Arrested? Know Your Rights!

Posted on October 10, 2014 by Simon Aval

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.

What Is Expungement?

Posted on September 1, 2014 by Simon Aval

If you have been convicted of a crime in California, you may have the right to clear your criminal record and enjoy a “fresh start” without the baggage of a prior record. This is known as an “expungement” of your criminal records.

In order to determine whether you are qualified for an expungement, you should consult an experienced Los Angeles expungement lawyer. While a “do it yourself” expungement may be possible, the complications of these types of cases may hinder you from getting the fresh start you are entitled to.

Who Is Eligible to Get a California Expungement?

As a basic rule, you may be entitled to expunge your criminal records under California law if the following three elements are met:

You were convicted of a misdemeanor or felony offense;
You successfully completed probation; and
You are not currently charged with another criminal offense, on probation or serving a sentence for a criminal conviction.

The completion of probation requirement is a key aspect for an expungement. In order to “successfully complete your probation,” you must complete all terms of the probation, attend any required court appearance, and not commit any new crimes while on probation.

When Can I Apply for an Expungement?

If you meet the eligibility requirements above, your Los Angeles expungement lawyer may petition the court to expunge your criminal record. This process may be expedited by “packaging” a number of motions. A common sample of a packaging motion includes asking the court to:

Grant an early termination of probation
Reduce a felony to a misdemeanor
Expunge your conviction

Call Us Today!

For more information about expunging your California criminal record or to schedule a complimentary consultation with 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.

California Laws on Charges of Embezzlement

Posted on August 26, 2014 by Simon Aval

Embezzlement is a type of property theft that occurs when an individual who is entrusted with property steals all or part of that property for his or her own personal gain. The key to an embezzlement charge is that the defendant must have legal access to the property, but not legal ownership of it.

Punishment Under California Law

Under California Penal Code § 514, an embezzlement conviction is punished according to the type or value of the property that was taken by the defendant. Below is a brief summary of the punishment under this section:

Property worth less than $950: If the property that is embezzled is worth less than $950, it is considered a misdemeanor (petty theft). The defendant may be subject to a possible jail sentence of 6 months or less and a fine of up to $1,000. If the property is worth less than $50, the offense may be only an infraction with a penalty of a fine up to $250.
Property worth more than $950: If the property is worth more than $950, it will be considered a grand theft. The defendant may be subject to a jail sentence of a maximum of one year. For enumerated items, a felony grand theft conviction may be entail state prison time of 16 months, 2 or 3 years.
In addition to the penalties described above, the judge may add extra fines, prison time or both for an embezzlement conviction that involves “aggravating factors.”

The Importance of Hiring a Los Angeles Embezzlement Attorney

The punishment for an embezzlement conviction can be serious. If you or a loved one has been charged with embezzlement, it is important to hire a Los Angeles embezzlement attorney with experience in such cases in order to obtain the best result. A knowledgeable attorney can develop and prepare a defense strategy early in the case that can help you avoid a conviction and or negotiate a settlement that keeps you out of jail or prison.

Call Us Today!

For more information or to schedule a complimentary consultation with 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 To Do If You Are Accused of Lewd & Lascivious Act With a Minor

Posted on August 18, 2014 by Simon Aval

If you are accused of a lewd and lascivious act with a minor, you need to know that this is a very serious crime and you will most likely be aggressively prosecuted by the government. Lewd and lascivious acts with a minor under the age of 14, commonly referred to as “child molestation,” is a violent sex crime that is punishable under California Penal Code Section 667.5(c).

In order to ensure your legal rights are well protected and that you are afforded the best defense possible, you should consult an experienced Los Angeles lewd conduct attorney. With a skilled attorney on your side, you have a better chance of overcoming this challenge.

Things To Know

If you are accused of lewd and lascivious acts with a minor, there are things you need to know, such as:

Never offer information. It is important that you never volunteer any information to law enforcement officers who may be investigating the alleged crime against you. Police officers are trained to encourage individuals involved or potentially involved in the crime to divulge damaging information.
Request to talk to an attorney. Under the United States Constitution, you have the right to remain silent and request an attorney to be present during any questioning. Once you invoke your Miranda Warning rights, the law enforcement agent must stop the interrogation.
Gather any contact information from supporting witnesses. Charges of lewd and lascivious conduct with a minor are often a “he-said-she-said” situation. In most cases, testimony of the alleged victim may be unreliable given the age of the child. As such, the more evidence you have, the easier it may be to exonerate you.
Prepare a defense fund. Defending such serious criminal allegations can get expensive. You will need to pay for a criminal attorney, expert witness testimony fees, trial expenses and fines.
Immediately hire an experienced attorney. Perhaps the most important advice may be to hire an experienced Los Angeles lewd and lascivious conduct attorney to handle your claim.

