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.

Call an Experienced Los Angeles Criminal Defense Lawyer

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)

Call an Experienced Los Angeles Criminal Defense Attorney

The Importance of Bail When Allegedly Charged With a Crime

Posted on November 24, 2014 by Simon Aval

If you or a loved one has been arrested for allegedly committing a crime, you may be released on bail if certain criteria are met. To ensure that your bail is set at a reasonable amount by the judge, it is in your best interest to immediately contact a Los Angeles criminal defense lawyer. Your attorney can even help you get in touch with a bail bond agency.

What Is Bail?

Bail is the means by which a judge permits your release from custody if you have been allegedly charged with a crime by ensuring that you appear at all required court proceedings. Once you are arrested for allegedly committing a crime, you will be taken to a detention facility. Prior to arraignment, you will have an opportunity to hire a Los Angeles criminal defense lawyer and appear before the presiding judge to see if you can be released on bail.

Stationhouse Bail

If you have committed a minor offense, the arresting officer has the authority to release you on minimal bail. However, stationhouse bails are not available in all jurisdictions, forcing most individuals to appear in court for a bail hearing.

Bail Bond Agencies

If you are unable to meet bail, your attorney can help you contact bail bond agencies to post a cash bail for a set fee. Once you have contacted the right bail bond agency for your circumstances, they can quickly arrange to post bail and have you released from detention.

It should be noted that involving a bail bond agency could get expensive. One disadvantage is that you will not get a refund of the substantial fees paid to the agency to post bail. Additionally, you also risk dealing with a bounty hunter who will do everything possible to arrest you if fail to appear in court. The court gives bounty hunters the freedom to arrest a fleeing defendant without process and turn them into the court’s custody without any hearing or protection.

Call an Experienced Los Angeles Criminal Defense Lawyer

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

How to Prepare For Sentencing

Posted on November 21, 2014 by Simon Aval

Getting convicted of a crime can be devastating. In certain situations, a conviction is unavoidable, even if you have hired the most experienced Los Angeles criminal defense attorney. However, a good attorney can make the sentencing process less frightful by getting you prepared for the process and what lies ahead.

Lawyer And The Law

There are various factors that your criminal defense attorney may take into consideration when preparing your case for sentencing.

Place of Incarceration

Where you are sent for incarceration can play a big factor in how your sentence is completed. One of the reasons for this is where you serve your sentence can determine how much security you will be subject to and how much discipline you will face. Additionally, each facility houses inmates convicted for different crimes, thus exposing you to different levels of danger. As such, your Los Angeles criminal defense attorney should ask the judge to assign you to a facility with the lowest security level possible.

Self-Reporting

After sentencing, most criminal defense lawyers advise their clients to self-report to prison. If you choose to do so, you will have to pay for your own travel to your assigned prison facility at your own cost and time. This may be worth the cost because it demonstrates to the court that you are trustworthy, which may ultimately lower your inmate security classification.

Books and Legal Documents

You will not be allowed to bring any books or legal documents to prison. Your Los Angeles criminal defense attorney can help you arrange to have these items mailed to wherever you will be incarcerated.

Visitors

Generally, it is difficult to arrange for visitors while serving a prison sentence. As such, you should ask your attorney to compile a pre-sentence report list of your immediate family members and spouse for an easier visiting process.

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.

How a Criminal Attorney Can Help During Police Investigation

Posted on November 19, 2014 by Simon Aval

If are involved in a police investigation regarding allegations of criminal activity, it is important that you are represented by an experienced Los Angeles criminal defense attorney to protect your legal rights and help avoid having formal charges filed against you.

Police Officers On Duty

3 Reasons You Need a Criminal Attorney

Below is a discussion of the three most important reasons why you need a criminal attorney on your side during ongoing police investigations:

An attorney can act as a witness and prevent the police from abusing your constitutional rights during an investigation.
An attorney can ensure that the investigation is not intrusive, making it less likely to result in incriminating evidence.
The presence of an attorney can prevent you from incriminating yourself by blurting admissions or falsifying evidence.

A police investigation can last for weeks or even months without any new information or contact. Depending on the allegations against you, criminal charges can be filed up to one year or as long as six years after the completion of the investigation.

Additionally, since police investigations for certain criminal activities do not have a statute of limitations, charges can be filed 20 or 30 years later. However, if you have an experienced Los Angeles criminal defense attorney on your side, you can be confident that your legal rights are protected and that you are not subject to unfair legal practices.

Your Legal Rights When Facing Criminal Charges

If the police investigation leads to criminal charges, you are entitled to certain rights, including:

To be represented by an attorney
To have a speedy, public trial
To remain silent
To testify in your own defense
To appeal the denial of a suppression motion

Call an Experienced Los Angeles Criminal Defense Attorney

The Important Factors That Help Set Bail

Posted on October 31, 2014 by Simon Aval

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

California’s Domestic Violence Charges: Penalties & Consequences

Posted on October 27, 2014 by Simon Aval

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.