Counterfeiting is a serious criminal offense that can lead to harsh penalties, including time in federal prison. It involves creating or using fake items, such as counterfeit money, documents, or branded goods, with the intent to deceive. These actions are considered illegal under both federal law and California state law.

Perlman & Cohen Los Angeles Criminal Lawyers understand how overwhelming counterfeiting charges can be. Our experienced attorneys are here to help you fight these accusations. Whether your case involves state and federal courts, we build strong defenses to protect your rights and future.

We will explain the different types of counterfeiting, their penalties, and how we can assist you in defending against these criminal charges.

What is Counterfeiting?

Counterfeiting refers to creating, possessing, or using fake items to deceive others for personal or financial gain. Common examples include producing counterfeit money, forging documents, or selling fake branded goods.

Counterfeiting is taken seriously because it harms businesses, individuals, and the economy. For instance, counterfeit bills can disrupt financial systems, while fake goods may pose safety risks. Depending on the circumstances, these actions may result in federal counterfeiting charges or state-level prosecution.

If convicted, the penalties can include fines, imprisonment, and a permanent criminal record. Cases involving organized counterfeiting operations or repeat offenses often carry harsher punishments. Seeking the help of a Los Angeles counterfeiting attorney can make a huge difference in how your case is handled.

Different Types of Counterfeiting

Counterfeiting can take many forms, and each type carries its own legal implications. Some of the most common types of counterfeiting crimes include:

Currency Counterfeiting

Creating or using counterfeit money is one of the most well-known forms of counterfeiting. This includes printing counterfeit bills or altering genuine currency to pass it off as more valuable.

Currency counterfeiting is a federal crime because it undermines the nation’s financial system. Federal prosecutors pursue these cases aggressively, and penalties can include lengthy prison sentences and hefty fines. Defending against these charges often involves questioning how evidence was gathered or proving a lack of intent.

Counterfeit Consumer Goods

Counterfeit consumer goods are fake products designed to look like legitimate, branded items. These include clothing, electronics, accessories, and luxury items. People often purchase these goods unknowingly, believing they are genuine.

Selling counterfeit goods is a serious criminal offense under both state and federal law. It harms legitimate businesses and can pose safety risks to consumers, especially with counterfeit electronics or toys. Penalties for selling these items can include fines, prison time, and a criminal record.

Defending against counterfeiting charges for consumer goods may involve proving you were unaware the items were fake or that you did not intend to sell them as genuine. A Los Angeles counterfeiting attorney can analyze the case and challenge the evidence presented by federal prosecutors or state authorities.

Document Forgery

Document forgery involves altering or creating fake documents to deceive others. This can include forged IDs, contracts, financial records, or government documents. Such actions are often linked to fraud or other criminal charges.

Forgery cases are treated as serious crimes because they undermine trust and can cause significant harm. Depending on the nature of the forged document, these cases can fall under state or federal offenses. For example, forging a passport may result in federal criminal charges with severe penalties, including imprisonment and fines.

Defenses against document forgery include showing a lack of intent to deceive or proving that the alleged forged document is not linked to the defendant. A skilled defense attorney can also question the validity of the evidence to build a strong defense.

Trademark Counterfeiting

Trademark counterfeiting occurs when someone uses a brand’s logo or name without authorization to sell fake goods. This includes producing items that mimic popular brands to deceive customers into thinking they are buying genuine products.

Trademark counterfeiting harms businesses and consumers. It can result in federal counterfeiting charges, especially if the fake goods are sold across state lines. Penalties may include fines, prison time, and restitution to the affected businesses.

A defense against these charges often involves proving the defendant was unaware of the trademark violation or did not intend to mislead customers. A seasoned criminal defense attorney can review the case and argue for reduced charges or dismissal.

Pharmaceutical Counterfeiting

Pharmaceutical counterfeiting involves creating or selling fake medications. This is one of the most dangerous forms of counterfeiting because it directly affects people’s health. Fake medications can contain harmful substances or lack the necessary ingredients to treat medical conditions.

This type of counterfeiting is a federal crime, and federal prosecutors pursue these cases aggressively. Penalties include substantial prison time, heavy fines, and a lasting criminal record.

Defending against pharmaceutical counterfeiting charges requires showing that the defendant did not knowingly sell fake medications or question the evidence’s validity. Working with a Los Angeles counterfeiting attorney is crucial in these cases to protect your rights and build a strong defense.

What Are the Penalties for Counterfeiting in Los Angeles?

Counterfeiting is a serious crime in Los Angeles. Penalties depend on the type of counterfeiting and whether it is charged under state or federal law. In many cases, the punishment can include time in federal prison, large fines, and a permanent criminal record.

For example, making or using counterfeit money is often treated as a federal crime. The penalties can include years in prison and thousands of dollars in fines. Selling fake goods or forged documents can also lead to similar punishments, depending on the value and impact of the crime.

If you are convicted under California Penal Code Section 350, which involves selling or possessing counterfeit goods, you could face up to 16 months, two or three years in jail or state prison. You could also face a fine of up to $500,000 for individuals or a fine of up to $1,000,000 for a business.

The punishment becomes harsher if the accused has a prior criminal history or if the counterfeiting involves large-scale operations. A Los Angeles counterfeiting attorney can help reduce penalties by challenging the evidence and negotiating with prosecutors. Getting the right legal help is critical to protect your future and avoid severe consequences.

What Counterfeiting Defenses Our Los Angeles Lawyers Can Do for You

Defending against counterfeiting charges requires a smart legal strategy. Our Los Angeles counterfeiting attorneys can review the evidence and find weaknesses in the prosecution’s case.

For example, if evidence was collected illegally, we can argue to have it thrown out. We may also show that you did not know the items were counterfeit or that you did not intend to commit a crime. In some cases, we can negotiate with prosecutors to reduce charges or penalties.

Our team knows the complexities of both state and federal counterfeiting laws. Whether your case involves counterfeit money, fake goods, or forged documents, we will fight for the best possible outcome. With our help, you can build a strong defense and protect your future.

FAQs

What is counterfeiting?

Counterfeiting means making fake money, documents, or products to trick people. It is illegal and can lead to serious penalties.

What are the penalties for counterfeiting in Los Angeles?

Penalties can include prison time, fines, and a criminal record. The punishment depends on what was counterfeited and if it breaks federal law.

How can a lawyer help with counterfeiting charges?

A lawyer can review your case, challenge the evidence, and fight to reduce or dismiss the charges. They can also argue you didn’t intend to commit a crime.

Is counterfeiting a federal crime?

Yes, some counterfeiting cases, like making counterfeit money, are handled in federal court. These cases usually have harsher penalties.

What should I do if I’m charged with counterfeiting?

Contact a Los Angeles counterfeiting attorney right away. We will guide you, protect your rights, and build a defense to fight the charges.

How Our Los Angeles Counterfeiting Lawyers Can Help

Facing counterfeiting charges can feel overwhelming, especially when it involves felony charges or investigations by federal agencies. These cases often include other serious criminal charges, making it crucial to have the right legal help on your side.

A Los Angeles counterfeiting lawyer from Perlman & Cohen Los Angeles Criminal Lawyers can fight for your rights. We will carefully review your case, find weaknesses in the evidence, and work to reduce or dismiss the charges. Whether you are dealing with fake money, forged documents, or counterfeit goods, our team has the experience to handle even the toughest cases.

Federal and state laws for counterfeiting are strict, but we know how to navigate them. We also work hard to negotiate with prosecutors or defend you in court if needed.

Contact Our Los Angeles Counterfeiting Lawyer Today

Being accused of using or making counterfeit notes can lead to serious criminal penalties, including prison time and fines. These cases are often handled by the federal government, which makes it even more important to have strong legal counsel on your side.

Perlman & Cohen Los Angeles Criminal Lawyers work hard to create reasonable doubt in your case. We look for weaknesses in the prosecution’s evidence and argue that you did not know the items were fake or had no intent to commit a crime. This strategy can reduce charges or even lead to a dismissal.

Contact us today. We offer a free consultation to discuss your case and explain your options. Our experienced team will fight to protect your rights, whether in negotiations or in court. Let us help you face these challenges and work toward the best outcome possible.

California has several pretrial diversion programs to help eligible individuals avoid a criminal conviction. These programs focus on rehabilitation instead of punishment. Participants work on issues like substance abuse or mental health problems while completing specific requirements.

Perlman & Cohen Los Angeles Criminal Lawyers help clients understand and access these programs. They provide expert advice to get through the criminal justice system and fight for the best possible outcomes. Whether you need help with a drug diversion program or mental health diversion, their team is here to guide you.

Drug Diversions Under California Penal Code 1000

California Penal Code 1000 gives people charged with minor drug crimes a chance to join a drug diversion program instead of going to court. These programs focus on helping participants improve through treatment and education courses, addressing problems like substance abuse.

If someone qualifies, they can complete steps like attending counseling or drug education. Once they finish, their charges can be dropped.

This program helps people avoid getting a criminal record. It also protects them from the long-term effects of a conviction, like trouble finding jobs or housing. The goal is to give participants a fresh start and help them avoid future problems.

Penal Code 1000 Explained

Penal Code 1000 offers an alternative to prosecution for certain drug-related offenses. It allows eligible individuals to participate in a drug diversion program instead of facing trial. The program focuses on treatment and education courses to address drug use and prevent future offenses.

Eligibility and Application Process

To qualify, the offense must involve minor drug-related charges, such as possession or drug paraphernalia. Violent crimes or prior convictions may disqualify an individual. A judge reviews the case to determine eligibility.

Program Requirements and Completion

Participants must attend counseling, therapy, or substance abuse programs. Once the requirements are met, charges may be dismissed, and the criminal record remains clear.

Misdemeanor Diversion Programs

Misdemeanor diversion programs help people charged with less serious crimes avoid a criminal conviction. These programs are for non-violent offenses like shoplifting, trespassing, or minor drug charges.