Call an Experienced Los Angeles Lewd & Lascivious Conduct Attorney

A lewd and lascivious conduct charge can have serious penalties that may negatively impact all aspects of your life. Hiring an experienced Los Angeles lewd and lascivious conduct lawyer may mean the difference between a conviction and a dismissal of the charges. In other words, your lawyer may effectively argue a defense on your behalf that will ensure your freedom.

Common Types of White Collar Crimes

Posted on August 11, 2014 by Simon Aval

The term “white collar crime” was first used in the 1930s, referring to any type of non-violent crime. While the punishment for these types of crimes may not be as severe as those for violent crimes, an arrest or a conviction of a white collar crime can nevertheless have a devastating effect on all aspects of your life.

White collar crimes in California are prosecuted by the federal government, the district attorney and the local prosecutor’s office. White collar crimes are charged just like other types of crimes. You have the same legal defense and protections that apply in other criminal matter. To make sure your rights are properly protected, you should consult an experienced Los Angeles white collar crime attorney.

Types of White Collar Crimes

There are many types of white collar crimes. Some common types that prosecutors are starting to increasingly prosecute include:

Antitrust violations (any infraction of the Sherman Act and the Clayton Act, such as price fixing)
Bank fraud (fraud against a banking institution, such as check fraud)
Forgery (manipulating or changing a written document for monetary gain)
Money laundering (funneling illegally obtained money through a legitimate business)
Extortion (taking money through force or coercion)
Tax evasion (committing illegal acts against the IRS, such as filing inaccurate IRS returns)
Insurance fraud (defrauding insurance companies, such as fabricating claims)

Call Us Today!

For more information about white collar crimes or to schedule a complimentary consultation with 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.

5 Important Steps to Take After You Are Arrested

Posted on June 30, 2014 by Simon Aval

Getting arrested can be a traumatic and life altering event for both the accused and his or her family members. It may also be difficult to think clearly. However, it is important that you remain focused and take the necessary steps to protect your legal rights and ensure that you get the best defense possible for the charges you are facing.

Below are five important steps you should take after an arrested.

Ask for an attorney. One of the most important steps you should take if you have been arrested or are being investigated for a crime is to ask for a Los Angeles criminal defense attorney. Talking to the police without an attorney may jeopardize your case and your freedom even further.
Remain silent. Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent. You should use this opportunity to “lawyer up” and protect your legal rights.
Do not resist arrest or attempt to flee. Whether you are innocent or not, you should not fight back or attempt to run away during the course or in the aftermath of an arrest. This will only make the matter worse. Instead, comply with the arresting officer and then ask for a Los Angeles criminal defense attorney.
Be respectful. In order to ensure that you are treated with respect, you need to act respectfully toward the arresting police officers.
Remember the facts of your arrest. If something goes wrong during your arrest, it is important that you remember the details so that you can later provide it to your Los Angeles criminal defense attorney.

Call an Experienced Los Angeles Assault Defense Attorney

For more information or to schedule a complimentary consultation with criminal defense attorney Simon M. 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.

Defenses to a California Charge of Assault

Posted on June 30, 2014 by Simon Aval

A California criminal charge of assault may range from a minor to a serious crime, depending upon the circumstances of the incident. However, just because you are charged with assault, it does not mean that you will automatically be convicted.

An experienced Los Angeles assault defense attorney can help customize a defense to protect your legal rights and avoid the serious consequences of an assault conviction.

Possible Defenses to a California Assault Charge

Self Defense or Defense of Others

Self-defense means that you exercised a reasonable amount of force, given the surrounding circumstances, to prevent a third party from injuring you or someone else. To successfully invoke this defense, your attorney will need to show that the individual you allegedly assaulted was putting you in danger and as such caused you to react.

Consent

Consent means that the person you allegedly assaulted agreed to your offending conduct. A defense of consent may be successful only if the injuries were not serious and were reasonably foreseeable.

Dispute the Charges

Depending on the facts of your case, your Los Angeles assault defense lawyer may determine that the best defense strategy is to dispute the assault charges altogether. This defense may only be successful in certain situations, such as if you were wrongly identified as the perpetrator of the alleged assault.

Call an Experienced Los Angeles Assault Defense Attorney

An assault charge can have serious penalties that may negatively impact all aspects of your life. Hiring an experienced Los Angeles assault defense lawyer may mean the difference between a conviction and a dismissal of the charges. In other words, your lawyer can effectively argue a defense on your behalf that will ensure your freedom.

5 Reasons Why You Need to Hire a Criminal Defense Lawyer Before Charges Are Filed

Posted on June 5, 2014 by Simon Aval

A criminal conviction can carry serious consequences that may affect all aspects of your life. You may have a hard time looking for employment, successfully applying for credit cards, or even getting approved for a housing application.

It is crucial to immediately hire a Los Angeles criminal defense attorney when you are arrested or being investigated for a crime. In some cases, if you hire a good attorney before you have been charged with a crime, it may help you stay out of court and jail.

