Legal Blog

A slew of California mosques received hateful letters from an anonymous group titled “Americans for a Better Way” on November 28, as reported by KTLA News. The letters were sent to Southern and Northern California mosques, as well as Islamic Centers in San Jose, Claremont, Long Beach, and Northridge. They were addressed “to the children of Satan,” calling Muslims “a vile and filthy people.” KTLA story link: LAPD, FBI Address Threatening Letters Sent to California Mosques. LAPD Deputy Chief Michael Downing noted how hateful rhetoric is rooted in fear and escalated by the charged political climate. However, according to the article, Downing believes that these letters are not to be considered a hate crime; rather, they are classified as a “hate occurrence.” One of the letters went on to predict that the federal government would carry out violent, genocidal acts against Muslims.

The rising pressure on Muslims and Islamic culture has been propelled by recent political conditions. The rise of Islam as a minority faith in America can be argued to increase anxiety among certain members of dominant religions. These reservations on Islamic culture, intensified by foreign events and the rise of ISIS, are expressed through hateful mediums, such as these letters (cited above). Although Downing claims that these letters are not to be considered a hate crime, one can argue otherwise. The liberty of religious freedom rests upon civil and political freedoms. And as of November 30, 2016, the Council on American-Islamic Relations (CAIR) has reported over 100 incidents against Muslims since the presidential election.

Religious freedom is something that Western culture has prided itself on. Religious rights were written into the First Amendment of the Bill of Rights, and this document is supposed to protect people of all religions, allowing them to freely practice their faith without discrimination. It is a federal crime to threaten or imitate people because of their religion. Although LAPD claimed these letters are not hate crimes, it can be argued that when these letters referenced an Islamic genocide, a threat was made against a religious group. Regardless of whether “Americans for a Better Way” will be prosecuted, one theme is evident: a rise in religious intimidation is a cause for concern.

Talk to a Los Angeles Civil Rights Attorney

Aaron Spolin, a former prosecutor, and award-winning Los Angeles criminal defense lawyer, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 424-5816.

[Update 1/31/17: The below article announces the November 2016 negotiation of two dismissals for Spolin Law P.C. clients. Since the publication of this article, both cases have been formally dismissed.]

November 30, 2016. Spolin Law P.C. is pleased to announce two negotiated dismissals on significant cases within a two-day span.

On the first case, a Spolin Law P.C. client was facing felony charges in Riverside County for allegedly violating Penal Code section 136.1(c)(1) (“Felony Threats to a Witness”). This charge would have been punishable by state prison for two, three, or four years. Los Angeles criminal defense attorney Aaron Spolin, a former prosecutor, is representing the client and took a “trial focused” approach from day one. He communicated to the assigned Deputy District Attorney an unwillingness to settle for anything less than an outright dismissal, given the client’s clean record and the likelihood of a defense verdict at trial.

Based on this trial-focused approach, the Deputy District Attorney agreed to dismiss the case as long as the client provides letters of reference from members of the community regarding the client’s character, which Spolin Law P.C. will help the client to do. The next court date is coming up next month. A case dismissal means that there will be no criminal record.

Two days prior to this negotiated dismissal, Spolin Law P.C. also negotiated the pending dismissal of a misdemeanor case in Los Angeles County. The client was charged with violating Business and Professions Code section 25661 (“Using a Forged Identification Card”). Mr. Spolin also personally represented this client and negotiated a dismissal, which will occur after the client completes twenty hours of community service at an organization of the client’s choosing. The dismissal will result in no criminal record for this client as well.

These results are based on Spolin Law P.C.’s comprehensive approach to criminal defense. Every legal step is taken to achieve a fair outcome for clients. This includes preparing each case for trial so that negotiations with the prosecutor’s office can be carried out from a position of relative strength.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning Los Angeles criminal defense attorney, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 424-5816.

What is a Subpoena?

A subpoena is a formal demand for a person to testify in a court. A prosecutor or defense attorney may issue a subpoena to a person for his or her testimony or to a person for him or her to bring documents or other evidence to court.

When is a Subpoena Issued By a Criminal Court?

Our California Constitution provides that a defendant in a criminal case has the right to confront accusers and may compel witnesses to appear at a court proceeding to testify on his or her behalf. At the same time, the state has the right to require witnesses to give testimony in criminal cases. Both sides use a subpoena to compel witness appearance.