To qualify, the court must approve, and the person must follow specific rules. These may include community service, paying fines, or attending classes. The program usually lasts a few months to a year.

If the person completes all requirements, their charges can be dismissed. This helps them avoid a criminal record and the problems that come with it. A California lawyer can help you find out if you qualify for this program.

Applicable Offenses

Misdemeanor diversion programs cover non-violent offenses, such as petty theft, vandalism, or low-level drug crimes. These programs offer alternatives to traditional punishment.

Program Duration and Conditions

Programs typically last six months to one year. Participants must comply with specific conditions like community service or attending education courses.

Successful Completion and Record Sealing

Upon completion, charges may be dismissed, and participants can request to seal their criminal record. This helps them avoid the long-term consequences of a conviction and can help them get back on their feet.

Mental Health Diversion Programs

Mental health diversion programs in California offer a way to avoid prosecution for people with certain mental health conditions. These programs help address the issues that may lead to criminal behavior, like borderline personality disorder or other diagnosed conditions.

A judge can approve someone for mental health diversion if a mental health professional confirms they have a condition and shows it is linked to their actions. Instead of going to trial, the person joins a treatment program to work on their mental health.

The goal of these programs is to help individuals get better and stay out of trouble in the future. Completing the program can also help them avoid a criminal conviction. Mental health diversion focuses on giving people the support they need while preventing repeat offenses. It’s a second chance for those who need care instead of punishment.

Penal Code 1001.36

This diversion program, established under Penal Code 1001.36, provides treatment for defendants with qualifying mental health issues. It aims to address underlying conditions instead of pursuing traditional penalties.

Qualifying Mental Health Conditions

Eligible conditions include post-traumatic stress disorder, bipolar disorder, schizophrenia, or other diagnosed illnesses. Participants must demonstrate that treatment could benefit their recovery.

Domestic Violence Diversion Programs

Domestic violence diversion programs give some first-time offenders a chance to avoid serious penalties. These programs focus on education and helping people improve their behavior.

To qualify, the case must meet specific rules, and the judge must approve. Participants may need to attend anger management classes, counseling, or other programs. The goal is to prevent future violence and teach better ways to handle conflict.

Completing the program can lead to reduced penalties or dismissed charges. If you are facing domestic violence charges, a local California lawyer can help you determine if this program is an option for your case.

Eligibility and Legal Framework

Domestic violence diversion programs are available for some first-time offenders. The court evaluates the case, ensuring the defendant meets strict eligibility rules.

Program Components

Participants may need to complete anger management, counseling, or education courses. The focus is on preventing future incidents.

Completion and Legal Outcomes

Successful completion may lead to reduced penalties or dismissal of charges. However, eligibility for these programs varies based on the severity of the offense.

DUI Diversion Programs

DUI diversion programs in California give some people a chance to avoid serious penalties for driving under the influence. These programs are not available for everyone, but some courts allow them in special cases, like for military veterans.

Participants must complete requirements like attending classes or treatment programs. The goal is to address the reasons behind the DUI, such as alcohol or drug problems.

Finishing the program can lead to lighter penalties or even dismissed charges. If you are facing DUI charges, a lawyer can help you explore whether a diversion program is an option for your case.

DUI Diversion Program Availability and Legal Considerations

California's DUI diversion options are limited. Courts rarely offer this program except in specific situations, such as for military veterans under a military diversion program or military and veteran diversion. However, individuals charged with DUIs may explore alternative sentencing options with legal assistance.

FAQs

What is a pretrial diversion program?

A pretrial diversion program allows eligible individuals to avoid criminal prosecution by completing a rehabilitation program.

Who qualifies for a drug diversion program?

Yes, these programs help veterans address issues like PTSD or substance abuse. They provide tailored support and rehabilitation instead of traditional penalties.

Can mental health issues affect eligibility?

Yes, certain California drug crimes involving minor offenses fall under diversion programs, including those outlined in the California Health and Safety Code.

Do diversion programs clear my criminal record?

Diversion programs rarely apply to firearm possession offenses unless tied to specific circumstances, such as mental health issues or veteran cases.

Are military veterans eligible for special programs?

Eligibility depends on the offense, prior criminal record, and program type. Consulting a lawyer ensures you explore all options, including military, health, and drug-related programs.

Contact Our Los Angeles Lawyers Today

If you are facing criminal charges, a pretrial diversion program could help you avoid a conviction. The skilled criminal defense attorneys at Perlman & Cohen Los Angeles Criminal Lawyers can help you understand these programs and check if you qualify.

These programs focus on helping people instead of punishing them. Completing the program successfully can lead to dropped charges and a clean criminal history. This means you can avoid problems like finding a job or housing in the future.

Perlman & Cohen Los Angeles Criminal Lawyers give personal attention to every case. We work hard to get the best outcome for you. Whether your charges involve drug-related offenses, mental health issues, or other eligible crimes, we will protect your rights.

Contact us today to learn how they can help you and explore your legal options.

Aggravated trespass is a serious offense under California law. Unlike regular trespassing, aggravated trespassing involves additional factors that make the situation more complex. Knowing what this charge entails and how California law handles such cases is essential.

Aggravated trespass charges can lead to severe penalties, especially if someone felt genuinely threatened or harm was involved. In Los Angeles, aggravated trespass cases are taken seriously. Each detail in a case, including intentions and the circumstances surrounding the entry, affects the outcome.

Knowing the legal consequences is crucial for individuals facing aggravated trespassing charges. Having a knowledgeable Los Angeles aggravated trespassing lawyer at Perlman & Cohen by your side can make a difference.

Learn more about how to defend against aggravated trespass accusations below. Then, contact us for a free case consultation.

What Is Aggravated Trespassing?

In California, aggravated trespass occurs when someone enters another person’s property intending to cause harm, fear, or intimidation. California criminal law differentiates between standard trespassing and aggravated trespass, and the penalties reflect these distinctions.

How Aggravated Trespassing Differs from Standard Trespassing

Aggravated trespass is more severe than standard trespassing. Unlike basic trespassing, it involves a more serious threat, making it a higher offense under California law. California Penal Code § 602 defines aggravated trespass as entering property with harmful intent.

While basic trespassing involves unlawfully entering someone’s property, aggravated trespass includes an added intent to cause fear or harm. This intent element raises the offense level, often leading to more severe legal consequences.

If someone enters a property intending to cause harm or instill fear in the owner, it can lead to an aggravated trespass charge.

An aggravated trespass conviction shows that someone entered with harmful intent, making it more serious than minor trespassing. California law enforces tougher penalties to protect property owners from credible threats. This offense carries stricter penalties and long-term consequences.

Common Scenarios Leading to Aggravated Trespassing Charges

Entering a property with intent to scare.

Under California law, entering someone’s property to instill fear qualifies as aggravated trespass. If actions or words show intent to intimidate, it can result in charges.

Refusing to leave after a warning.

Aggravated trespass charges may apply if someone refuses to exit after being asked, especially if their presence causes the owner to feel threatened.

Targeting specific individuals or locations.

California criminal jury instructions often emphasize intent. For example, showing up at someone’s residence after a conflict to frighten them can lead to an aggravated trespass charge.

Entering with potentially harmful items.

Bringing items that could harm or instill fear, such as weapons, also constitutes aggravated trespass under California law, as it creates a hostile situation.

Legal Penalties for Aggravated Trespassing

Aggravated trespassing has serious penalties; a felony conviction can lead to long-lasting effects. California law treats aggravated trespass as a major offense, especially when fear or harm is involved. A few key points to keep in mind include:

Misdemeanor vs. Felony Aggravated Trespassing

Aggravated trespassing can be charged as a misdemeanor offense or a felony. The level of the charge depends on the case details. If the intent to cause fear or harm is minimal, the charge may be classified as a misdemeanor, which typically carries lighter penalties.

Felony aggravated trespassing, however, means the threat was severe. This charge carries more serious consequences, like longer jail time and higher fines. Whether charged as a misdemeanor or felony, aggravated trespassing has lasting effects. A conviction on any level affects a person’s record, so knowing the difference is vital.

Potential Fines, Jail Time, and Probation

Aggravated trespassing charges often lead to fines, jail time, or probation. Penalties for criminal trespassing vary based on the case details. In Los Angeles County, jail sentences for serious cases can range from a few months to over a year.

If you are convicted of aggravated trespassing under PC 601, the penalties depend on whether you are charged with a misdemeanor or a felony. If convicted of a misdemeanor, you could face a year in county jail and a fine of up to $2,000. If you are convicted of a felony, you could face up to three years in state prison and a fine of up to $10,000.

Your lawyer could potentially help you avoid jail time altogether. Depending on the facts of your case, your lawyer could negotiate a plea deal to help you avoid jail time. Sometimes, the charges might be weak enough for your defense team to dismiss your case.

Long-Term Consequences

An aggravated trespassing conviction can bring serious long-term effects. Criminal trespassing can lead to a lasting criminal record, especially when threats or harm are involved. This record may limit job, housing, or educational opportunities.

If the incident involves criminal threats or serious bodily injury, the impact can be even more severe. Employers and landlords often view a criminal history as a risk, challenging daily life.

Aggravated trespassing leaves a mark that can follow someone for years. Knowing these consequences is essential for those facing this charge.

Defenses Against Aggravated Trespassing Charges

Several defenses can apply to aggravated trespass charges. A few examples of defenses we might use include mistaken identity, lack of intent, or the fact that you had permission to be on the property.

Legal defenses aim to question every part of the case, from entry reasons to intentions. Each defense highlights a different aspect of the incident that may benefit the accused.

Mistaken Identity

In aggravated trespass cases, mistaken identity is a common defense. Sometimes, another person may have committed the act, leading to false accusations. Proving this can involve showing evidence, like an alibi, that the accused was elsewhere.

