Being arrested in California can be a stressful and frightening experience. However, it’s crucial to remember that you still retain certain rights as a citizen of the United States. Understanding these rights can help you navigate the legal system more effectively. This blog outlines your rights during an arrest, the procedures that follow, and important deadlines related to appeals for those arrested in California.
One of the key components of your rights when arrested in California is the reading of your Miranda rights. These rights must be communicated to you by law enforcement officers at the time of your arrest. If the police fail to read your Miranda rights, any information or evidence gathered during the arrest may be inadmissible in court.
Upon your arrest, you have the following rights:
After being arrested in California, several legal procedures take place. Familiarizing yourself with these steps can help you understand what to expect. The typical process includes:
During the arraignment, the judge reads the charges against you. You will be asked to enter a plea—guilty, not guilty, or no contest. This initial court appearance is crucial as it sets the stage for the legal proceedings to follow.
At the preliminary hearing, the prosecutor presents evidence to a judge to demonstrate that there is enough suspicion to continue with the case. If the judge finds sufficient evidence, they will hold you to answer, allowing the prosecution to move the case to the trial court.
If the case moves forward, a second arraignment occurs approximately 14 days after the court holds you to answer. This hearing is typically held in a higher court (the Superior Court) where the charges will be formally reiterated, and further proceedings will be scheduled.
The pretrial hearing is a critical stage in which both the prosecution and defense may resolve outstanding issues before the trial. During this phase, motions may be filed by either side requesting the judge to rule on specific legal matters.
Finally, if the case proceeds to a jury trial, both the prosecution and defense will present their witnesses and evidence. A jury will analyze the information presented and ultimately deliver a verdict. The judge will then interpret this verdict and determine the appropriate sentencing.
Understanding the deadlines related to your case is essential for protecting your rights after being arrested in California:
If you wish to appeal a misdemeanor conviction, you must file a Notice of Appeal within 30 days of the judgment or order you are appealing.
If you are appealing, you need to file a notice regarding the record of oral proceedings within:
Understanding your rights when arrested in California is vital. These rights are designed to protect you and ensure a fair legal process. If you face legal challenges, it’s crucial to consult with an experienced attorney who can guide you through the complexities of the legal system. At KAASS LAW, our dedicated team is here to help you navigate your legal rights and options. Whether you need assistance understanding your Miranda rights or navigating the court process after being arrested in California, we are committed to providing you with expert legal counsel. Don’t hesitate to reach out to us for a consultation. Your rights matter, and we are here to protect them.
In order to be found guilty of extortion, the prosecutor must be able to prove all 4 elements of Extortion by threat or force under Penal Code 518 PC. There elements are:
California law generally prohibits individuals from recording confidential communications between two or more parties.
Under Penal Code Section 632 (PC-632), authorized under the California Invasion of Privacy Act, makes it illegal for an individual to record a “confidential communication” whether the communication is carried among one of the parties or recorded on a telephone.
California Penal Code section 632.7 enforces criminal liability upon persons who record confidential communications. While Penal Code section 637.2, enforces civil liability upon persons who intercept or receive a communication involving a cellular or cordless telephone and record the communication without consent.
Under Penal Code § 632(c), defines “confidential communication” as any communication disclosed between two persons in a private environment. This excludes communication exchanged between two people in a public environment because the conversation could be overheard or recorded by anyone within the vicinity of that area.
The most common fundamentals of moral turpitude crimes include crimes such as larceny, fraud, theft, DUI, murder, rape, spousal abuse, and intent to harm persons or things. Below is a list that includes, but is not limited to examples of crimes that fall under "crimes of moral turpitude".
If you commit a crime and get found guilty, you risk deportation or removal proceedings. If you face these risks due to a conviction, or if you believe criminal charges may harm your immigration status, you must speak with an immigration attorney experienced in criminal matters. Therefore, if this applies to you, call our office to schedule a free consultation with a Los Angeles immigration attorney.
Generally, convictions considered or determined to be “crimes of moral turpitude" or “aggravated felonies” may affect your immigration status.
Some common fundamentals of moral turpitude crimes include crimes with the INTENT of harm. The following are some specific examples of “moral turpitude crimes”
In California, offenders involved in an auto or vehicle theft can be charged with either grand theft auto under Penal Code 487(d)(1) PC or Joyriding under Vehicle Code 10851 VC, which is the unlawful taking or driving of a vehicle.
An offender facing vehicle theft charges in Los Angeles may be charged with a misdemeanor or a felony. This depends on the defendant's case, criminal history, and whether he or she has had prior convictions, has been charged with similar crimes. This is primarily because in California grand theft auto under Penal Code 487(d)(1) PC and joyriding under Vehicle Code 10851 VC are generally considered as "wobbler" offenses.