There are two different types of subpoenas. A subpoena can be issued to make a witness appear at a hearing. Another type of subpoena, called a subpoena duces tecum, can require a witness to produce documents or other evidence at a hearing.

Subpoenas For Non-Party Records

Sometimes documents are needed from a non-party. Those records can be obtained directly by either attorney if the person or entity from whom the records are being sought signs an authorization to release them to that attorney. Otherwise, that attorney may need to have a subpoena duces tecum issued and signed by a judge or other court personnel, requiring that the non-party deliver the documents to the court for the court to review them before deciding whether the attorney, usually the defense, is entitled to receive the documents.

Who Serves a Subpoena?

A subpoena can be served personally by anyone other than a defendant in the case. Although peace officers are required to serve subpoenas for the parties in a criminal matter, as a matter of course, private defense attorneys often use private process servers to ensure that subpoenas are served in a timely manner. Service of the subpoena must give the witness sufficient time to prepare and to travel to the place specified for the appearance.

A subpoena may also be served by mail or by messenger, However, when these methods are used, the service is not effective until the witness acknowledges the receipt of the subpoena either by telephone, mail, email, or in person.

Distance Issues In Subpoena Service

If the witness is located 150 miles or more away, special handling of a subpoena is required. The person seeking to compel the witness’ appearance must show the judge why this witness testimony is required. This is usually done by affidavit or declaration. If the judge feels that the witness testimony is material to the case, the judge will order that the witness be compelled to attend. Likewise, only a judge can order that an out-of-state witness be compelled to attend a hearing within California.

Subpoenaing Law Enforcement Officers

Service of a subpoena upon a peace officer is made by serving two copies of the subpoena to the officer’s immediate supervisor or whatever agent is designated to receive subpoenas on the officer’s behalf. Some counties allow service to be effected electronically via email or other designated device.

The superior may refuse service if insufficient time exists to deliver the subpoena to the officer. If a subpoena is served on the superior less than 5 days before the hearing date, the superior may refuse service.

Witness Fees

The court can grant $12 per day for each day’s attendance, a reasonable amount for necessary expenses and, up to $18 per day, rather than $12, if the witness is employed and the employer does not pay the employee’s wages for the time the employee is at court.

Quashing a Subpoena

A court may quash a subpoena for the appearance of a witness if the facts warrant it; such is the case when the testimony that would be offered is not material to the case. When documents are ordered to be brought to the court, a judge may review the documents out of the purview of the parties to determine whether the subpoenaing party is entitled to receive the documents.

An experienced Los Angeles criminal defense attorney may also object at the hearing or trial in addition to, or as an alternative to bringing a motion to quash a subpoena.

What To Do When The Witness Fails to Appear

If a witness who has been properly subpoenaed fails to appear, counsel’s only remedy is to ask the court for a continuance. If a subpoenaed witness fails to appear, counsel may be able to obtain a warrant from the court ordering the sheriff to bring the witness to court. A failure to appear on a proper subpoena may also subject the witness to a contempt order from the court. If the witness is on call after being properly subpoenaed and fails to appear, the subpoena must state that failure to appear according to an on-call agreement may be punishable as contempt, in order for the court to order the witness in contempt.

What Difference Does a Good Lawyer Have Regarding A Subpoena?

The quality of your attorney can have a significant impact on the subpoenaing and handling of witnesses at a hearing or trial. Subpoenas are highly technical and a good attorney will understand how to subpoena your witnesses and what to do if they fail to appear so that your criminal proceeding is handled quickly and efficiently.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning criminal defense attorney in Los Angeles, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 424-5816.

What is Arraignment?

An arraignment is the process where the defendant formally hears the criminal charges and has an opportunity to enter a plea (e.g., guilty, not guilty, no contest, etc.). In Los Angeles County it is one of the first stages of the criminal process. Arraignment is usually the first time a defendant is brought before a judge, informed of his or her rights, and given an opportunity to admit or deny the charges.

It is also the time when the prosecutor’s charging document is filed with the court. The charging document is technically called a “complaint,” “information,” or “indictment,” depending on the type of case. The document will lay out the crimes that the prosecutor says the defendant committed.

How is Bail Set?