Aggravated trespass charges are serious, but mistaken identity can significantly weaken the case. Witness statements, video footage, or other proof may demonstrate that the accused did not commit the aggravated trespass.

In California, this defense helps separate actual offenders from those wrongly accused, protecting the innocent from criminal convictions.

Proving Lack of Intent or Permission to Be on the Property

A strong defense for aggravated trespass involves showing no intent to harm or frighten. If the accused entered by mistake or without any harmful intentions, it can weaken the charge. Under California law, aggravated trespass requires proof of intent, so lacking it could challenge the case.

Another angle is proving that permission to enter was granted. If the property owner initially allowed entry, it may reduce the charge or lead to dismissal. Related offenses in California law often depend on intent and permission, so proving either can be key in defending against aggravated trespass.

Demonstrating That No Threat or Harm Was Intended

In some cases, the accused may argue they did not intend to cause fear or harm. However, establishing intent to create reasonable fear or make a credible threat is crucial for aggravated trespass charges; without this element, the charge may be challenged.

Criminal trespass cases often focus on whether the property owner felt threatened. Demonstrating that no harm was intended can help reduce the charge. If the actions lacked any threat or fear, the defense can argue that the incident does not meet the legal standard for aggravated trespassing.

Challenging the Evidence of Aggravation or Threat

Another defense is to question the evidence of threat or harm. For a criminal trespass charge to be aggravated, there must be proof of a credible threat. The defense can argue that the threat was not real or serious.

Under California Penal Code Section 422, credible threats are needed for an aggravated trespass conviction. If this proof is weak, the charge may not hold. Challenging any claim of aggravation or harm can help reduce the case’s strength. Without clear evidence, it is harder to prove aggravated trespass.

How a Lawyer Can Help With Aggravated Trespassing Charges

A lawyer experienced in aggravated trespass cases can make a big difference. They understand California law and know how to examine every detail of the case. A Los Angeles criminal attorney will look for gaps in evidence, intent, and the presence of any credible threats.

The lawyer will review the specific charges, find witnesses, and gather any helpful evidence. They may also negotiate to reduce the charges, especially if the evidence weakens. Sometimes, a lawyer can show that the accused had no harmful intent, helping to lower or dismiss the charges.

An experienced attorney can also guide clients through each step, ensuring they understand the process. Legal support can make navigating aggravated trespass charges more manageable. A lawyer provides strong defense options to protect against the consequences of aggravated trespass.

FAQs

What is aggravated trespass?

Aggravated trespass is entering someone’s property intending to cause fear or harm. California law views this as more serious than simple trespassing.

Is aggravated trespass a criminal conviction?

Yes, it is. It can result in penalties like fines, jail time, or probation.

How does California law handle aggravated trespass?

California law, Penal Code § 602, treats aggravated trespass as a serious crime. It requires proof of intent to cause fear or harm.

Can aggravated trespass lead to jail time?

Yes, it can, with sentences ranging depending on the severity.

How is criminal trespass different from aggravated trespass?

Criminal trespass may involve simple unlawful entry, while aggravated trespass includes an intent to harm or scare.

Contact Our Los Angeles Aggravated Trespassing Lawyer for a Free Consultation

If you’re facing aggravated trespass crime charges, our team at Perlman & Cohen is here to help. Criminal charges, especially those related to criminal trespassing, can affect many areas of life, from job prospects to housing. Our lawyers understand California law and have the skill and experience to handle aggravated trespassing cases effectively.

A free consultation allows us to discuss your situation and explore your options. We can guide you through potential defenses and outline steps to protect your rights. Whether it’s demonstrating a lack of intent or challenging the evidence of any credible threat, our team will work toward the best outcome.

Contact our Los Angeles aggravated trespassing lawyer today for a free consultation. We’re here to help you understand your case and find solutions.

In Los Angeles, the laws surrounding marijuana have evolved significantly. This reflects changes at both the state and societal levels. Awareness of your rights and obligations becomes important as these laws change. Perlman & Cohen is a leading law firm that navigates complicated cannabis laws for our clients. Our skilled cannabis attorneys are dedicated to providing top-notch legal services.

The legal landscape for marijuana in California can be puzzling. It has frequent updates and variations between medical and recreational use. Our Los Angeles marijuana lawyers are experts in the field. We provide clarity and defense for all marijuana-related legal issues. Understanding these laws is essential to addressing potential legal challenges.

At Perlman & Cohen, we focus on protecting your rights and ensuring you receive fair treatment under the law. Let our marijuana law lawyer defend your rights. Learn more about regulatory compliance regarding marijuana. Then, contact our cannabis attorney to schedule a free case consultation.

Overview of California Marijuana Legislation

California has been at the forefront of cannabis legalization in the United States. The state legalized medical marijuana in 1996 and recreational marijuana in 2016. This progressive stance has led to the development of a robust cannabis industry. However, despite legalization, there are still numerous regulations and laws that govern marijuana. They cover the use, possession, cultivation, and sale of marijuana. This includes both state and federal courts.

California cannabis law requires a deep knowledge of both state and local regulations. The laws are designed to regulate the marijuana industry while preventing illegal activities. Our firm stays updated on all legislative changes to provide clients with current and effective legal advice.

Distinctions Between Medical and Recreational Use

California law differentiates between medical and recreational marijuana use. Medical cannabis patients with valid prescriptions enjoy certain privileges. They may not be available to recreational users. These include higher possession limits and access to stronger strains needed for medical use. It's important to be aware of these differences to ensure compliance with the law.

Recreational marijuana is subject to more stringent regulations compared to medical marijuana. For instance, recreational users are limited in the amount they can carry and grow compared to medical users. These regulations ensure that marijuana use and distribution occur safely and within the boundaries of the law. Knowing these distinctions can help avoid legal issues and maximize the benefits of marijuana use legally.

Common Marijuana-Related Charges

Even with the legalization of marijuana, there are still several offenses related to its use and distribution that can lead to criminal charges in California. Awareness of these common charges can help you avoid legal trouble.

Legal Limits for Possession of Marijuana

In California, adults 21 and over can legally possess up to one ounce (28.5 grams) of marijuana or eight grams of concentrated cannabis. Possessing more than this could lead to charges of illegal possession. It's vital to adhere to these limits to avoid potential legal issues.

For individuals who need medical marijuana, the limits are higher. Medical users must have a valid recommendation from a physician. They can possess amounts reasonably related to their medical needs. Medical users need to carry their medical marijuana card. That way, they avoid misunderstandings with law enforcement.

Distribution and Trafficking

It is legal to sell marijuana in California through licensed dispensaries. However, illegal distribution or trafficking can lead to severe criminal charges. The unauthorized sale or transport of drugs and marijuana is prosecuted under California's drug trafficking laws. Penalties can be harsh, including long prison sentences and heavy fines.

It is vital to know the distinction between legal sales and trafficking. Only licensed entities are allowed to distribute marijuana legally. Our Los Angeles marijuana lawyers can help you become familiar with these regulations. We ensure that your cannabis business operates within legal boundaries, including cannabis business licensing.

Illegal Cultivation

Cultivating marijuana without proper licensing is illegal in California. Individuals can grow up to six plants for personal use. However, exceeding this number or growing without a license for commercial purposes can lead to criminal charges. The state takes illegal cultivation seriously. Penalties can include huge fines and imprisonment.

Our criminal defense lawyer team is experienced in handling cases related to illegal cultivation. We can help you comply with cultivation laws and defend those accused of violating them.

DUI of Marijuana

Driving under the influence of marijuana is illegal in California. Law enforcement uses various methods to determine impairment from marijuana. These include field sobriety tests and chemical testing. Convictions for marijuana DUI can result in penalties similar to alcohol DUI. These include driver's license suspension, fines, and even jail time.

Contesting this DUI charge requires recognizing the nuances of how impairment is tested. Our firm has extensive experience in challenging the evidence in these cases and protecting our clients' rights.

Legal Penalties for Marijuana Offenses

The penalties for marijuana offenses in California can vary widely depending on the type of offense and the individual's criminal history. For minor offenses, penalties may include fines and community service. Graver offenses can result in considerable jail time and larger fines. Specific statutes, such as Health and Safety Code 11357, govern these penalties. A first violation could lead to mandatory community service and education. Future violations could lead to substantial fines.

For example, possession of more than one ounce of marijuana is punishable under California Health and Safety Code 11357. This statute provides for a range of penalties. You need an experienced attorney to defend your rights in the face of marijuana laws.

Defense Strategies for Marijuana Charges

Developing a strong defense against marijuana charges is multifaceted. It requires a deep comprehension of the case's facts and the applicable laws. Our Los Angeles marijuana lawyers employ various strategies to defend our clients effectively.

Contesting the Legality of the Search and Seizure

One common defense strategy is to challenge the search and seizure that led to the discovery of marijuana. The evidence obtained may be considered inadmissible in court if the search was conducted without a valid warrant or reasonable suspicion. This can often result in the dismissal of charges.

Questioning the Accuracy of Testing Methods

Another defense approach involves questioning the accuracy of the testing methods used to detect THC levels in the body. In DUI and marijuana cases, proving that the testing methods were flawed or the results were inaccurate can be a crucial defense strategy.

Proving Legal Medical Use

Demonstrating that the marijuana was for legal medical use can be an effective defense. This requires presenting valid medical documentation. You must adhere to the legal requirements for medical marijuana use in California.

Demonstrating Lack of Intent to Distribute

In cases of possession, proving that there was no intent to distribute the marijuana can help reduce charges or lead to dismissal. This defense involves showing that the amount possessed was consistent with personal use and not intended for sale.

Eligibility for Expungement of Marijuana Charges

Many past marijuana convictions may be eligible for expungement under California law. This can clear their record and alleviate the long-term consequences of a conviction.

Process for Expunging Marijuana Convictions

The process for expunging a marijuana conviction involves filing a petition with the court. The petition must demonstrate that the individual has completed all terms of their sentence and has not committed any further crimes. The court will review the petition and decide whether to grant the expungement.

