Admitting Guilt to My Criminal Attorney

Posted on December 29, 2014 by Simon Aval

When you are charged with committing a crime, you may wonder whether admitting guilt to your Los Angeles criminal defense lawyer may cause him to abandon your case or even sabotage your defense. Despite what many may think, criminal defense attorneys are deeply committed to protecting the legal rights of their clients and ensuring they get the best possible outcomes.

The focus of a criminal trial is for the prosecution to prove you are guilty of committing the crime and for your defense attorney to prove the prosecutor lacks sufficient evidence. So, given this fact, should you admit guilt to your attorney?

Talk to Your Lawyer

The majority of criminal defense attorneys prefer that their client be honest with them about the facts of their case- the good, the bad and the ugly. However, other attorneys prefer that their clients do not discuss guilt. These attorneys will tell you up front that they do not want to know everything.

The Ethical Issues

Our legal justice system requires the prosecution to prove an individual is guilty beyond a reasonable doubt. This high standard is founded on the principle that it is better for a guilty person to go free than for an innocent person to be wrongly convicted.

The bottom line is that admitting guilt will not make your defense attorney offer lesser representation. Your Los Angeles criminal defense lawyer’s concern is whether the prosecutor has provided sufficient proof that you committed the crime—not whether you are innocent or guilty.

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For more information or to schedule a complimentary consultation with Los Angeles criminal defense lawyers 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.

Common Types of Bail Bonds

Posted on December 25, 2014 by Simon Aval

There are numerous types of bail bonds available in the state of California to get you of jail when you are accused of a crime. The specific type of bail that you can use depends on various factors, such as the specific offense you are charged with and your current financial state.

This article discusses three types of common bail bonds that may be available, depending upon the specific facts of your case.

Property Bonds

One of the easiest and most common ways to post bail is to use your property as collateral. If you do not have property, your loved ones can act on your behalf through means of collateral. Various types of property, such as cars, homes or anything else that has a similar value to the bail amount, can be used to post bail.

Your Los Angeles criminal defense attorney can assist you or your loved one in filling out all the necessary forms to post bail.

Surety Bonds

Surety bonds require a third-party, such as a friend, relative or bonding company, to sign the bond as a surety. This type of bond usually requires some form of collateral similar to the bail amount in order for you to be released from jail.

Cash Bail

You or a loved one can post cash bail with the jail or the facility where you are detained to secure your release. Posting cash bail may require that you provide payment in full in the form of cash, check or traveler’s check.

Your Los Angeles criminal defense lawyer knows that you do not want to be sitting behind bars any longer than you have to. A good attorney will look at the specific facts of your case to determine which type of bail bond will be the best option to get you out of jail as soon as possible.

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Common Defenses to Serious Assault Charges

Posted on December 19, 2014 by Simon Aval

If you or a loved one has been charged with an assault, from a minor common assault to the most serious aggravated assault, you are facing an allegation of violence under California law. A conviction can have serious consequences that can significantly impact all aspects of your life.

However, just because you were charged with assault, it does not mean that you are guilty. With the help of an experienced Los Angeles criminal defense attorney, you may be able to avoid a conviction.

Below are three common defenses to an assault charge:

Consent

One of the most common defenses to assault is consent. Consent means that the person you allegedly assaulted agreed to your offending conduct. In order to successfully assert a consent defense, the injuries sustained by the victim must not be serious. Additionally, you must prove that the injuries were reasonably foreseeable.

Self Defense or Defense of Others

Another defense to assault is self-dense. Self-defense means that you exercised a reasonable amount of force, given the surrounding circumstances, to prevent another individual from injuring you or someone else. To successfully invoke this defense, you will need to show that the individual you allegedly assaulted was placing you in danger.

Dispute the Charges

Depending on the specific facts of your case, your Los Angeles criminal defense attorney may determine that the best defense is to dispute the assault charges altogether. It should be noted that this defense may not be successful in most situations.

An assault charge can have serious consequences. Hiring the right criminal defense lawyer can mean the difference between a conviction and an acquittal of the charges.

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Defenses to an Alleged Charge of Hit-and-Run Accident

Posted on December 17, 2014 by Simon Aval

Car accidents happen all the time. However, if you flee the scene of an accident without stopping to exchange information with the other parties, you may be subject to either a felony or misdemeanor criminal charge.

The best advice is to always stop after being involved in an accident. However, in some situations, you may not know that you caused an accident, and thus may unknowingly flee the scene. If you are charged with a hit-and-run offense, you should hire an experienced Los Angeles criminal defense attorney to strategize the best defense to dismiss the charges.

Felony v. Misdemeanor Hit and Run Offenses in California

Under California law, if a driver flees the scene of an accident, they can be charged with either a misdemeanor or felony. The difference between the two is that a misdemeanor involves only property damage, whereas a felony charge deals with injury. In other words, if you caused an accident where another party was injured, you may be charged with a felony if you flee the scene of the accident.

Defenses to Hit and Run Charges

Just because you are charged with a hit and run offense does not mean that you are automatically guilty. Depending on the specific facts surrounding the alleged crime, your Los Angeles criminal defense attorney may be able to use one of the following defenses:

You lacked knowledge about causing an accident
You lacked knowledge about the other parties being injured in the accident
You were not the person who was involved in the accident

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.

What Is Assault With a Deadly Weapon?

Posted on December 15, 2014 by Simon Aval

California law defines Assault With a Deadly Weapon (ADW) as an assault on another individual committed with a deadly weapon or with a force that is likely to result in serious bodily harm. The penalties associated with an ADW charge can be serious and can significantly affect all aspects of your life.

If you or a loved one has been charged with an Assault With a Deadly Weapon, it is imperative that you immediately consult an experienced Los Angeles criminal defense attorney to protect your legal rights.

Defining “Deadly Weapon”

Despite what most Californians think, you do not need to possess a “deadly weapon” in order to be arrested for ADW. In fact, most people are shocked as to how they can possibly be charged with this crime when they had no weapon. The truth is that something as seemingly innocent as a bottle can be considered a weapon.

The law defines a “deadly weapon” as any object that can cause serious bodily harm or death. So, using the example of the bottle, if you hit another person hard enough on the head with a bottle, it can cause serious injuries. The District Attorney can charge you with ADW, alleging the bottle was the deadly weapon.

Consequences of ADW Charges

An assault with a deadly weapon is known as a “wobbler” because the prosecutor has the option of filing it either as a misdemeanor or a felony, depending upon the circumstances of the crime. In deciding how to file the ADW, the prosecutor will look at three important factors:

What type of weapon was allegedly used;
Whether the victim sustained injuries
The status of the victim (whether the victim was a police officer, firefighter or any other “protected” government individual)