RSSCriminal Defense | Los Angeles Criminal Defense Blog
Ignorance of the Law – Is It a Defense?
It is a fundamental legal principle in the U.S. that ignorance of the law is no defense. If ignorance were accepted as an excuse, any person charged with a criminal offense could claim ignorance to avoid the consequences. Laws apply to every person within the jurisdiction, whether they are known and understood. This is based on the idea that laws have been made known to the public in government journals, newspapers, printed publications, online, and other sources.
What to Do When You’re Accused of Ponzi Scheming
A Ponzi scheme is a fraudulent investment scam that generates returns for early investors with money that comes from later investors. It is named after Charles Ponzi, an Italian swindler who operated in North America and was arrested in 1920. Ponzi schemes promise investors high rates of return with negligible risk. Eventually, when there are not enough new investors to provide sufficient funds to go around, the scheme unravels.
What Happens When You Don’t Give a Police Officer Your Real Name?
False identification to a police officer is illegal under California Penal Code Section 148.9. The law states, “Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer . . . upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor. . .”
Accused of a Hate Crime in Los Angeles?
A “hate crime” is not a crime in itself, but penalty enhancements for a bias-driven criminal offense. A hate crime is defined as:
“hate crime is a crime against a person, group, or property motivated by the victim’s real or perceived protected social group. You may be the victim of a hate crime if you have been targeted because of your actual or perceived: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation, and (7) association with a person or group with one or more of these actual or perceived characteristics. Hate crimes are serious crimes that may result in imprisonment or jail time.”
How Does a Grand Jury Work?
A grand jury is a body of 19 average citizens called for jury duty. It serves an entirely different purpose than a trial jury. While a trial jury renders a verdict in a criminal trial, the purpose of a grand jury is to determine whether charges should be brought against a suspect. Grand juries work closely with prosecutors and have the power to view evidence and interrogate witnesses. They do not have to be unanimous to issue an indictment (formal charge or accusation of a serious crime). Usually in serious felony cases, prosecutors work with grand juries to determine whether to bring criminal charges against a potential defendant.
What Is Obstruction of Justice?
Under federal law, obstruction of justice is defined as an act that “corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.” California statutes do not name any particular offense as “obstruction of Justice.” However, several different crimes fall into this general category.
What Does It Mean to Be an Accessory to a Crime?
To be an accessory to a crime means you helped someone in the commission of a criminal act. You may be charged with this crime if you helped the criminal party before or after their criminal act.
Defenses Against Brandishing a Weapon Charge
Some defenses against a charge of brandishing a weapon include:
- You did not brandish any weapon that was in your possession.
- You were not in possession of a weapon and therefore could not have brandished one.
- You brandished a weapon only in self-defense, or in a non-threatening manner.
Another defense may work for you. Our firm will consider your personal circumstances when creating your defense.
False Imprisonment vs Kidnapping
The legal differences between false imprisonment and kidnapping are revealed in the California Penal Codes that describe these crimes.
How Your Search History Can Impact a Criminal Trial
The internet is constantly growing and deepening, with numerous rabbit holes one can fall down when browsing search results. This widespread access to information makes most online users believe that their search histories are allowable and safe, but this is false. Even nonchalantly browsing the internet can impact your criminal record. Investigators can access a suspect’s browser history during a criminal investigation, and any evidence they find can be used against you in a court of law.