If granted, the expungement effectively seals the conviction from most public records. This improves the individual's ability to secure employment, housing, and other opportunities.

How a Los Angeles Marijuana Attorney Can Help

Our Los Angeles marijuana attorneys can provide invaluable assistance in a variety of ways:

• Navigating complex cannabis laws. We help you understand and comply with all aspects of California cannabis law, ensuring your actions are legal.
• Defending against marijuana charges. We use strategic defenses tailored to the specifics of your case to protect your rights and achieve the best possible outcome.
• Managing legal risks for cannabis businesses. We offer legal advice to those involved in the cannabis industry to help manage risks. We help you ensure compliance with state regulations.

Frequently Asked Questions

Can I get my marijuana charge reduced to a lesser offense?

Yes, often, charges can be reduced, especially if it's your first offense or if you can demonstrate that the marijuana was for personal use.

What are my rights if I'm pulled over and suspected of DUI of marijuana?

You have the right to remain silent and seek legal representation before answering questions or agreeing to testing.

How does a marijuana conviction affect my employment prospects?

A conviction can pose challenges. However, expu

ngement of your record can significantly improve your employment opportunities.

Contact Our Los Angeles Marijuana Lawyer for a Free Consultation

If you're facing marijuana-related charges, Perlman & Cohen can help you. Our experienced team of criminal defense lawyers is ready to help you navigate the intricacies of the law and protect your rights. Our criminal defense attorney in Los Angeles, CA, provides comprehensive legal services. Contact us today to schedule a free consultation.

Facing a misdemeanor charge in Los Angeles can be a stressful experience. It brings the stress of potential jail time, fines, and long-term effects on your life.

At Perlman & Cohen, our experienced criminal defense attorneys specialize in handling misdemeanor offenses. We address criminal offenses in Los Angeles County with precision and empathy. We aim to provide robust defense strategies that protect your rights and aim for the best possible outcome.

As a dedicated criminal defense law firm, we know the intricacies of the criminal justice system. We know how distressing misdemeanor charges can be for individuals and their families. Some are dealing with a first-time offense, and others have prior convictions.

Regardless, our Los Angeles misdemeanor attorneys are here to help. We ensure that every client receives personalized attention and the most effective legal representation. With Perlman & Cohen, you have the support of a team dedicated to fighting for your rights and securing a favorable resolution.

Learn more about what constitutes a misdemeanor offense below. Then, call our experienced criminal defense attorney for a free consultation.

Definition of a Misdemeanor

A misdemeanor is a criminal offense that is less severe than a felony but more grievous than an infraction. In California, misdemeanors could lead to time in the county jail. These charges cover a spectrum of offenses, from petty theft to simple assault.

Misdemeanors may seem less dire, but they can still have notable consequences. They remain on your criminal record and can affect your future opportunities.

It's important to take these charges seriously and seek knowledgeable legal counsel. Our criminal defense team knows the details of misdemeanor law and can guide you through the complexities of your case.

Differences Between Misdemeanors and Felonies

Misdemeanors and felonies differ mainly in the severity of their penalties. While felonies can lead to more than a year in state prison, misdemeanors typically result in less jail time, if any, and are served in county jail. This distinction affects not only sentencing but also your future rights and freedoms.

Felonies carry more severe consequences. A felony conviction could cause the loss of civil rights, such as voting and firearm possession.

Understanding these differences is essential when facing charges. The classification of your offense will influence the legal strategies employed by your attorney. Our firm ensures that clients are fully aware of their criminal charges and the potential outcomes.

Common Types of Misdemeanor Charges

Misdemeanors cover various offenses. They can change and burden your life if not handled properly.

Theft and Shoplifting

Theft and shoplifting are some of the most common misdemeanor offenses. Petty theft is unlawful taking property valued at $950 or less. A person commits shoplifting if they enter a commercial establishment during normal business hours intending to steal.

Each scenario can carry penalties that include fines, community service, or jail time. Having a strong defense is vital to reducing or potentially dismissing the charges.

DUI (Driving Under the Influence)

DUI charges are vigorously prosecuted in Los Angeles. Even as a misdemeanor, a DUI can result in driver's license suspension, fines, and mandatory educational programs.

Our attorneys have extensive experience in DUI defense. We help minimize the legal consequences and safeguard your driving privileges.

Assault and Battery

Assault and battery are treated as misdemeanors when they do not involve major physical harm. These charges can stem from numerous situations. They often carry implications beyond legal penalties, affecting personal and professional relationships.

Effective legal representation is necessary to ensure a fair trial and defense. Some types of domestic violence in California are also considered misdemeanors.

Drug Possession

Possession of controlled substances without intent to distribute can often be charged as a misdemeanor.

However, the specifics depend on the type and amount of drug involved. Our defense strategies consider all aspects of your case, including potential substance abuse issues and alternative sentencing like rehabilitation.

Vandalism

Vandalism, including graffiti and property damage, is typically prosecuted as a misdemeanor. Penalties may include fines, community service, and, in some cases, jail time. Defending against vandalism charges requires proving a lack of intent or disputing the extent of the alleged damage.

Legal Penalties for Misdemeanors in California

The penalties for misdemeanors in California vary depending on the offense and the individual's criminal history.

Generally, these penalties can include up to one year in county jail, fines, or probation. Specific laws outline the consequences for each type of misdemeanor, emphasizing the importance of understanding your charges.

For example, California Penal Code 242 defines battery as a misdemeanor punishable by up to six months in county jail and/or a fine of up to $1,000.

However, the penalties could be much worse if the crime led to a major injury. Our attorneys are adept at navigating these statutes to advocate for reduced penalties or alternative sentencing options like community service or rehabilitation programs.

Impact on Criminal Record and Future Opportunities

A misdemeanor on your criminal record could hinder job prospects, educational opportunities, and more. It can affect your ability to obtain professional licenses and influence your social and community standing.

The long-term effects of a misdemeanor conviction underscore the need for effective legal representation to clear your record through expungement or possibly sealing.

A permanent criminal record can close doors that might otherwise lead to future success. Our firm focuses on the immediate legal battle and the broader repercussions of a misdemeanor conviction. We work diligently to defend your present and protect your future.

The Misdemeanor Legal Process

1. Arrest and Booking. If you're arrested for a misdemeanor, you will be taken into custody and booked, which involves recording your personal information and the notes of the alleged crime.
2. Arraignment. You will hear the charges against you during the arraignment and enter a plea. Our attorneys provide counsel on whether to plead guilty, not guilty or no contest.
3. Pre-trial Motions and Hearings. We may file motions to dismiss charges or suppress evidence and represent you during any hearings before the trial.
4. Trial. If your case goes to trial, we will present evidence, cross-examine witnesses, and argue your case before a judge or jury.
5. Sentencing. If you are convicted, the sentencing phase will determine your penalties. We advocate for minimal penalties or alternative sentencing options.
6. Appeals. Should the need arise, we can file an appeal to challenge the trial's outcome based on procedural or substantive grounds.
7. Expungement. After you fulfill the terms of your sentence, we can assist you in applying for expungement to clear your misdemeanor from public records.

Defense Strategies for Misdemeanor Charges

Effective defense strategies are crucial in handling misdemeanor charges. Our team employs various tactics based on the specifics of each case.

Challenging the Evidence

We review the evidence the prosecution collects to identify any weaknesses or inconsistencies. This can include questioning the credibility of witnesses or the legality of evidence obtained during the investigation.

Questioning the Validity of Arrest Procedures

Our defense often involves challenging the procedures used during your arrest. If law enforcement violated your rights or did not adhere to proper protocol, we might be able to have the charges reduced or dismissed.

Presenting Alibi and Witness Testimonies

Presenting an alibi or witness testimony can be a powerful defense. These testimonies can corroborate your whereabouts and challenge the prosecution's account of events.

Negotiating Plea Deals

In some cases, negotiating a plea deal may be the best strategy. This can lead to reduced charges or penalties, particularly for first-time offenders or when the evidence against you is not strong.

Expungement and Record Sealing for Misdemeanor Convictions

Clearing a misdemeanor from your record can significantly improve your life. In California, expungement and record sealing are legal processes that can help achieve this.

Expungement involves a court reviewing your case. Then, it could potentially dismiss the convictions from your record. This process can remove many of the barriers associated with a misdemeanor conviction. Securing employment or housing should get easier.

Record sealing goes further by making the record virtually inaccessible through normal means. This is particularly useful for cases that did not result in a conviction or were dismissed, providing a clean slate.

How Our Los Angeles Misdemeanor Attorney Can Help You

Our team at Perlman & Cohen provides comprehensive support throughout the misdemeanor process:

• Expert legal analysis. We review every detail of your case to develop a tailored defense strategy.
• Personalized representation. Each client receives individual attention and representation tailored to their unique situation.
• Negotiation with prosecutors. Our experienced attorneys negotiate with prosecutors to achieve the best possible outcome. This could be a reduced charge or a more favorable sentencing arrangement.

Frequently Asked Questions

What should I do if I'm arrested for a misdemeanor?

Remain calm, do not discuss your case with anyone, and contact an attorney as soon as possible.

Can a misdemeanor be reduced to an infraction?

Yes, sometimes, a misdemeanor can be reduced to an infraction, resulting in less severe penalties.

How will a misdemeanor conviction affect my future?

A conviction can affect job opportunities and housing, but expunging your record can mitigate these effects.

Contact Our Los Angeles Misdemeanor Attorney for a Free Consultation

If you're facing misdemeanor charges in Los Angeles, you must act quickly. It is time to secure skilled legal representation. Both misdemeanor and felony convictions could lead to substantial penalties.

Contact us today for a free consultation with our criminal defense lawyers.

