Manshoory Law Group - Los Angeles Criminal Defense Law Firm

Q 1. Do You Need a Lawyer if You are Going to Plead Guilty?
Ans 1. Yes. You should have an attorney before you plead guilty. Before you enter a plea, you have bargaining power that can be used to reduce the charges against you or even change your please to “no contest” which has different ramifications. Never give up your rights without knowing all your options, even if you are guilty. An attorney may find loopholes or weaknesses in the case that will work to your advantage. Once you plead guilty, you lose many of your rights and leverage you could have used to reduce the charges or even have them dismissed. An attorney will know how to request a plea bargain that you’re likely to get which will reduce the penalties or time you’ll serve. If your actions harmed someone, a guilty plea may allow them to win a civil suit against you on top of the criminal charges.
Q 2. Is there a difference between a felony and a misdemeanor charge?
Ans 2. Yes. Misdemeanor charges are considered minor in comparison to felonies although some misdemeanors are serious, such as DUIs. Misdemeanors are punishable by up to one year in jail, fines of up to $1,000, community service, and various types of rehabilitation programs to address substance abuse and anger control problems. Felonies carry harsher penalties and are subject to the three strikes law discussed later.
Q 3. What is the difference between a dismissal and an expungement?
Ans 3. California allows a defendant who has fulfilled the conditions of probation, whether by the lapse of time or due to early dismissal, the possibility of petitioning for a certificate of rehabilitation and pardon. The defendant is not allowed to do this if they are currently charged with a crime, on probation for another crime, or serving a sentence for another crime. If the defendant’s petition is granted, the record will be expunged. Although California Penal Code 1203.4 describes the process, it is complicated and best done with the assistance of an experienced criminal attorney.
Q 4. What type of crimes does your firm handle?
Ans 4. Crimes against children: child abuse, child porn, child molestation. Crimes against another person: cyber stalking, domestic violence, false imprisonment, restraining order defense. Driving violations: driving without a license, suspended license. Drug crimes: DUI in association with: death, commercial license, drug offense, multiple offenses, wet reckless charge, juvenile and adult marijuana, public intoxication, under 21 DUI. Federal defense: fraud/contract fraud: embezzlement, identity theft, welfare fraud, investigations. Criminal background check: investigations, trial preparation. Probation: probation & violations, probation modification, early termination of probation, expungement. Professional drivers: bus & taxis, DUI – uber driver. Property Theft Crimes: burglary, theft crimes. Public crimes: contracting without a license. Record repair center: expungement, prop 47. Sex crimes: indecent exposure, prostitution/solicitation. Sexual assault and battery: sex crimes, sex trafficking. Violent/Homicide charges: murder charges, violent crimes. Warrants, white collar crimes. Misdemeanor and felony consequences.
Q 5. What should I expect from a criminal defense lawyer?
Ans 5. Your criminal defense attorney should have experience defending clients in criminal cases that go to trial and be able to negotiate and investigate on your behalf to provide you with the best possible legal defense. Your attorney should have time to assist you with your case and gather information that will aid your case. Experience defending clients in the same court where your trial will be held is preferred. This includes professional relationships with judges, so they know how the judge is likely to rule on various issues that may come up during the trial.
Q 6. Should I represent myself in a criminal case?
Ans 6. No. Even attorneys use an attorney in the rare situation when they are charged with a crime. If you represent yourself, you are held to the same standards that your attorney would be held to – standards it is very difficult for a layperson to live up to. The law is complex and a defendant who represents themselves will often overlook opportunities that an experienced criminal defense attorney would use to reduce the charges or even have the case dismissed. The consequences of a mistake can cost you your freedom and significant financial penalties.
Q 7. What happens if my case goes to trial?
Ans 7. A trial begins with jury selection and ends with a verdict. In between these two steps, evidence is presented by the prosecuting and defense attorney, witnesses testify, and the judge makes decisions about the admissibility of evidence and testimonies. If you are out on bail, you are required to be in court every day of your trial. If you are incarcerated, you will be transported to the courthouse for your trial.
Q 8. What should I do if I am falsely accused of a crime?
Ans 8. Being falsely accused of a crime is not a situation you should take lightly. The potential for an adverse outcome is serious. The sooner you hire a defense attorney to work on your behalf, the better situated you will be to prevail. First, do not talk to law enforcement other than to request an attorney. Although you know you’re innocent, when you’re charged with a crime, they already believe you are guilty. Get an attorney.
Q 9. Can I get my records sealed? Why is it important?
Ans 9. If you are arrested, it creates a criminal record even if the District Attorney never files charges. Such records may show up in background checks conducted by potential employers. Under specific situations, you have the right to have your record sealed, which allows you to answer “no” to employment questions about a criminal background. Since we never know when an opportunity will be lost as the result of a background check showing an arrest without a conviction, it is important to seal any record that can be sealed.
Q 10. Do you have free consultations?
Ans 10. We offer something better than a free consultation. We provide a free case analysis. Contact us today at (877) 977-7750 to begin the process.
Q 11. How long will the process be?
Ans 11. Misdemeanor: arraignment 10 days, trial 30 – 45 days. Misdemeanor (in custody): arraignment 48 hours, trial 30 – 45 days. Felony: arraignment weeks or months, trial 60 days. Felony (in custody): arraignment 48 hours, trial 60 days.
Q 12. What are my Miranda rights?
Ans 12. The Miranda rights include: the right to remain silent. To be advised that anything you say may be used against you. You have a right to an attorney during questioning. An attorney will be provided for you if you cannot afford one. If the police do not need to interrogate you to build a case against you, they do not have to give you a Miranda warning. The warning is required before they question you. Do not respond to questions after your rights are read to you without your attorney being present.
Q 13. What is California’s Three Strikes law?
Ans 13. Felonies are serious crimes. In California, felonies are even more serious than similar crimes in other states because of enhanced punishments for some types of felonies and for multiple felony convictions. Under the “one strike rule,” certain sex crimes receive enhanced sentences for the first felony. Under the “three strike rule,” second felony convictions receive sentences two times longer than the same crime receives for a first offense. Third convictions for violent offenses require a mandatory 25 to life sentence.
Q 14. If I am convicted of a crime while I am in the United States legally, can I be deported?
Ans 14. Yes. Immigrants to the United States may lose their ability to remain in the country if they are convicted of or plead guilty to certain crimes. Immigration laws require immigrants to be upstanding members of the community. As a result, departures from this behavior, including crimes of moral turpitude that might not have serious consequences for a citizen, can result in deportation. Crimes ranging from driving under the influence, possession, fraud, larceny, intended harm to persons or property, spousal abuse, assault, and more serious crimes can all lead to deportation.
Q 15. What Is an Arraignment?
Ans 15. An arraignment is a court proceeding where the criminal charges against a defendant are read and the defendant enters a plea (guilty, not guilty, nolo contendere, etc.).
Q 16. What Is Bail?
Ans 16. Bail is set by the judge during the period of time before a trial. It may require a monetary bond or other pre-trial restrictions that must be met in order for the defendant to be released until the trial. An experienced criminal defense attorney can help you make the best of a bad situation.