A judge or magistrate sets bail to ensure that the suspect will return to court when ordered to appear. Bail can be made in the form of cash, property, or a bond. The court will keep the bail if the suspect fails to appear in court when ordered.

Many factors are taken into consideration when the judge or magistrate determines the amount of bail. This article discusses the four important factors that help set bail.

The 4 Important Factors of Setting Bail

The four important and common factors that judges generally consider when setting a defendant’s bail include:

• The amount should be sufficiently high to give reasonable assurance that the suspect will attend all court scheduled appearances and comply with all of the conditions of the set bail.
• Reviewing the nature of the offense and the circumstances under which the alleged crime was committed.
• The ability of the suspect to make bail, provided the suspect or his or her criminal defense attorney provides sufficient proof of the funds.
• The future safety of the victim of the alleged offense and the community as a whole is also a big factor is setting bail.

Most importantly, the judge will also consider the suspect’s criminal history, employment history, financial assets and ties to the community.

Your Criminal Defense Attorney’s Role

In advocating your release on bail, your criminal defense attorney will try to convince the judge that:

• The chances of a conviction are not high
• Your reliability and ties in the community make you an unlikely candidate to flee while on bail
• The alleged offense is not a serious crime

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

A domestic violence conviction accompanies serious offenses under California law. If you or a loved one has been charged with domestic violence, you should consult with a criminal defense attorney who specializes in domestic violence charges to protect your legal rights and put together the best defense to dismiss the charges against you.

Felony v. Misdemeanor

In California, a domestic violence crime can be charged as either a misdemeanor or a felony. This decision is at the discretion of the prosecutor who is assigned to the case. The resulting consequences and penalties will depend on whether the prosecutor decides to charge you with a felony or a misdemeanor domestic violence.

While neither charge is good news, a misdemeanor charge certainly accompanies less severe penalties and consequences.

Misdemeanor Penalties

Penalties for a misdemeanor domestic violence charge can include:

• 52 hours of domestic violence counseling
• 40 hours of community service
• No contact order with the victim
• Heavy fines
• A maximum of 6 months in jail

Felony Penalties

Penalties for a felony domestic violence charge can include:

• 52 hours of domestic violence counseling
• 40 hours of community service
• No contact order with the victim
• Heavy fines
• A minimum of 3 months up to a maximum of 3 years in prison

Regardless of whether you are charged with a misdemeanor or felony domestic violence, the resulting penalties are harsh and can impact all aspects of your life. To protect your legal rights and ensure that you have the best legal defense, you should hire an experienced attorney who will aggressively fight for you.

Call an Experienced Los Angeles Domestic Violence Attorney

For more information or to schedule a complimentary consultation with Los Angeles domestic violence attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

You were arrested, but no charges have been filed. You may think that hiring a criminal defense attorney at this “pre-filing” stage or “investigation” stage is not necessary.

On the contrary, hiring an attorney is very important at this stage because critical decisions are being made about your case. Having the right criminal defense attorney can mean the difference between the District Attorney filing formal charges or the announcement that the case has been dropped against you.

What Happens At the “Pre-Filing” Stage?

At the “pre-filing” stage, the police agency that arrested you needs to do a thorough investigation. Upon the completion of their investigation, your case is turned over to the District Attorney for consideration of filing formal charges.

Although some attorneys prefer a “wait and see” tactic at this critical stage, the more aggressive criminal defense attorneys take a more proactive approach to prevent the detectives from gaining damaging statements, information and other data about your case. In addition, by hiring the right criminal defense attorney, you can also provide the district attorney with positive information about your side of the story that may tip the district attorney into dropping the case. The bottom line is that it is never too early to hire a good criminal defense attorney to protect your legal rights and prevent the filing of formal charges against you.

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

You were arrested for a criminal offense. You made the smart decision to hire an experienced criminal defense attorney to protect your legal rights and provide you with the best defense possible. However, it is important to note that even the best attorney will still need the help of his or her client to prepare a successful defense strategy.