Have you been accused of driving under the influence? Safety comes first for all drivers of motor vehicles. If you have been accused of a DUI, your California driver's license could be at risk. At Perlman & Cohen Los Angeles Criminal Lawyers, our Los Angeles DMV hearing attorney is ready to defend you.

You need a Los Angeles DUI lawyer with you at all potential DMV hearings. The stakes are high at a DMV administrative hearing, and our experienced DMV hearing lawyer is ready to present your case.

A DMV hearing is not the same as a criminal court process. Learn more about DMV hearings below. Then, contact our Los Angeles DMV Hearing Attorney for a free consultation

Our Los Angeles DMV Hearing Attorney Fights for Your Driving Privileges

For many people charged with DUI or other major traffic crimes in the Los Angeles area, protecting their driving privileges is a critical priority. The first thing to recognize is that you must act promptly—within ten days after a DUI arrest and subsequent release—to schedule your DMV hearing and have any chance of avoiding an automatic license suspension or revocation.

At the Law Offices of Daniel R. Perlman, we take the pressure off your back and handle the scheduling of your DMV hearing at no cost. This allows you to meet with us about engaging our services without the pressure imposed by the DMV deadline. 

We can then get right to work investigating and preparing your case based on your goals, recognizing that your livelihood and family well-being could well depend on your ability to drive.

Purpose of DMV Hearings Following a DUI Arrest

After a DUI arrest in Los Angeles, a DMV hearing is an important step that determines whether you can keep your driving privileges. This hearing is separate from your criminal court case, which deals with the legality of the DUI charge itself.

The DMV hearing focuses specifically on your driving rights and whether your license should be suspended. Requesting this hearing within a certain time frame after your arrest is essential, or you'll automatically lose your license.

The DMV hearing allows you to argue against suspending your driver's license. You can present evidence, question witnesses, and challenge the DUI charge in terms of how it affects your driving status. This is your opportunity to make a case for keeping your license while your criminal trial proceeds. It's a critical component of managing the consequences of a DUI arrest.

Differences Between DMV Hearings and Criminal Court Trials

DMV hearings are administrative procedures, not criminal trials. They are conducted by a DMV hearing officer, not a judge, and the rules of evidence are more relaxed than in criminal court. The main question they address is whether your driving privileges should be suspended based on the evidence of DUI. This hearing does not determine guilt or innocence in terms of the law.

In a DMV hearing, there's no prosecution, but the hearing officer acts somewhat like a judge and prosecutor combined. You can have an attorney represent you, present evidence, and cross-examine any witnesses.

Unlike criminal trials, the standard of proof is lower; the officer needs only to find that it's more likely than not that you were driving under the influence. This makes it easier for them to decide against you, so having skilled representation is vital. You do not want the California Department of Motor Vehicles to take your driving privileges. Contact us today for a free consultation.

Importance of DMV Hearings

DMV hearings are critical because they are the only chance to contest the automatic suspension of your driver's license after a DUI arrest. Your license is typically suspended automatically if you don't request a hearing.

The hearing is about keeping your license and gathering and presenting evidence that may be beneficial in your criminal case. Successfully arguing against license suspension can considerably ease personal and professional disruptions while you deal with the DUI charge.

Consequences of a DUI on Driving Privileges

A DUI conviction can lead to suspending or revoking your driving privileges. This suspension can affect your ability to commute to work, fulfill personal obligations, and maintain your livelihood, especially if driving is critical to your job. The DMV hearing is your first line of defense to maintain your driving rights while your criminal case is pending.

Timing and Critical Nature of DMV Hearings

You must request a DMV hearing within ten days of your DUI arrest. Failing to do so will automatically suspend your license, often before your criminal trial begins. This makes the DMV hearing important and critical in managing the immediate impacts of a DUI arrest on your life. Acting quickly to secure a hearing is essential.

Are You Prepared For A DMV Hearing For DUI Charges In Los Angeles?

The standard that applies in California courtrooms, "guilty beyond a reasonable doubt," does not have to be met for a DMV hearing officer to suspend your driver's license.

A public defender will not represent you when you appear for an Administrative Per Se (APS) hearing after a DUI arrest or other type of DMV proceeding. There are likely only three ways to successfully challenge the DMV's case, and it is nearly impossible without an attorney.

Our firm will seek to effectively challenge whether there was a legal stop or lawful arrest and whether you were, in fact, over the legal limit when stopped.

Preparing for a DMV Hearing

Preparing for a DMV hearing requires awareness of the evidence against you and how it will be examined. You'll need to gather documents, prepare testimony, and possibly subpoena witnesses. This preparation can make the difference between keeping and losing your driving privileges.

Necessary Documentation and Evidence for the Hearing

You should bring all relevant documents to your DMV hearing, including your arrest report, any breathalyzer or chemical test results, and a driving history record. This documentation can help build a case for why your driving privileges should be maintained. It's also wise to prepare a statement or gather statements from witnesses who can support your character or details of the incident.

Your attorney can help you decide which documents are needed and how they should be presented to strengthen your case. Proper organization and presentation of evidence can highly impact the outcome of the hearing. Ensuring that all paperwork is properly filed and adhering to deadlines is important.

Strategies for Effective Defense at the Hearing

• Challenge the accuracy of the breathalyzer or blood test results. Pointing out flaws in how the tests were administered or how the equipment was maintained could cast doubt on the reliability of the evidence.
• Question the officer's observations and procedures. If there were any irregularities in how the DUI arrest was conducted, these could be grounds to contest the license suspension.
• Present evidence of a clean driving record. A history of safe driving can be persuasive in showing that you are not a habitual risk on the road.
• Argue for the necessity of driving privileges. Demonstrating a critical need for a driver's license due to work or family obligations might sway the outcome in your favor.
• Use legal precedents. Referencing previous similar cases where licenses were not suspended could help your argument.

Legal Representation at DMV Hearings

A knowledgeable defense attorney representing you at your DMV hearing can increase your chances of retaining your driving privileges. An experienced lawyer knows the procedures and what evidence is most effective.

Benefits of Having an Attorney Represent You

• Understanding of DMV procedures. Attorneys experienced in DUI cases are familiar with DMV hearing protocols and can go through them effectively.
• Ability to present and challenge evidence. Lawyers can manage the technical aspects of presenting your case and challenging the state's evidence.
• Experience with negotiation. An attorney may be able to negotiate conditions that could result in a restricted license rather than a full suspension.
• Preparation and filing of necessary paperwork. Ensuring that all documents are correctly prepared and submitted on time is something an experienced attorney will handle efficiently.
• Representation without emotional involvement. An attorney will represent you objectively and professionally, focusing solely on the best outcome.

How an Attorney Can Influence the Outcome

An attorney can make a substantial difference in a DMV hearing by presenting a well-prepared and compelling argument for why your license should not be suspended. They bring experience and legal knowledge that most laypeople simply don't have. 

A lawyer's awareness of legal standards and evidence can turn a potentially negative outcome into a more favorable one. Their ability to dissect the prosecution's case and highlight weaknesses is invaluable.

Additionally, an attorney's presence signals to the DMV that you are sincere about protecting your rights, potentially influencing the demeanor and thoroughness of the hearing officer.

Common Outcomes of DMV Hearings

The outcomes of DMV hearings can range widely, from full retention of driving privileges to complete suspension of your license. Knowing what's at stake is essential for preparing adequately.

Possible Decisions and Their Implications

The DMV can decide to suspend your license, offer a restricted license that allows you to drive under specific conditions, or dismiss the action against your license altogether. Each outcome has different implications for your ability to drive and manage daily responsibilities.

A full suspension means you cannot legally drive under any circumstances, while a restricted license might allow you to drive to work and back.

Challenges in DMV Hearings

DMV hearings can be challenging because they involve complex legal and procedural issues. Proper preparation is important for successfully navigating these challenges.

Common Issues Faced During These Hearings

• Interpreting complex evidence. Knowing and arguing about technical data from blood alcohol content tests can be challenging without legal experience.
• Navigating legal procedures. The unique procedures and rules of evidence in DMV hearings can be difficult to manage effectively for those without legal training.
• Dealing with subjective judgment. Hearing officers have a degree of discretion, and their subjective judgment can influence the outcome. This includes how the hearing officers interpret information from the police officer.
• Time constraints. DMV hearings are often scheduled quickly, and preparing effectively in a short time frame can be difficult.
• Emotional stress. The stress of potentially losing your driving privileges can affect your ability to present your case effectively.

We Defend Against All Serious Driving Charges

We will offer clear, practical counsel on your chances of avoiding driver's license suspension and/or obtaining a restricted license for work. We will explain the essential steps for protecting your right to license reinstatement in the future.

Our experience defending standard and commercial drivers, both in court and in DMV proceedings, extends across the spectrum of severe driving offenses such as:

• Misdemeanor or felony DUI, including underage DUI, DUI drugs , and cases of DUI with injury, vehicular manslaughter, or child endangerment
• Hit-and-run
• Reckless driving

We want to protect your right to operate a motor vehicle. Contact us today.

Contact Our Los Angeles DMV Hearing Attorney for a Free Case Consultation

At Perlman & Cohen Los Angeles Criminal Lawyers, we would be honored to defend you. To talk with one of our Los Angeles DMV hearing lawyers about your case, your options, and what we will work to accomplish for you, call or e-mail our firm.

Let our Los Angeles DMV Hearing Attorney provide you with a strong defense. Contact us today to schedule a case consultation.

The situation might seem overwhelming and frightening when facing fraud charges in Los Angeles. You need a legal team that knows the complexities of fraud law and has a proven track record of defending such cases effectively.

At Perlman & Cohen Los Angeles Criminal Lawyers, our Los Angeles fraud lawyers specialize in navigating these challenging waters. We are here to help you understand the charges against you and to provide a strong defense.

Our law firm recognizes the critical nature of your situation and its impact on your life. A fraud accusation can damage your reputation, career, and personal relationships. That's why our lawyers dedicate themselves to your defense, ensuring you receive a fair trial.