Hiring a Criminal Defense Attorney: The Sooner the Better

Prosecutors often file cases too early without having the necessary evidence to prove the charges. In California, although Federal and other law enforcement agencies may hastily arrest individuals or execute search warrants, they often do not file charges right away. In fact, most prosecution offices require that their law enforcement agencies provide a complete and detailed investigation packet in order to file criminal charges.

A criminal defense attorney who has the necessary knowledge and experience may know what the police is thinking in terms of whether to file charges or not. If the attorney can provide the necessary facts from the defense’s point of view to convince the prosecutor that he or she will not be able to prove the case, the charges may not be filed. For this very reason, it is imperative that you hire a Los Angeles pre-filing criminal defense lawyer if you have been arrested or just being investigated for a crime.

Contact an Experienced Criminal Defense Attorney

To learn more about the importance of hiring a criminal defense attorney at the pre-filing level, you should call Los Angeles criminal defense attorney Simon Aval. Ms. Aval has the knowledge and experience to resolve your case before charges are filed and before you go to jail.

For more information or to schedule a complimentary consultation with one of our criminal defense attorneys, please call us at (800) 209-9808 or complete our online form.

10 Ways You Can Violate Probation in California

Posted on May 26, 2014 by Simon Aval

simonaval-criminal-defense-matters

If you are convicted of a crime in California, the judge has discretion to “suspend” the imposition of your sentence and grant probation instead of sending you to jail or prison. Probation allows you to complete your sentence in the community under a “conditional release.” Once you have successfully completed your probation, you may be entitled to return to court and request the judge to “set aside” your guilty plea or your conviction by jury verdict.

However, if you fail to successfully complete your probation or violate any of its terms, it may result in serious problems and even jail or prison time.

Different Way to Violate Probation

Violating the terms of your probation is a crime in itself and the consequences can be serious. Some of the different ways you may violate your probation include:

Failing to appear at a mandatory court hearing (also known as “FTA”)

Failing to pay court-ordered fines and fees
Failing to report to your probation officer as required by the court
Failing to comply with the instructions provided by your probation officer or department
Failing to participate in and complete court mandated treatment or counseling
Failing to complete community service
Committing or getting arrested for a new crime

Generally speaking, these types of violations are cut and dry, in that the act either happened or it didn’t. As such, proving probation violation does not involve a lot of fact finding. The major issue, however, for your criminal defense attorney may be getting your probation reinstated and keeping you out of custody.

Consequences of Violating Probation

If you violate probation, your probation officer may simply give you a warning. If you stay out of trouble, you may not face any additional problems. However, in more extreme cases, your probation officer may order you to appear in court for a probation violation hearing.

If it is proven by preponderance of the evidence (or more likely than not) that you violated parole, the judge has discretion to:

– Order you to pay fines

– Spend a few days in jail and resume probation

– Add time to the original terms of your probation

– Revoke or cancel your probation altogether

Call Us

If you or a loved one is facing probation violation, you should consult an experienced criminal attorney to help you protect your legal rights. For more information or to schedule a complimentary consultation with a dedicated criminal defense attorney, please call attorney Simon Aval at (800) 209-9808 or complete our online form.

An Overview of California’s “3 Strikes Law”

Posted on May 26, 2014 by Simon Aval

simonaval-criminal-homicide

California’s “three strikes and you’re out” law has been one of the harshest sentencing schemes in the country for many years. In fact, one in four inmates in the state’s over-crowded prisons are serving a second or third strike sentence.

What Is the “3 Strikes Law”?

California voters approved a ballot initiative in 1994 known as “Three Strikes and You’re Out.” Under this original version, state courts were required to hand down mandatory and extended prison time to individuals who are found guilty for any third time offense, even if it was nonviolent.

In 2012, the law was reformed to include that there will no longer be a mandatory 25-years-to-life for “strikers” whose third strike is not “serious” or “violent” felony.

This means that if you are convicted of a crime that the judge considers being a serious offense, it will be considered as a strike on your record. If you accumulate three strikes, you will face mandatory prison time. In certain cases, the sentence may be made harsher to account for any leniency you may have previously received.

What Is Considered a “Strike”?

In order for a criminal action to be counted as a “strike,” it must be a serious or violent felony. It should also be noted that the judge may include convictions from other states, federal convictions and certain juvenile convictions when adding up “strikes” against you. Moreover, the judge also has discretion to elevate a misdemeanor charge to a “strike” if you have prior felony convictions.

Some examples of strikes include:

– Arson

– Murder

– Rape

– Robbery

– Home invasion

– Assault with a deadly weapon

– Kidnapping

– Drug trafficking

– Any other felony that carries a life sentence in prison

Your Los Angeles criminal attorney can provide you with a complete list of criminal actions that may be considered a strike, as listed under California Penal Code, Sections 1192.7(c) and 667.5 (c).

Contact Us

If you or a loved one is facing a 3 Strikes case, you should consult an attorney that has experience in the field of Criminal Law, someone you can trust, and someone who has proven to be effective.

For more information or to schedule a complimentary Los Angeles criminal defense attorney Simon Aval, please call (800) 209-9808 or complete our online form.