The judge typically sets bail at an arraignment. There are a lot of specifics about how the bail amount is determined and what an attorney can do to potentially lower or eliminate the bail. Learn more at the Spolin Law P.C. Complete Guide to Bail.

When Does The Arraignment Occur?

Arraignment usually occurs after the defendant has been arrested. When a defendant is kept in custody after being arrested, the arraignment must occur within 48 hours of the arrest. The 48-hour period does not include weekends or holidays, however, so a Friday arrest can result in a long period of jail time before arraignment, as can any arrest during or directly before a major holiday.

Do You Need To Be Present At Your Arraignment?

If you are charged with a felony you generally have to be physically present at arraignment. If you are charged with a misdemeanor you generally do not have to be present if you have an attorney who can appear on your behalf. Nonetheless, a judge can still order your appearance on a misdemeanor case. If you are not released after your arrest, you will be present at your arraignment because the officers will bring you to your arraignment while in custody.

What Happens At Arraignment?

During arraignment, the judge, a clerk of the judge, or a prosecutor will read the charging document out loud. The judge will try to determine the defendant’s true name, in case he or she was arrested under an incorrect name. The judge will also advise the defendant of his or her rights, as determined by the US and California constitutions and California law. The defendant will then have the opportunity to enter his or her plea (including guilty, not guilty, no contest, or similar plea).

Finally, the judge will decide whether the defendant has to be in jail while the case progresses or whether the defendant can be free during the course of the case. Judges frequently set a “bail” amount, which means that the defendant will be kept in jail unless he or she deposits the bail money to the court. That money is returned to the defendant (or whoever paid it) at the conclusion of the case as long as the defendant showed up for all mandatory court dates.

What Happens After Arraignment?

At the end of the arraignment, the judge will set a schedule for the case. Dates for pre-trial motions and hearings will be set. A motion is a legal request by one of the lawyers for a certain action, like a defense lawyer’s motion to suppress evidence or dismiss the case. The trial date can also be set at arraignment. If the judge sets a bail amount, the defendant will be given a chance to pay the bail after arraignment.

What Difference Does a Good Lawyer Make At Arraignment?

The quality of your attorney can have a significant impact on the arraignment. This is in great part because of the attorney’s role in the bail argument. During arraignment, the judge will decide whether to keep the defendant in jail until the case is over or release the defendant for the duration of the case. A judge can also set a huge bail amount (e.g., $1,000,000 bail), which effectively means that the defendant will stay in jail for the entire case.

An experienced Los Angeles criminal defense attorney will more likely be able to make strong arguments to the judge regarding release and bail. If your attorney is able to argue for a low bail amount, this can be the difference between months in jail before trial versus months living free and fighting the charges from the outside.

Talk to a Los Angeles Criminal Defense Lawyer Today

Aaron Spolin, a former prosecutor, and award-winning Los Angeles criminal defense lawyer, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 424-5816.

Los Angeles criminal defense attorney James Crawford was attacked on March 9th while inside a courthouse preparing for hearings. In fact, attorney Crawford describes an attack carried out by an investigator for the Orange County District Attorney’s Office. Photos after the assault and battery show Crawford with a large, swollen red and black area under his eye, other bruising on his face, and a collared shirt splattered with blood.

Crawford is a criminal defense attorney in Los Angeles with a focus on white-collar crime, DUI and DWI offenses, federal crime, and domestic violence. He described his interaction with the DA’s investigator as one-sided and catching him completely by surprise. According to Crawford, he approached a witness to advise the witness of his rights. A DA investigator in charge of the witness interfered with Crawford’s communication, and the exchange escalated. Then, when Crawford noted the allegations of misconduct arising from the county’s jailhouse informant program, the investigator rushed towards Crawford and began to punch him repeatedly in the head and face. Multiple Santa Ana police officers eventually pulled the investigator off of Crawford. The investigator is currently on leave as a result of the incident.

The president of California Attorneys for Criminal Justice, Matthew Guerrero, has called for a “thorough, independent” investigation into what occurred, including the disclosure of any records, video, or other documents related to the incident.

While the District Attorney’s Office has not released an alternative version of events, Guerrero is currently criticizing law enforcement for its non-communicative reaction, describing it as “circling the wagons.” President of the Association of Orange County Deputy Sheriffs, Tom Dominguez, has called for calm as the incident is investigated, and is arguing that defense attorney Crawford may be simply trying to “drum up a payday.”