With Perlman & Cohen, you gain a partner who will fight for your rights and aim to secure the best possible outcome.

Our Los Angeles Fraud Lawyer Is Here To Defend Your Rights

At Perlman & Cohen, our Los Angeles fraud lawyer knows that being accused of a fraud crime can be a stressful experience. We are committed to defending your rights and providing the strongest possible defense.

Our team will meticulously analyze the evidence, challenge any procedural errors, and question the credibility of the witnesses against you. We aim to dismantle the prosecution's case piece by piece.

Our approach is thorough and proactive. We begin working on your defense from the moment you engage us.

By knowing every detail of your case, we can craft a strategy that addresses the specific nuances of your situation. We aim to reduce or eliminate the charges against you, minimizing the impact on your future.

Definition of Fraud Los Angeles

Fraud in Los Angeles involves deceit or concealment to deprive someone else of their rights or property unlawfully or to secure an unfair advantage. The legal definition encompasses various activities requiring an intent to deceive. Fraud can be prosecuted under various statutes, depending on the nature of the fraudulent act and the values involved.

Fraud is a heavy offense that can be charged as a misdemeanor or a felony in Los Angeles. The severity of the charges often depends on the amount of money involved and the case's specific circumstances. Fraud covers everything from check fraud to complex financial schemes.

Common Examples. Identity Theft, Credit Card Fraud, Mortgage Fraud, and Insurance Fraud

Identity theft is a major issue in Los Angeles. It involves using someone else's personal information without their permission, typically for financial gain.

Identity thieves might open new credit accounts, file fake claims for medical coverage, or obtain a job using the victim's information. The consequences for victims can be devastating, taking years to resolve fully.

Credit card fraud happens if someone unlawfully uses another person's credit card information to access cash or buy items. Criminals may obtain this information through lost or stolen cards, phishing scams, or data breaches. Once they have access, they can quickly rack up considerable charges before the fraud is even detected.

Insurance fraud includes any act committed to fraudulently obtain payment from an insurer. This might involve exaggerating claims, fabricating injuries, or causing intentional property damage. Los Angeles sees various insurance fraud cases, from staged automobile accidents to mail fraud to faked property theft. This includes automobile insurance fraud.

Mortgage fraud is particularly relevant in the real estate market in Los Angeles. It can involve falsifying income documents to secure loans or inflating property values to obtain larger mortgages. 

Both buyers and industry professionals can be implicated in mortgage fraud schemes. This includes foreclosure fraud.

Steps You Should Take If You Are Accused of Fraud

If you are accused of committing fraud, take these steps immediately:

1. Do not discuss the case. Do not discuss the details of the case with anyone but your lawyer. Anything you say can be used against you.
2. Contact a lawyer immediately. Engage a Los Angeles fraud lawyer as soon as possible to prepare your defense.
3. Preserve evidence. Keep any documents, emails, or other materials related to the accusations. They might be needed for your defense.
4. Document interactions. Write down all interactions you have regarding your case, including dates, times, and a summary of conversations.
5. Follow legal advice. Always follow the advice of your lawyer. Their experience is your greatest asset in navigating the legal system.
6. Stay off social media. Do not share anything regarding your case on social media platforms. This information can be misinterpreted and used against you.
7. Prepare financially. Set aside funds for bail, if required, and for the costs associated with mounting a legal defense.

Do Not Wait Until Charged To Call Us

If you suspect you are under investigation for fraud, do not wait to get charged before seeking legal help. Contacting us early in the process can highly improve your chances of a favorable outcome.

Our Los Angeles fraud lawyers can often intervene effectively before charges are even filed. Early action can sometimes prevent charges from being brought or considerably reduce the severity of the case against you.

Engaging our services early allows us more time to develop a comprehensive defense strategy. We can start gathering evidence, securing expert witnesses, and negotiating with prosecutors immediately. This proactive approach can be critical in fraud cases, where the amount of documentation and the complexity of the evidence can be overwhelming.

Penalties for Fraud Convictions

The penalties for a fraud conviction in federal court or in Los Angeles can be severe. They may include jail or prison time, substantial fines, and long probation periods. Moreover, a fraud conviction can carry considerable social stigma and long-lasting effects on your personal and professional life.

Under California Penal Code Section 186.11, if the fraud involves an amount over $100,000, the court may impose additional penalties, including longer prison sentences and larger fines.

This "aggravated white-collar crime enhancement" reflects the critical nature of major fraud offenses and the substantial impact they can have on victims. The exact nature of the sentence will hinge on a number of factors. Those convicted could face multiple years in federal prison.

Factors Influencing Sentencing

• Amount involved. The total value of the fraudulently obtained assets highly impacts sentencing. Larger amounts typically lead to harsher penalties.
• Victim impact. The impact on the victims can also influence sentencing. Severe emotional or financial harm to victims can result in stiffer penalties.
• Defendant's history. A defendant with prior convictions may face harsher sentences compared to a first-time offender.
• Cooperation with authorities. Defendants who cooperate with investigators and assist in resolving the fraud may receive more lenient sentences.
• Mitigating circumstances. Any mitigating factors, such as the defendant's personal circumstances or the role in the offense, can influence sentencing.

Defenses Against Fraud Charges

• Lack of intent. Proving that there was no intent to commit fraud is a powerful defense. Fraud requires intentional deception, so demonstrating a lack of fraudulent intent can negate the charges.
• Mistake of fact. If the accused believed their actions were legal or based on incorrect information, this might be a valid defense.
• Insufficient evidence. A defense may also focus on the insufficiency of the prosecution's evidence. If they cannot prove each element of the crime beyond a reasonable doubt, the charges should not stand.
• Entrapment. If law enforcement induced the defendant to commit the offense, entrapment might be a viable defense.
• Duress. This can be a defense if the defendant committed fraud under duress, such as being threatened with harm unless they participated.

Should You Go To Trial?

Deciding whether to go to trial for a fraud case is a major decision. This process can be lengthy and stressful, but it may be needed to clear your name fully. Our lawyers will help you know the implications of each path.

Should You Take a Plea?

Taking a plea deal can sometimes be the best strategic move. It might result in reduced charges or a lighter sentence. But making this decision with comprehensive legal advice is essential, considering all possible implications.

Can You Get My Case Dismissed?

Our goal is the best possible result for our clients, which can sometimes mean getting the case dismissed. We will explore every legal avenue to challenge the prosecution's case and argue for dismissal based on procedural errors, rights violations, or insufficient evidence.

Let Our Los Angeles Fraud Lawyer Fight for You

When you choose Perlman & Cohen, you are not just getting a lawyer; you are getting an experienced lawyer and a dedicated advocate. Our Los Angeles fraud lawyer will stand by your side throughout the entire process. We have knowledge of the nuances of fraud defense and are prepared to use our knowledge to your advantage.

With Perlman & Cohen, you receive personalized attention and a tailored defense strategy intended to safeguard your rights and interests. We believe in a hands-on approach and ensure that you are informed and involved at every step of your case.

FAQs

Contact Our Los Angeles Fraud Lawyer for a Free Consultation

If you are facing securities fraud charges, Perlman & Cohen can help you. Our Los Angeles fraud lawyer will help defend you against these charges.

Fraud crimes are prosecuted heavily in California, and you need an experienced criminal defense attorney. You could potentially face a felony conviction. If you have been accused of financial fraud in Los Angeles County, contact us today to schedule a free case consultation.

In California, a misdemeanor is a criminal offense punishable by up to a year in jail. Misdemeanor charges in LA can be daunting. They are not just a simple legal issue. They affect your life, your future, and your peace of mind. Many people think misdemeanors are minor and won't have much impact.

In reality, they can still lead to major consequences. At Perlman & Cohen Los Angeles Criminal Lawyers, we can provide you with the defense you deserve.

Misdemeanors in Los Angeles are more than just a slap on the wrist. They can lead to prison time, fines, and a mark on your criminal record that doesn't easily go away. This charge can change how the world sees you and limit your opportunities. It's crucial to understand what you're up against and get the right legal help.

Overview of Misdemeanor Offenses in Los Angeles

Misdemeanor offenses in Los Angeles cover a broad range of criminal activities. They are considered less serious than felonies but more severe than infractions. If convicted, you could face time in county jail up to a year. The exact sentence depends on the crime. These charges can disrupt your life significantly.

Misdemeanors include acts like petty theft, some types of drug crimes, and harassment. Each carries its own set of penalties and legal challenges. Los Angeles law treats these offenses seriously, and so should you. A conviction can stay on your permanent criminal record, affecting many aspects of your life.

Common Types of Misdemeanor Charges

• Petty theft: Taking someone's property without permission falls under petty theft and is worth $950 or less. This can result in jail time and fines.
• Driving under the influence (DUI): Driving a vehicle while impaired by alcohol or drugs. Conviction often results in a license suspension and mandatory DUI classes.
• Public intoxication: Being under the influence of alcohol or drugs in a public space causes a disturbance. It can trigger an arrest and jail time.
• Simple assault: Attempting or threatening physical harm against another person. This does not involve a weapon or serious injury.
• Disorderly conduct: Engaging in disruptive behavior in public, such as fighting or causing a commotion. Penalties include fines and potential jail time.
• Trespassing: Entering or remaining on someone's property without permission. This can result in jail time and fines.
• Shoplifting: Removing items from a business without paying for them. Convictions often include victim restitution and possible jail time.

Distinctions Between Misdemeanors and Felonies

Misdemeanors and felonies are two main categories of criminal offenses, with more severe felonies. While felony convictions can lead to years in prison, misdemeanors typically carry county jail sentences.

Felony offenses in Los Angeles are always prosecuted by the Los Angeles County District Attorney's Office, misdemeanors may be filed by either the district attorney or by a City Attorney, depending on where the offense occurred.

The defendant's criminal history can affect sentencing in both cases. Understanding these differences is crucial for anyone facing criminal charges.