Grand Theft Auto Penal Code 487(d)(1) PC charges require the court to show that the offender intended to keep the car permanently or for a "substantial" period of time.
While joyriding under Vehicle Code 10851 VC charges generally require the court to show that the offender intended to simply take the vehicle for a short spin.
Examples of grand theft auto in California include:
California Penal Code 484(a) states: Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another is guilty of theft.
Generally, a defendant can be charged with if he or she stole property valued over $950. Petty theft crimes are possibly the most common theft crimes prosecuted in Los Angeles County. According to an released by the LA Times last year, "Property crimes, which include burglary, theft and auto theft, increased by 7%, largely because of an 11% increase in grand- and petty-theft cases, which together jumped from 964 during the first half of last year to 1,074 during the same period this year." Luckily, an experienced Los Angeles criminal defense attorney may help in reducing or dismissing Grand Theft charges and or penalties; including:
Will a Criminal Conviction Affect My Immigration Status? Being convicted of a crime as a non-citizen can lead to serious consequences, including the loss of immigration benefits, deportation, or being placed into removal proceedings. In addition, you may become ineligible for permanent residency or citizenship, face jail time, or be fined. However, the impact on your immigration status depends largely on the type of crime committed. Types of Crimes That Impact Immigration Status There are specific crimes that may affect your immigration status. These include "crimes of moral turpitude" and "aggravated felonies." Generally, U.S. immigration law imposes harsher penalties on non-citizens convicted of aggravated felonies or controlled substance offenses compared to those convicted of other crimes.
The term "crime of moral turpitude" is not clearly defined under the law. Nevertheless, immigration officials and judges rely on case law to classify certain crimes as involving moral turpitude. Essentially, these crimes involve intent to cause harm or commit fraud, and they are considered shocking to public morality.
California VC 23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana.
Unlike, California Health and Safety Code 11359 Possession of Marijuana for Sale, which pertains to being caught with a large amount of marijuana in your vehicle. California Vehicle Code 23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.
Can’t get a job because you have a criminal record? There is help. Use KAASS LAW legal tips to get your life back! In order to clear your record, you need to get your conviction expunged. What does that mean you might ask? Well, read carefully!
If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction.
Such convictions are either a misdemeanor or certain types of felonies. You will be able to withdraw your plea of “guilty”, enter a plea of “not guilty”, and close the case without a conviction. However, this does not mean that your case entirely gets removed from your record. The arrest and charges will still exist and you must disclose the conviction in any direct question contained in any application for public office, for censure by state or local agency or for a contract with the California State Lottery.
The Los Angeles Criminal Justice System Process
When someone faces arrest for a criminal offense in Los Angeles—whether for a violent crime, DUI, misdemeanor, or serious felony—it can feel overwhelming. The criminal justice system moves swiftly, and you could quickly find yourself behind bars. Understanding the steps involved is crucial, as the outcome of your case can depend on how well you navigate this process. Acting quickly is essential. One of the most important steps is consulting with a skilled Los Angeles criminal defense lawyer. Early legal intervention can significantly influence the outcome of your case. Our legal team in Glendale, CA, is dedicated to providing the highest level of defense and representation to all our clients.
Most criminal cases begin with an investigation following an arrest. Whether you're taken into custody at the scene or after a warrant has been issued, you must remain calm and know your rights. The most important thing is to avoid answering questions from law enforcement without your lawyer present. Many people mistakenly believe they can talk their way out of a situation. Unfortunately, even innocent statements can be twisted to incriminate you. Remember, anything you say can be used against you in court. "Silence is golden," just as the "K" in KAASS.
Our experienced criminal defense attorneys in Los Angeles, CA, will help you fight the charges if authorities have falsely accused and wrongfully arrested you for blackmail or extortion. Request a criminal defense consultation with one of our defense attorneys in Los Angeles.
In California, extortion is generally treated as a felony. The penalties include:
If you or someone you know has been charged with Penal Code 518 PC extortion and you are looking to hire an attorney for representation, get in touch KAASS LAW. We can provide a consultation in office or by phone at (310) 943-1171. Our main office is in Glendale, CA, with additional locations in Los Angeles, Woodland Hills, and San Bernardino.
(b) This section shall not apply to any of the following:
(1) Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c) As used in this section, each of the following terms have the following meaning:
(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.
(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.
Pursuant to Roberts v. Wyndham defendants' motion to dismiss plaintiffs' claims brought under Cal. Penal Code § 632.7 was denied because plaintiffs suspected a communication involving at least one cellular phone, which satisfied the California Supreme Court's interpretation of § 632.7.
The appeal of section 632.7 to plaintiffs is that it may not require the subject communication be confidential, unlike section 632. The question arises whether Section 632.7 applies to the parties involved in a cellular or cordless telephone call.