A conviction for simple misdemeanor assault could result in up to six months in jail and a $1,000 fine, while misdemeanor battery has the same maximum jail sentence but a maximum $2,000 fine. In addition, a conviction would almost certainly result in the investigator losing his job and no longer being eligible for a position in a law enforcement agency. Nonetheless, the outcome of the fracas involves a number of open questions, including whether there is sufficient public trust in the Orange County District Attorney’s Office to have final say over whether to prosecute a member of their own office. Any decision not to prosecute will be described as a result of an inherent conflict of interest. It is for this reason, among others, that some, including Northeastern University law professor Daniel Medwed, argue that the DA’s Office may need to be subjected to federal oversight.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning Los Angeles criminal defense attorney, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 407-7348.

Prominent Los Angeles criminal defense attorney Marcus Musante is running for Congress in California’s 44th congressional district. While a very high percentage of congress members are attorneys by trade, very few come from criminal defense backgrounds. Most are former civil attorneys, government attorneys, or prosecutors. However, this defense lawyer notes his extensive background on both sides of the courtroom, including as a former prosecutor for the Los Angeles District Attorney’s Office.

Attorney Musante is campaigning on a record of fighting for public safety, the rights of low-income and minority populations, and a history of pro bono volunteer work for the community. While challenges to incumbent congress-members have a low success rate, current Congresswoman Janice Hahn has previously announced that she is retiring from Congress to run for the Los Angeles County Board of Supervisors. Rep. Janice Hahn Leaving Congress for LA County Board of Supervisors.

In 2011, before Musante became a criminal defense attorney, he achieved a level of prominence in Los Angeles when he ran for District Attorney. A deputy district attorney at the time, Musante promised that, should he be elected, he would not prosecute any drug possession cases. LA Weekly Article from 2011. He argued that such an act would have diminished the workload of law enforcement substantially, allowing peace officers and prosecutors to focus more on violent crime. He also vowed to avoid the death penalty and diminish use of prior strikes, which can substantially lengthen prison terms for certain low-level felony offenses. He noted in the LA Weekly article: “We have to tell the difference between a criminal and a bad guy. A guy may have a prior strike from 20 years ago. That strike, even if it’s just knucklehead stuff, it just buries him.” This commentary is notable, especially given the fact that he was not yet an advocate for criminal defendants but was, at the time, a career prosecutor.

The 44th congressional district includes parts of southern Los Angeles and extends south to the coast in San Pedro. It includes the areas of Compton, Downey, East Compton, Lynwood, San Pedro, Wilmington, and North Long Beach, among other areas. Other candidates for the office include State Senator Isadore Hall and Hemosa Beach City Councilwoman Nanette Barragan. Neither of the other candidates are involved in the criminal justice system, although Ms. Barragan is an attorney. Fall 2015 candidate fundraising reports indicate that Musante is lagging far behind Hall and Barragan, with approximately $17,000 cash on hand compared to Barragan’s $210,000 and Hall’s $500,000. See BallotPedia’s Fundraising Reports for more information.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning criminal defense attorney in Los Angeles, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 407-7348.

On Friday three inmates accused of major felonies escaped from the Orange County Men’s Jail, located 40 miles from downtown Los Angeles in the Santa Ana area. The three men were in custody pending pre-trial proceedings and trial for unrelated charges of murder, kidnapping, and torture. An area-wide manhunt is now underway.

The Orange County Sheriff announced the escapes today. The Sheriff’s Office has determined that the inmates escaped by cutting through half-inch steel bars, climbing through a sewage pipe, and using bed sheets tied together as a rope to climb down four stories.

While the charges that the inmates faced are certainly serious, their act of escape may also meaningfully lengthen their sentences. Under California law, escaping from a jail when facing felony charges is itself a felony (although a prosecutor has discretion to charge the offense as a misdemeanor). Escape is defined as

• “an unlawful departure”
• “from the limits of an inmate’s custody”
• by an individual lawfully in custody.

People v. Gallegos (1974). Conviction of “escape” can result in a prison sentence of 16 months, two years, or three years, depending on the decision of the sentencing judge.