Felonies often involve violence or serious harm, while misdemeanors usually do not. Despite their differences, both can leave a lasting mark on your criminal record. This distinction highlights why even misdemeanor charges require a serious legal defense. It's important not to underestimate the impact of a misdemeanor conviction.

Legal Consequences of a Misdemeanor Conviction

A misdemeanor conviction comes with several legal consequences. These can include jail time, fines, probation, and community service. Beyond the immediate penalties, a conviction can also lead to a permanent criminal record, which can affect one's life long after serving one's sentence.

Besides the direct penalties, there are other repercussions, such as difficulty finding employment and housing. Employers and landlords often conduct criminal background searches; a misdemeanor can be a red flag. Education opportunities might also be limited, as some scholarships and programs have strict eligibility criteria.

Long-Term Impacts on Employment, Housing, and Education

The effects of a misdemeanor conviction go beyond legal penalties. It can make it hard to get a good job, as many employers hesitate to hire someone with a criminal record. Finding a place to live can also become challenging, with many landlords conducting criminal background checks.

Education opportunities can also be affected. Some colleges and scholarships might be out of reach if you have a misdemeanor on your record. These long-term impacts highlight the need for a strong defense strategy to avoid a conviction or minimize the consequences.

The Steps in the Criminal Justice Process for Misdemeanors

1. Arrest: Law enforcement arrests you if they believe you've committed a misdemeanor. You might be taken to jail or given a citation to appear in court.
2. Arraignment: Your first court appearance. You'll listen to the charges read against you and enter a plea.
3. Pre-trial hearings: These hearings determine if there's enough evidence for the case to proceed. It's also a time when plea bargains may be discussed.
4. Trial: If your case goes to trial, the prosecution and defense explain their evidence and put forth their arguments. A judge or jury then decides your guilt.
5. Sentencing: If convicted, this is when you receive your sentence. Misdemeanor sentencing can include jail time, fines, and other penalties.
6. Probation: Instead of jail up to a year, you might be placed on probation, requiring you to follow certain rules and check in with a probation officer.
7. Appeal: If you believe there was a legal error in your case, you can appeal the conviction or sentence.

The Role of Plea Bargaining in Misdemeanor Cases

Plea bargaining is a crucial part of the misdemeanor process. It involves negotiating a deal with the prosecutor, where you might plead guilty to a lower charge or receive a lighter sentence. This can be a way to skip the uncertainty of a trial and avoid a harsh penalty.

Plea deals require careful consideration and the advice of a skilled Los Angeles criminal defense attorney. Accepting a deal means you waive certain rights, including your right to a trial. However, in some cases, it might be the best option to minimize the impact of the charges on your life.

Defense Strategies for Misdemeanor Charges

• Challenging the evidence: Your lawyer can question the validity of the evidence against you, such as the accuracy of a DUI test.
• Negotiating plea deals: An experienced criminal defense attorney can negotiate favorable plea deals, reducing charges or sentences.
• Asserting constitutional violations: If your rights were violated during the arrest or investigation, the charges might be dropped or reduced.
• Utilizing witness testimonies: Witnesses supporting your version of events can be crucial in disproving the prosecution's case.
• Exploring diversion programs: Diversion programs, which focus on rehabilitation, can offer an alternative to jail for first-time offenders.

Exploring Alternative Sentencing and Diversion Programs

Alternative sentencing and diversion programs can be lifesavers for those facing misdemeanor charges. These programs focus on rehabilitation instead of punishment and might include community service, educational courses, or substance abuse treatment.

Participation in these programs often leads to the charges being reduced or dismissed. However, eligibility varies, and not everyone qualifies. It's important to have a Los Angeles criminal lawyer who knows the options and can advocate for your participation.

Common Misconceptions About Misdemeanor Charges

• "It's just a misdemeanor; it won't affect my future": Even a misdemeanor can have long-lasting impacts on employment, housing, and more.
• "I don't need a lawyer for a misdemeanor": Skilled legal representation can significantly affect the outcome of your case.
• "Misdemeanors don't lead to jail time": Many misdemeanors carry the potential for jail time, especially without a strong defense.
• "The court will go easy on a first-time offender": While courts can be more lenient with first-time offenders, this is not guaranteed.
• "Plea bargains are only for guilty people": Plea bargains can be a strategic choice to avoid the risks of trial, regardless of guilt.

Tailoring Defense Tactics to Individual Case Circumstances

Every misdemeanor case is unique. A defense strategy that works for one person might be wrong for another. It depends on the case details, the evidence, and the defendant's criminal history. A personalized approach is critical.

The best defense considers all aspects of your case, from the charges to your circumstances. This tailored strategy aims to achieve the best possible outcome, whether a dismissal, a reduced charge, or a lighter sentence. It's about finding the right path for you.

Why You Need a Los Angeles Criminal Lawyer for a Misdemeanor Charge

• Understanding the law: A Los Angeles criminal lawyer knows the ins and outs of local laws and can navigate the legal system effectively.
• Building a strong defense: An experienced lawyer can develop a defense strategy tailored to your case, increasing the chances of a favorable outcome.
• Negotiating skills: Lawyers can negotiate with prosecutors, potentially leading to reduced charges or alternative sentencing.
• Protecting your rights: A lawyer protects your rights throughout the criminal justice process.
• Peace of mind: Having a skilled professional on your side can provide peace of mind during a stressful time.

What to Expect During Your Consultation with Perlman & Cohen

During your consultation with Perlman & Cohen, you'll discuss the details of your misdemeanor charge. We'll review the evidence, explain the potential consequences, and outline possible defense strategies. This is a chance to ask questions and understand your legal options.

We'll also talk about the next steps in the process and how we can help. Our goal is to provide clear, straightforward advice and to start building a strong defense for you. It's about setting the foundation for a successful outcome.

Contact Perlman & Cohen for a Free Case Consultation To Discuss Your Misdemeanor Charge

Facing misdemeanor charges in Los Angeles doesn't have to be a journey you take alone. Perlman & Cohen Los Angeles Criminal Lawyers can provide you with a strong defense.

Even misdemeanor convictions can change your life forever. Contact our criminal defense lawyers for a free consultation if you have been accused of a misdemeanor offense.

Getting your record expunged in Los Angeles can feel like a second chance at life. Expunged records do not have to be disclosed to an employer, even after they make a conditional offer of employment

Expungement is a legal process that can clear your criminal record under certain conditions. Past mistakes don't have to hold you back from job opportunities, housing, or education.

It's a fresh start, allowing you to move forward without the shadow of your past hanging over you. Perlman & Cohen Los Angeles Criminal Lawyers would be honored to help you with your expungement application.

In Los Angeles, the expungement process is known as record cleaning, which essentially does what it suggests—cleans your criminal record. Although expungement is not possible for all criminal convictions, it offers significant advantages to those who receive it.

Understanding how expungement or record cleaning works is the first step toward clearing your name. It's a complex process, but with the right help of a qualified attorney, achieving a clean slate is possible.

Introduction to Expungement in Los Angeles

In California, expungement is a legal process that allows individuals to have their criminal records cleared. This process is referred to as record cleaning in California. It's designed to help people who have completed their probation, paid their fines, and otherwise complied with their sentencing. The goal is to reduce the long-term consequences of having a felony conviction.

Cleaning your criminal record in California is critical if you are seeking to improve your life after a criminal conviction. The process involves filing a petition with the court and potentially appearing before a judge. It's only guaranteed for some cases.

However, even an expunged conviction doesn't eliminate all the effects of a past conviction. Some of the possible consequences that will remain are that you still have to disclose your past conviction if:

• you are running for public office
• you are applying for a job or contract with the California State Lottery Commission
• you are applying for a professional license

However, it represents a significant opportunity for qualifying individuals. Understanding the specifics of California Penal Code is essential. We could help you clear your criminal history. The court grants expungement under certain circumstances. We will see if they apply to you.

Understanding Record Cleaning and Its Importance

Record cleaning is an important legal process to erase your history from public records. It's particularly relevant in a city like Los Angeles, where arrest records can significantly impact employment, housing, and educational opportunities. The importance of having a clean slate cannot be overstated. It opens previously closed doors, offering a second chance at a normal life.

The process is not just about removing the stigma of arrest records. It is also about restoring rights and opportunities. For many, expungement is the key to moving forward. It enables you to participate fully in society without the burden of past mistakes.

It's a crucial step for rehabilitation and reintegrating into the community. You can move forward with dignity and confidence. Whether you have a drug conviction, an assault conviction, or a theft conviction, we can help you with expungement.

Eligibility Criteria for Expungement in California

Not every criminal conviction in Los Angeles is eligible for expungement. Generally, individuals must have completed their probation and paid all fines and restitution. Of course, you cannot currently be charged with a crime. California Penal Code Section 1203.4 sets the eligibility criteria. It aims to balance public safety with the opportunity for rehabilitation.

Certain convictions, such as serious felonies, may not be eligible for expungement. In addition, individuals who served time in state prison under certain conditions may be disqualified. It would help if you met with an experienced criminal defense lawyer to understand whether your case meets California's expungement criteria.

The Benefits of Pursuing an Expungement

• Improved employment opportunities. Many employers perform background checks, and having your record expunged can significantly increase your job prospects. In most employment situations, you can legally state that you have no criminal conviction.
• Access to housing. Landlords often hesitate to rent to individuals with a criminal record. Expungement can remove this barrier, making securing a place to live easier.
• Educational opportunities. Some educational programs and scholarships are off-limits to those with a criminal record. Having your record cleaned can open up these opportunities.
• Restoration of rights. Depending on the conviction, expungement can restore certain rights, such as voting or owning a firearm.
• Personal satisfaction. Achieving expungement brings a sense of closure and personal satisfaction, knowing that your past mistakes are legally recognized as resolved.

