or she is convicted during the trial. Nevertheless, should the defendant miss the court date, he or she is going to automatically lose the $10 000 and a warrant for his or her arrest will be issued. In case the defendant does not have that kind of money and therefore is unable to post bail, he or she will remain in jail.
Not being able to post bail is a major issue for most people indeed. After all, it may take weeks or even months for the trial to begin and you will be forced to remain behind bars during this entire time. Hence, people are often using bail bonds in order to make sure that they are not going to remain in jail for that long.
Nevertheless, the main issue is the fact that those bail bond services may demand up to 30% of bail as their fees. This sum will not be returned to you even if you are going to be exonerated completely. It is still a pretty large sum and the vast majority of people simply will not be able to afford. This is why the lawmakers are trying to come up with new and more efficient alternatives.
When Do You Need Bail
In case a person is arrested, the law enforcement officers are going to book him or her in jail right away. During that time, the individual’s personal information, his or her photos as well as fingerprints are going to be sent to the police computer database. In addition, all of their personal items will be impounded, the arrested person will need to submit himself to a sobriety test. Furthermore, it can be a second sobriety test in case the arrested individual was arrested due to the fact that he or she failed the last one. Finally, the arrested person will be provided with an opportunity to make a single phone call and will then be sent in jail cell. He or she will need to wait for the court hearing, during which the judge will set bail. The hearing generally takes place within 48 hours after the arrest.
In most cases, different jurisdictions are setting certain amounts of bail for certain committed crimes. This means that one jurisdiction may post a $20 000 bail for a felony. Such crimes usually imply 3 years sentence. However, all cases are different, so it does not necessarily imply that you will need to pay that much money. The judge often takes into consideration various additional circumstances and the amount of bail may be lowered indeed.
Yet, in case the defendant already has an extensive criminal history, the judge may consider that he or she is posing a flight risk. Hence, the amount of bail may be increased or the judge may even deem it necessary to revoke the very notion of bail in this case and for that particular defendant. In some cases, the amount of bail will be set immediately after the person was booked and processed. However, this mostly happens in case the crime was not too severe. Hence, the arresting officer will let the defendant know if he or she will be able to post bail and whether he or she will be able to pay with their credit cards.
Bail Bonds
Bail bonds are very much similar to bank loans – you are looking for a lender that will provide you with the necessary amount of money. You are going to invest a small percentage of your own funds first and then the lender will provide you with the rest. For instance, in case the amount of bail will be $20 000, the defendant’s family members will need to invest $3000 in deposit and the lender will then provide them with those $20 000. Furthermore, in the vast majority of cases, you will be required to provide the lender with collateral. Collateral could consist of a car, a house, some valuable jewelry and so on. Collateral is used in order to make sure that even if the defendant will not appear in court, the lender is not going to lose the money and will get valuable possessions instead.
If you do not have an ability to get the money for your bail, it is very important to find a qualified attorney who is an expert in Los Angeles criminal defense. He will be able to come up with a good defense strategy to reduce or dismiss your criminal charges.
The Los Angeles Criminal Defense Experts
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