Please get in touch with KAASS Law for any questions or concerns.
Immigration officials or judges determine if a crime qualifies as a crime of moral turpitude. Generally, the facts, evidence, circumstances that surround the conviction, and the legal language described in penal code, law, or statute violation.
Immigration officials general consider the fact surrounding the persons' convictions. The Board of Immigration Appeals (BIA) define moral turpitude as a “nebulous concept,” and one that “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.”
It is important to keep in mind that if the facts that surround the specific crime clearly displays that you acted intentionally.
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Yes, you can argue that your charges do not fall under the classifications of a crime of moral turpitude. While you or an immigration attorney can use this defense, you must consider the specific language or wording of the law, penal code, or statute under which the authorities charged you.
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale immigration attorney, near Los Angeles, CA.
Offenders charged with Grand Theft Auto PC 487 (d)(1) may very likely face the charge as a felony conviction. usually charged as a felony, which generally carries a potential jail sentence of two (2) years or three (3) years or sixteen 16 months.
While, on the other side of the spectrum, first-time offense for defendants facing Unlawful Taking of a Vehicle or "Joyriding" under Vehicle Code 10851 VC may be charged as a misdemeanor with other potential penalties such as:
An experienced Los Angeles criminal defense attorney specializing in theft crimes may be able to reduced or dismiss your vehicle theft charges. If you are facing vehicle theft charges it is imperative you speak with a Los Angeles criminal defense attorney and preserve your case. Call our office and schedule a free consultation with our experienced lawyers at KAASS Law. We will explain the criminal justice process, be there for you every step of the way, and advise you on various defense options available such as:
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free case consultation.
Generally, the court will often look at various factors surrounding the charges, such as the value of the property that was allegedly stolen, prior criminal convictions, charges, or cases, and the defendant intends to permanently deprive the owner of the property.
In Los Angeles, a majority of petty theft cases involve "larceny", otherwise known as shoplifting Many times, defendants caught shoplifting are merely booked and released from jail with only a petty theft citation. However, even if the defendant is booked and released from jail immediately, that does not necessarily decrease the chances of facing less serious penalties, such as jail time. Theft charges may also affect immigration status because the charges involve a crime of "moral turpitude".
Example 1: Theft Under Penal Code 484 and 488: Jose is a lawful immigrant and has a pending citizenship application and was arrested for shoplifting at a Macy's Department Store in Los Angeles and is currently facing petty theft by larceny charges. Jose is charged with larceny, such charges may negatively affect his citizenship application may because theft charges are considered as "a crime involving moral turpitude".
Generally, theft by false pretenses occurs when a defendant deliberately misrepresents facts in order to obtain possession or ownership of property from another. In order to be charged with theft by false pretenses, prosecutors are required to prove:
Larceny occurs when:
Call our office at (310) 943-1171 or contact us via email at [email protected] to schedule a free consultation with a Glendale criminal defense attorney. Our lawyers in Glendale, Los Angeles, CA, are highly dedicated to serving to needs of our clients.
KAASS LAW Address: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Phone: (310) 943-1171 Email: [email protected]
Some common examples of crimes that fall under moral turpitude include:
Conspiring to commit a crime or acting as an accessory in certain cases can also qualify as moral turpitude. What Are Aggravated Felonies Under Immigration Law? U.S. immigration law also categorizes certain offenses as aggravated felonies, which often result in severe consequences. These crimes, even if classified as misdemeanors under state law, can lead to deportation and permanent bars from re-entry into the U.S.
Examples of aggravated felonies include:
Non-citizens convicted of these crimes typically face automatic deportation with limited options for relief. Who Determines Whether a Crime Is One of Moral Turpitude? Immigration officials and judges are responsible for determining whether a crime qualifies as one of moral turpitude. They assess the circumstances of the case, the intent involved, and the wording of the penal code or statute in question. Case law also provides important guidance in these determinations. Defending Your Immigration Status After a Conviction It is possible to defend your immigration status even after a criminal conviction. One approach is to argue that the crime does not qualify as a crime of moral turpitude or an aggravated felony. This defense often hinges on the specific language of the statute under which you were charged.
Working with an experienced immigration attorney can improve your chances of successfully defending against deportation. Your attorney will analyze the legal language in your case and help build a solid defense. Can You Apply for a Green Card After a Conviction? Even after a conviction, you may still be able to apply for or renew a green card. In some cases, non-citizens can qualify for a 212(h) waiver, which allows them to apply for a green card despite having committed a crime of moral turpitude.