How Record Cleaning Works

1. Determine eligibility. Review your criminal history with an experienced criminal defense attorney to determine your eligibility for expungement.
2. File a petition. Your lawyer will submit a petition for expungement with the court that heard your original case.
3. Notify the district attorney. The court will contact the District Attorney's office of your petition, allowing them to oppose it.
4. Court hearing. A court hearing may be scheduled, where your attorney will argue for your expungement.
5. Judge's decision. The judge will review your case and issue a decision based on California expungement law and the specifics of your situation.
6. The record is cleared. If the judge grants your petition, your criminal record will be cleared.
7. Notify relevant parties. You are responsible for notifying certain agencies and parties of your expungement, often with your attorney's help.

Preparing Your Expungement Petition

Preparing an expungement petition requires careful attention to detail. It would help if you leaned on our understanding of California expungement law. Your criminal defense lawyer will gather all necessary documentation, including proof of completed probation and other requirements. This preparation is crucial to the success of your petition.

The petition must be filed in the court where your conviction occurred, following specific legal procedures. Your lawyer will ensure your paperwork is accurately completed and submitted on time. The goal is to present a compelling case for why your record should be cleared. We will emphasize your rehabilitation and compliance with all court conditions. You do not necessarily have to prove factual innocence.

The Role of the Court Hearing in the Expungement Process

The court hearing is a critical stage in the expungement process. It's an opportunity for you to demonstrate to the judge that you have fulfilled all the conditions of your probation and have positively changed since your conviction. Your attorney will craft arguments highlighting why your record should be expunged.

During the hearing, the judge may consider factors such as your behavior since the conviction, the nature of the crime, and your compliance with probation. A successful hearing can lead to the judge granting your expungement, effectively cleaning your criminal record. Your attorney's role is to advocate for you, ensuring the judge understands the full context of your petition.

Common Challenges in the Expungement Process

• Meeting eligibility requirements. One of the biggest challenges is ensuring you meet all eligibility criteria, including completing probation without any violations.
• Opposition from the district attorney. The DA's office may oppose your petition, requiring strong legal arguments for expungement.
• Complex legal procedures. Navigating the legal process for expungement can be complex and requires detailed knowledge of California law.
• Proving rehabilitation. Demonstrating to the court that you have rehabilitated and are deserving of expungement is essential.
• Time and patience. The expungement process can be lengthy, requiring patience and persistence to succeed.

Perlman & Cohen Offers: Tailored Legal Strategies for Successful Expungements

• Personalized case assessment. We thoroughly assess your case to determine the best approach for your expungement petition.
• Expert legal representation. Our experienced criminal defense attorneys represent you at every step, ensuring your rights are protected.
• Strong courtroom advocacy. We provide strong advocacy during court hearings, presenting compelling arguments for why your record should be expunged.
• Guidance through complex procedures. Our team guides you through the complex legal procedures, ensuring every detail is noticed.
• Support and communication. We keep you informed and supported throughout the process, ensuring you understand every step.

What to Expect During Your Consultation

During your initial consultation with Perlman & Cohen, we'll discuss your criminal history and explore your eligibility for expungement. Our experienced criminal defense attorneys will explain the process, review potential challenges, and suggest strategies for success. We aim to provide clear, actionable advice tailored to your situation.

Then, we'll outline the next steps and how we can assist you in achieving a clean record. Our team is committed to helping you navigate the expungement process with confidence. We understand the importance of clearing your record and support you at every turn.

We Gather Necessary Documentation and Information

Our team will gather all necessary documentation to support your expungement petition, including court records, proof of probation completion, and other relevant documents. Our meticulous preparation is key to a successful expungement process.

We also discuss the impact of your criminal record on your life and how expungement can help. Our goal is to provide a comprehensive service that addresses the legal aspects of your case. We will also consider your circumstances and future aspirations.

Clean Your Record With Our Los Angeles Criminal Lawyers

Taking the first step towards a clean record can be daunting, but you're not alone with Perlman & Cohen Los Angeles Criminal Lawyers. We offer a comprehensive expungement service, from assessing your eligibility to representing you in court. We aim to make the process as smooth and successful as possible.

An arrest record and criminal convictions, particularly felony convictions, can make it difficult to accomplish your goals. Now, our Los Angeles criminal attorney can fight for your rights. Allow us to explore your options regarding your arrest and conviction records. We might be able to get your arrest record sealed and convictions expunged.

Let Perlman & Cohen Los Angeles Criminal Lawyers Handle Your Expungement

Choosing Perlman & Cohen to handle your expungement means partnering with a team that understands the complexities of California expungement law. Our experienced criminal defense attorneys are dedicated to helping you achieve a clean slate.

We have experience with the juvenile court system, sex offender registry, and the adult court. We use our knowledge of the Penal Code to fight for your rights. Contact us today to schedule a free case consultation.

HOW TO DEAL WITH A BOND ISSUE

SITUATION:        You friend or loved one has just been arrested.  They are in custody (jail), and being held with a bail set at many thousands of dollars.

QUESTION:         What should you do to help them?

ANSWER:             Call, but do not immediately hire a lawyer.  A good, caring attorney will walk you through the process, recommend an appropriate response and if wise, connect you with a bondsman who will treat you with honesty and respect.

TOUGH CHOICE

Do I hire a lawyer or bail out my friend /loved one?

SITUATION:        You have received a panicked call.  Your friend or loved one is scared and wants out.  You only have money to either engage a lawyer or post bail.

QUESTION:         What do you do?

ANSWER:             It depends on several factors- Assuming bail is available and you have the funds and security/collateral to post a bond, the right choice is still not easy to arrive at.  Of course you want to get them out of jail as soon as possible, but if that means opting for the public defender, it might be better to use those funds to hire an attorney.  On the other hand, if you don’t bail them out, court will be in a matter of days instead of giving you several weeks to raise funds and arrive at a decision of who is the best lawyer is which will be the case if you post bond.

This can be complicated.  We are available 24 hours a day, 7 days a week to help you come to the right decision.  Call now for a free consultation 213.514.8324

CHOOSING THE RIGHT BONDSMAN or COMPANY

SITUATION:        So you have determined that posting bail is the right choice, now you need to choose who will help-

QUESTION:         What are the factors to consider?

ANSWER:             Cost.  Convenience.  Trust and Respect.   With regard to cost, most bondsmen will charge you exactly the same fee which is generally 10% of the total bond set by the police or the court.  This is a rate set by their insurer and regulated regularly.  If they offer you a better rate, you are not at risk of getting in trouble, but they might be.  If you are already working with an attorney, and the attorney sends you to the bondsman, they are permitted by their insurer to reduce the fee by 20%.  This is a pretty good improvement.  Additionally, some Bail Bonds Companies will set you up on a payment plan, but their discount may not be as great if you need a payment plan.

With regard to convenience, many bond companies have offices directly across the street from courthouses and jails.  It doesn’t get much more convenient than that, however any bond company you contact by phone that operates in the same area will be able to post your bond and secure your loved one’s release as quickly as the place by the courthouse. This is their job.

Trust and Respect are perhaps the only real variables in the bond game.  In our office we have crossed many bondsmen off our list over the years because we get reports from our clients that they weren’t treated well or they felt taken advantage of.  Obviously, when we recommend a bondsman, it is critical that they treat our clients with the same respect as we do and that they never breach their trust.  Being referred to a bondsman that your lawyer feels comfortable with can help you feel more confident in your decision of whose deserves your hard earned money.

HOW BAIL WORKS

The police and courts require bail for one of two reasons:

1. To make sure the accused is not a flight risk and will return to court on the date assigned so as not to forfeit the bail.
2. To protect the community if they are judged to be a danger.

Bail is set at a particular amount.  A typical felony bail in Los Angeles falls between $35,000 and $50,000.  This scares a lot of people, so here are your choices for posting bail:

1. Post the full amount in cash, and then, when the case completes, you will get 100% back.
2. Use a bondsman who will charge you a fee of 10% of the full bond in order to secure 100% to the courts.  For example, on a $50,000 bond, you would pay the bondsman $5,000 and they guarantee the full $50,000 to the court in exchange for your fee.

How quickly can someone get bailed out?

As soon as the person in custody is booked (photo and prints), and run through a National Crime Database to check for warrants elsewhere in the United States, they are available to get bailed out.  This can take anywhere from a few minutes to a few days.  Normally it is between two and five hours.  The bondsmen we recommend at The Law Offices of Daniel R. Perlman hustle for our clients and get them out as soon as possible.

What if they aren’t a U.S. citizen?

The system has plenty of cracks in it.  Frequently, a non-citizen or “illegal” can be bailed out before an INS, ICE or USCIS hold or flag occurs in the LA County Jail system.   If they are “flagged” they will be held pending the outcome of their case for transfer to immigration custody and removal proceedings.  Bail will not be available at this time.

Criminal Record?

If the person in custody has a prior criminal record, time is critical and a bondsman should be contacted ASAP.

If the person in custody has no criminal record, it is less likely that they will be flagged right away.

What things might keep bail from working?

Sometimes there is a delay in booking. This can be due to and of the following:

• a busy jail
• a shortage of jailers
• a national slowdown on the warrant checks
• a probation or parole hold
• an immigration hold
• human or computer error

Can I get a discount by going through an attorney?

Yes, all bondsmen are given the flexibility to reduce their fee by 20% if the person they are bailing out has retained private counsel.  This is a reflection of how unlikely it is that a person who has retained legal representation will run.

At the Law Offices of Daniel R. Perlman, we pride ourselves in giving good guidance on issues surrounding bail, and frequently, when getting your loved one out is the priority, we end up not being retained because the money goes to the bondsman.  Ultimately, we want what’s best for you and your friends or loved ones.  Many attorneys will try to get retained without considering what is best for you.  This is virtually 100% true when it comes to Bail Bond Companies and their employees.  Give us a call if you need help making up your mind. Remember, we’re available now to help guide you in this very important decision making process.

Call now for a free consultation 213.514.8324