Below are some important steps you should consider to help your criminal defense attorney:

• Do not talk to the police. You have the constitutional right to remain silent. While you may think that you have nothing to lose by telling your side of the story, nothing could be more devastating to your case. The only thing you will do by telling your story is to help the police build a stronger case against you.
• Do not talk to anyone. This means you should not even talk to your parents, spouse, siblings or friends. The best policy is not to talk to anyone about your case except to your lawyer.
• Tell your attorney the whole truth. Your attorney is only as good as the information you provide him or her. The bottom line is that your attorney needs to know every fact, whether you think it is relevant to your case or damaging.
• Ask questions when you don’t understand. A good criminal defense attorney will never think your questions are stupid. Moreover, attorneys prefer a client who understands what is going on with the case, as opposed to those who don’t.
• Keep in contact with your attorney. It is important that you keep all appointments with your attorney and that you notify your attorney if you move.

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

Being accused and convicted of a sex crime in the State of California can entail serious penalties. One of the most devastating consequences is having to register as a sex offender under the Sex Offender Registration Act.

To avoid this life shattering consequence, it is imperative that you immediately consult with a Los Angeles sex crime attorney to protect your legal right and obtain the best defense possible. A good criminal defense attorney, who focuses his practice on sex offenses, will know the most effective defenses to prevent a conviction.

Duties Under California’s Penal Code 290

Under California Penal Code 290, also known as the Sex Offender Registration Act, you are required to register as a sex offender for the rest of your life as long as you live, work or attend a school in California. Upon conviction, you are required to inform local law enforcement agency as to your general whereabouts.

California Sex Offenses That Require Registration Under Penal Code 290

If you are convicted of any of the following sex offenses in California, you will be required to register as a sex offender under Penal Code 290:

• Most acts involving minors
• Most acts involving rape and sexual batter
• Indecent exposure

This is not an exhaustive list of the California sex offenses that will subject you to a Penal Code 290 registration. It should also be noted that a judge can order you to register as a sex offender for any offense, even if it is not listed in the Sex Offender Registration Act, as long as the judge believes that you acted on a sexual compulsion or for your own sexual gratification.

Call an Experienced Los Angeles Sex Crimes Attorney

For more information or to schedule a complimentary consultation with Los Angeles sex crimes attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

Being accused of any crime can have serious consequences on all aspects of your life. However, getting accused of committing a crime related to violence can be even more devastating and complicated because these types of crimes may or may not involve actual physical injury.

If you or someone you love is accused of committing a violent crime, it is imperative that you quickly consult an experienced Los Angeles violent crime defense attorney to protect your legal rights.

What Is a Violent Crime?

A violent crime is a crime in which the accused used or threatened force upon the victim. A violent crime can entail both crimes where the act is the objective, such as a murder, as well as crimes where the violence is the means to the end, such as a burglary.

The Collateral Consequences

Accusations of committing a crime of violence can quickly trigger negative consequences that can be devastating to your life. In addition to a prison sentence, being accused or convicted of a violent crime can have personal, professional and social consequences. Common consequences include:

• Arrest
• Restraining orders
• Loss of employment
• Leverage in child custody cases or business disputes

Most violent crimes are often unfounded allegations that are fabricated to obtain influence and control in another case by the victim. It is not uncommon for the “victim” to embellish the facts in his or her favor and paint a picture that is more negative than the actual event. However, regardless of whether the victim is embellishing the facts or telling the truth, once you are arrested, the damage is already done. As such, it is important that you immediately consult an attorney to protect your rights.

Call an Experienced Los Angeles Violent Crimes Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles violent crimes attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.

Just because you are arrested does not mean that you are automatically guilty of the charges brought against you. Knowing your rights and asserting them during the investigation process can be the difference between a conviction and a dismissal of the charges.

What Are My Rights?

When you are arrested, you have certain rights that you can assert. Although you cannot predict when and if you are arrested, you should be equipped to handle yourself before it is too late. Below are some important rights that you should know about if you are arrested:

• You should never volunteer any information or evidence that may be incriminating. Anything you say or provide the police during an investigation can and will be used against you.

• Do not talk to the police during your transport to the police station for booking. The police may try to make small talk in the car. Resist engaging in any type of conversation.

• Never give permission for a police officer to search you or your home. While the police are allowed to “pat down” your body and feel for weapons, they are not allowed to conduct a search. If they do, you should not resist. However, you should continuously repeat that you “do not consent to this search.”

• Immediately consult with an experienced Los Angeles criminal defense attorney. Once you are lawyered up, the police cannot question you without the presence of your attorney.

Call an Experienced Los Angeles Criminal Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles criminal defense attorney Simon Aval, please call us at (800) 209-9808 or complete our online form. Mr. Aval is a Certified Specialist in criminal law by the state bar of California.