To qualify for a 212(h) waiver, you must meet the following conditions:
If you meet these criteria, you may still pursue permanent residency. Consequences of a Criminal Conviction on Immigration Status Criminal convictions can have lasting effects on your immigration status, including deportation. Deportation may separate you from your family and your life in the U.S. Certain convictions also make you ineligible for immigration benefits such as asylum, temporary protected status (TPS), or visa extensions. Why Hiring an Immigration Attorney is Crucial Defending your immigration status after a criminal conviction is complex, but an experienced attorney can help you navigate the legal process. They will review the details of your case, explain your options, and create strategies to avoid deportation or other severe consequences. If you're facing deportation due to a criminal conviction, it is crucial to seek legal assistance immediately. Immigration laws are complicated, but with professional help, you can work toward the best possible outcome. Contact Us for Legal Help Concerned about how a criminal conviction might affect your immigration status? Call our office at (310) 943-1171 or email us at [email protected] to schedule a free consultation with our immigration attorney. We will help you explore your options and work to achieve the best possible outcome for your case.
A Los Angeles criminal defense attorney can help you with the sort of legal assistance that you require regarding drug crimes in the county. Our lawyers in Glendale, Los Angeles, CA are here to help understand your legal rights. Please call our office at (310) 943-1171 or contact us via email at [email protected]
Yes, the California Judicial Council Form CR-180 is the form to file a petition for dismissal pursuant to California Penal Code § 1203.4. as well as § 1203.4a. Filing a petition for dismissal can be relatively easy, however, it can be a bit confusing. There are a number of forms that you must fill out and properly file them with the appropriate court. If you need help expunging your criminal record get help from a Los Angeles criminal defense attorney or call our office at (310) 943-1171 and schedule a free consultation.
However, if you served state prison time and or parole or are a parolee, you are ineligible for an expungement. But, you may still be eligible to apply for a Pardon. Further, there are certain Misdemeanor/Felony violations that are prohibited from being expunged. If you are unsure if you qualify, you may seek the advice of an experienced Los Angeles Criminal Defense Attorney. We hope this information was helpful. Stay SAFE! Glendale Criminal Defense Lawyer
A common concern among clients is whether charges can be dropped if police fail to follow the correct arrest procedures. The short answer: Yes, it’s possible. However, it depends on the specifics of the situation. California law requires officers to follow strict protocols when making arrests. If they violate any of these procedures, your attorney may be able to argue for dismissal. For example, if police failed to read your Miranda rights or conducted an unlawful search, these violations could lead to the suppression of key evidence. Our experienced defense attorneys will review every aspect of your arrest, looking for procedural errors. If we identify violations, we will take action to suppress evidence or file for dismissal.
After your arrest, the arraignment is your first formal court appearance. Here, the judge will inform you of the charges and set a bail amount. This is a critical stage in the criminal justice process, and you should have an attorney with you. Your lawyer can negotiate a lower bail or request your release on your own recognizance, which means you won't need to post bail. This allows you to remain free while preparing your defense. Before entering a plea—whether guilty, not guilty, or no contest—you’ll want to consult with your lawyer. Pleading guilty too early can hurt your chances of avoiding harsher penalties.
Once the arraignment is over, the pre-trial phase begins. This is when your lawyer can file motions to strengthen your defense. Pre-trial motions can help dismiss charges, suppress evidence, or challenge the legality of certain aspects of the case. An experienced defense attorney will review the evidence against you, including witness statements, police reports, and forensic data. By identifying weaknesses in the prosecution’s case, your lawyer can work to get your charges reduced or dismissed. At KAASS Law, we are dedicated to thoroughly examining every detail of your case and using all available legal tools to fight for you.
If your case proceeds to trial, the prosecution will present its evidence to the court. They must prove your guilt beyond a reasonable doubt. This is where your defense attorney plays a critical role. Trials can be intimidating, but your lawyer will guide you through each step—from jury selection to closing arguments. Your attorney will challenge the prosecution’s evidence and cross-examine witnesses to expose inconsistencies. The goal is to create doubt about the prosecution’s case and prove that the evidence is insufficient to convict you. Our attorneys at KAASS Law have a proven track record of success in both state and federal courts. We have defended clients against serious felonies and misdemeanors alike. Our team includes notable USC and Southwestern University School of Law alumni, and we are proud to serve on the boards of both the Beverly Hills Bar Association and the Criminal Courts Bar Association.
If you're facing criminal charges in Los Angeles, Glendale, or the San Bernardino-Riverside Metropolitan Area, don’t wait to seek legal help. The criminal justice process can be overwhelming, but you don’t have to navigate it alone. At KAASS Law, we provide aggressive, high-quality representation to protect your rights at every step. Our criminal defense attorneys have a 99% success rate in dismissing first-time misdemeanor charges. Contact us today for a free consultation. We are ready to fight for your freedom and help you build a strong defense.