An escape attempt for inmates who have yet to face trial will also likely impact their upcoming trial. This is because prosecutors are given wide latitude to show evidence of the defendant’s conduct that indicates “consciousness of guilt.” That is, assuming a judge does not determine that the incident would unfairly prejudice the jury against the defendant, a prosecutor can show evidence of the escape to demonstrate that the defendant knew he or she was guilty and wanted to escape the prospect of conviction at trial. Fleeing from police or otherwise avoiding capture are other examples of conduct by an accused that can frequently be used at trial to show consciousness of guilt.

As the search for the three inmates continues, check back for updates on the status of the manhunt and on whether they will indeed be charged with and prosecuted for the crime of escape.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning criminal defense attorney in Los Angeles, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 407-7348.

On January 21, the City of Los Angeles announced the first criminal charges against a drone operator. City Attorney Mike Feuer said that the two defendants, who are 20 and 35 years old respectively, will face misdemeanor charges. For the younger defendant, this is the second time he allegedly flew his drone in restricted areas.

It is a misdemeanor under Los Angeles law for an individual to operate a drone within five miles of an airport, 25 feet of a person, or in excess of 500 feet in the air. Besides having a misdemeanor on one’s personal record, this may also result in up to six months in jail and a fine. The Los Angeles drone ordinance is posted here: LA Regulations on Unmanned Aircraft Systems, which can be found online.

According to the City Attorney’s office, the defendants operated a drone near the Los Angeles Police Department’s helipad in downtown LA, and the presence of the drone required a police air vehicle to divert from its intended landing path.

Legislatures and local government entities are passing drone laws with increasing frequency, although enforcement with criminal sanctions has been rare so far. As technology has developed, drones have become more and more sophisticated and are now posing significant dangers to airborne aircraft and even people who may inadvertently come into contact with a drone flying at a very low altitude.

It is unclear at this early state what, if any, defenses are being raised by those charged with the drone laws. The Los Angeles city ordinance (cited above) does not mention the required mental state of the defendant. This could mean that, unless a court interprets an implied required mental state, the defendant may not be able to argue that the drone’s entrance into the five-mile area near the airport was an accident.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning Los Angeles criminal defense lawyer, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 424-5816.

In the latest update on the Venice Beach police shooting of a homeless man, the Los Angeles Police Chief has called for charges against the officer involved, Officer Clifford Proctor.

By way of background, in May of 2015 amidst the national discussion of police conduct, Officer Proctor shot Brendon Glenn, a homeless man who was not armed. Proctor had forced Glenn to the ground and, according to LAPD investigators, Proctor shot Glenn twice in the back when Glenn attempted to push himself up.

You can read the most recent Los Angeles Times story here: L.A. Police Chief Beck backs charges against the officer who fatally shot Venice homeless man, L.A. Times, Kate Mather, January 11, 2016.

Officer Proctor initially reported that Glen was attempting to take Proctor’s weapon and that he fired in self-defense. However, based on a review of forensic evidence and eyewitness reports, the LAPD investigators determined that Glenn did not make a movement directly towards Proctor’s gun but was merely pushing himself up off of the ground. These findings are what prompted LAPD Chief Charlie Beck to recommend criminal charges.

If charges are filed, it will be the first time in 15 years that the Los Angeles District Attorney’s Office has filed charges against an officer for an on-duty shooting.

The District Attorney’s Office has not specified whether they will charge Proctor, but his conduct could fall under one of a number of homicide crimes under the California Penal Code. CA Penal Code section 187 defines murder as “the unlawful killing of a human being or a fetus with malice aforethought.” Malice includes acts where the offender intended to kill the victim, knew his actions would kill the victim, or acted with “conscious disregard for human life.” Proctor could also face charges for lesser homicide and non-homicide offenses.

LAPD Chief Beck does not have final authority over whether Proctor is prosecuted. District Attorney Jackie Lacey will make that decision. However, it does not bode well for Proctor that his chief has recommended charges.

Talk to a Los Angeles Criminal Defense Lawyer

Aaron Spolin, a former prosecutor, and award-winning criminal defense attorney in Los Angeles, has a track record of success handling violent crime cases. He has been on the winning side of hundreds of cases. To receive a 100% free and confidential consultation from an attorney or staff member today, please call this number: (310) 407-7348.