The Importance of Bail When Allegedly Charged With a Crime

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

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

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:

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

Police Officers On Duty

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

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?

simonaval-criminal-homicideIf 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.

What To Do If You Are Accused of Lewd & Lascivious Act With a Minor

Young woman behind a metal fenceIf 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.

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.

Common Types of White Collar Crimes

Locker in a bank vaultThe 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

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.

  1. 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.
  2. 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.
  3. 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.
  4. Be respectful. In order to ensure that you are treated with respect, you need to act respectfully toward the arresting police officers.
  5. 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

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.

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.