Do I Need to Hire a Criminal Defense Attorney If No Charges Have Been Filed?

young lawyer in the office. attorney for the law.You were arrested, but no charges have been filed. You may think that hiring a criminal defense attorney at this “pre-filing” stage or “investigation” stage is not necessary.

On the contrary, hiring an attorney is very important at this stage because critical decisions are being made about your case. Having the right criminal defense attorney can mean the difference between the District Attorney filing formal charges or the announcement that the case has been dropped against you.

What Happens At the “Pre-Filing” Stage?

At the “pre-filing” stage, the police agency that arrested you needs to do a thorough investigation. Upon the completion of their investigation, your case is turned over to the District Attorney for consideration of filing formal charges.

Although some attorneys prefer a “wait and see” tactic at this critical stage, the more aggressive criminal defense attorneys take a more proactive approach to prevent the detectives from gaining damaging statements, information and other data about your case. In addition, by hiring the right criminal defense attorney, you can also provide the district attorney with positive information about your side of the story that may tip the district attorney into dropping the case. The bottom line is that it is never too early to hire a good criminal defense attorney to protect your legal rights and prevent the filing of formal charges against you.

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 to Help Your Criminal Defense Attorney

Pack With DrugYou were arrested for a criminal offense. You made the smart decision to hire an experienced criminal defense attorney to protect your legal rights and provide you with the best defense possible. However, it is important to note that even the best attorney will still need the help of his or her client to prepare a successful defense strategy.

Below are some important steps you should consider to help your criminal defense attorney:

  • Do not talk to the police. You have the constitutional right to remain silent. While you may think that you have nothing to lose by telling your side of the story, nothing could be more devastating to your case. The only thing you will do by telling your story is to help the police build a stronger case against you.
  • Do not talk to anyone. This means you should not even talk to your parents, spouse, siblings or friends. The best policy is not to talk to anyone about your case except to your lawyer.
  • Tell your attorney the whole truth. Your attorney is only as good as the information you provide him or her. The bottom line is that your attorney needs to know every fact, whether you think it is relevant to your case or damaging.
  • Ask questions when you don’t understand. A good criminal defense attorney will never think your questions are stupid. Moreover, attorneys prefer a client who understands what is going on with the case, as opposed to those who don’t.
  • Keep in contact with your attorney. It is important that you keep all appointments with your attorney and that you notify your attorney if you move.

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.

California Sex Crimes: Sex Offender Registration

Young woman behind a metal fenceBeing accused and convicted of a sex crime in the State of California can entail serious penalties. One of the most devastating consequences is having to register as a sex offender under the Sex Offender Registration Act.

To avoid this life shattering consequence, it is imperative that you immediately consult with a Los Angeles sex crime attorney to protect your legal right and obtain the best defense possible. A good criminal defense attorney, who focuses his practice on sex offenses, will know the most effective defenses to prevent a conviction.

Duties Under California’s Penal Code 290

Under California Penal Code 290, also known as the Sex Offender Registration Act, you are required to register as a sex offender for the rest of your life as long as you live, work or attend a school in California. Upon conviction, you are required to inform local law enforcement agency as to your general whereabouts.

California Sex Offenses That Require Registration Under Penal Code 290

If you are convicted of any of the following sex offenses in California, you will be required to register as a sex offender under Penal Code 290:

  • Most acts involving minors
  • Most acts involving rape and sexual batter
  • Indecent exposure

This is not an exhaustive list of the California sex offenses that will subject you to a Penal Code 290 registration. It should also be noted that a judge can order you to register as a sex offender for any offense, even if it is not listed in the Sex Offender Registration Act, as long as the judge believes that you acted on a sexual compulsion or for your own sexual gratification.

Call an Experienced Los Angeles Sex Crimes Attorney

For more information or to schedule a complimentary consultation with Los Angeles sex crimes 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.

Consequences of a Violent Crime Accusation

Domestic ViolenceBeing accused of any crime can have serious consequences on all aspects of your life. However, getting accused of committing a crime related to violence can be even more devastating and complicated because these types of crimes may or may not involve actual physical injury.

If you or someone you love is accused of committing a violent crime, it is imperative that you quickly consult an experienced Los Angeles violent crime defense attorney to protect your legal rights.

What Is a Violent Crime?

A violent crime is a crime in which the accused used or threatened force upon the victim. A violent crime can entail both crimes where the act is the objective, such as a murder, as well as crimes where the violence is the means to the end, such as a burglary.

The Collateral Consequences

Accusations of committing a crime of violence can quickly trigger negative consequences that can be devastating to your life. In addition to a prison sentence, being accused or convicted of a violent crime can have personal, professional and social consequences. Common consequences include:

  • Arrest
  • Restraining orders
  • Loss of employment
  • Leverage in child custody cases or business disputes

Most violent crimes are often unfounded allegations that are fabricated to obtain influence and control in another case by the victim. It is not uncommon for the “victim” to embellish the facts in his or her favor and paint a picture that is more negative than the actual event. However, regardless of whether the victim is embellishing the facts or telling the truth, once you are arrested, the damage is already done. As such, it is important that you immediately consult an attorney to protect your rights.

Call an Experienced Los Angeles Violent Crimes Defense Attorney

For more information or to schedule a complimentary consultation with Los Angeles violent crimes 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.

Arrested? Know Your Rights!

Police Officers On DutyJust 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?

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.

California Laws on Charges of Embezzlement

Internet TheftEmbezzlement 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

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.