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Home > Archives for M. Grossman

Jun 16 2021

Reckless Drivers in California

Reckless driving in California is covered by Vehicle Code 23103 VC in the state law. Everything concerning reckless driving, including how it is defined and the respective punishments if guilty of reckless driving, are all contained in that chapter of the law.

This article will discuss what Vehicle Code 23103 VC considers as “reckless driving” as well as the penalties, legal defenses, and other possible outcomes and consequences when charged with reckless driving.

If you have questions regarding traffic laws and reckless driving laws in California, don’t hesitate to talk to our Upland California criminal defense attorneys at the Law Office of Marc Grossman.

Reckless Driving Defined

Reckless Drivers in CaliforniaAccording to the vehicle code, reckless driving is the act of intentionally or deliberately driving on a highway while having no disregard for the safety of other people or their property. Examples of this include street or drag racing, doing fast donuts in a parking lot, or speeding through a school zone.

To prove that you are guilty of reckless driving, the prosecution must be able to prove that you:

  1. Were driving a vehicle on a highway or off-street parking facility, and
  2. >Were driving with wanton disregard for the safety of persons or property.

“Highways” include publicly maintained roads that are accessible for use by the public while “off-street parking facility” includes both public parking facilities and private parking facilities accessible to customers for free like those found in malls. This excludes private parking facilities not accessible by the public, including employee parking facilities.

On the other hand “wanton disregard for safety” is defined as being aware of the substantial and unjustifiable risks brought about by one’s action, but also intentionally ignoring these risks. This also means that a driver does not have to intend to cause harm to be reckless.

This also means that simply speeding does not make you guilty of reckless driving. A person speeding on an empty road will be guilty of speeding and get a speeding ticket, but not reckless driving because he is not putting anyone at risk for his actions. This is in contrast to speeding through heavy traffic where many people will be put at significant risk.

Reckless Driving Penalties

Violation of 23103 VC is a misdemeanor. The crime is punishable by a fine ranging from $145 and $1,000, imprisonment from anywhere between 5 days and 90 in county jail, or both. Being guilty of reckless driving also results in two points being put on your driver’s license by the California Department of Motor Vehicles (DMV) which will remain on your record for 13 years.

If a driver accumulates 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, he will be considered a “negligent driver” and may face probation or license suspension.

A driver does not have to cause injury to be guilty of reckless driving, but if he does, the severity of the injury will contribute to the degree of the punishment the driver will face.

Reckless driving causing minor injuries is still considered a misdemeanor, but with penalties increased to 30 days to one year in jail, a $220-$1,000 fine, or both. If serious injuries are caused, the offense will be a wobbler offense which means it can be charged as a misdemeanor or a felony.

Felonious reckless driving is punishable by fines of up to $10,000, three years in state prison, or both.

Legal Defenses to Reckless Driving Charges

When faced with a reckless driving charge, it is the job of your criminal defense attorney to build a defense to protect you and have your charge either reduced or dismissed entirely.

Common defenses include:

  1. Necessity,
  2. Non-recklessness of the driver
  3. The defendant was not the driver.

Necessity

A defendant may try to defend his actions using the necessity defense, which is sometimes also referred to as “guilty with an explanation”. This means that the defendant will try to justify his reckless driving with reasons that may include emergencies.

Pleading guilty with an explanation involves being able to prove that the necessity was real and valid. This includes presenting accident reconstruction, CCTV footage, and witness statements to the prosecutor and the court. Your Upland criminal defense lawyer should be able to determine which evidence to use best in your specific scenario.

Non-Recklessness of the Driver

For you to be guilty of being reckless, the prosecution must be able to prove without a reasonable doubt that you were driving with deliberate disregard for the safety of others. This can be opposed by showing that you weren’t intentionally ignoring the risks of harm to others when you were driving.

The Defendant Was Not the Driver

Only a driver can be guilty of reckless driving, so if your criminal lawyer can prove that you weren’t driving, you are automatically not charged with reckless driving.

If you are currently facing reckless driving charges, be sure to get in touch with our criminal defense lawyers immediately at the Law Offices of Marc Grossman, a Upland, California criminal defense law firm We will help you build the best defense right away.

Written by M. Grossman · Categorized: Criminal Defense

Jun 02 2021

California Sex Offender Registry and the New Senate Bill 384

There are times when a person is wrongly accused and is convicted of sex crimes such as indecent exposure or sexual battery. Convicts of sex crimes are also required to undergo sex offender registration. This puts a negative note on an innocent person’s reputation. That is why it’s necessary to contact a sex crime defense attorney who can help you defend yourself.

Sex crimes

These are offenses wherein a person engages in sexual activities that include violence, without consent from the other party, or with someone who cannot legally give consent. Some of the acts considered as sex crimes are:

  • Prostitution. The act of giving out sexual favors for money. Prostituting others for your gain may also fall under this category. (Note: Prostitution as a form of sex work is currently being debated around the world. Some jurisdictions upon writing still consider prostitution as a crime.)
  • Child molestation and pornography. Refers to indecent interactions with a child or possession of physical or digital materials depicting children engaging in sexual activities.
  • Sexual assault. It’s the act of engaging in sexual activities without the consent of the other party.
  • Public indecency. Includes nudity, exposure of private parts, and engaging in sexual acts publicly.

Sex offender registry

California Sex Offender In California, the law requires all convicted of sex crimes to register as sex offenders. This should be done every year within five days of your birthdate. You should also register within five days after moving to a new place. In addition, certain provisions of Jessica’s law apply to California. Some of these provisions are:

  • GPS monitoring of sex offenders for life
  • Increased penalties and fees imposed by the court
  • Extension of parole
  • Expansion of the scope of some sex crimes.

Aside from the unfortunate consequences to your reputation, some restrictions may be imposed on sex offenders on a case-to-case basis like the prohibition of living near schools or parks. The people also have the right to know if offenders are living within their neighborhood.

Senate Bill 384

The recently passed Senate Bill 384 now supersedes the California law where sexual offenders must register yearly. The bill introduces a three-tiered system and the severity of the crime determines what tier you belong to and what is the minimum number of years you should register. Below are the tiers and some of the crimes it covers. Do take note that the crimes listed below are non-exhaustive.

  • Tier one. This tier requires people convicted of sex crimes to register as sex offenders for a minimum of ten years. Crimes such as indecent exposure (PC 314), child pornography (as misdemeanor; PC 311.1), sexual battery (as misdemeanor; PC 243.4), sodomy (as a misdemeanor and in some felony cases; PC 286), etc. are included in this tier.
  • Tier two. This requires sexual offenders in this tier to be registered as such for a minimum of twenty years. Some of the crimes included in this tier are engaging in incestuous acts (PC 285), committing lewd acts with a minor aged below 14 (PC 288), sodomy when the victim is incapable of giving consent, or a minor aged below 14 (PC 286), etc.
  • Tier three. The highest tier where sexual offenders must register for life. Crimes included in this tier are murder or attempted murder during a forced sexual act (PC 187), kidnapping or attempted kidnapping during a forced sexual act (PC 207 and PC 209), rape (PC 261), forced sodomy (PC 286), etc.

You must personally report and register your address with the law enforcement agency within five days after your sentence, release from custody, or discharge from the hospital (whichever is the earliest of the three). Once registered, you are required to register yearly within five days of your birth date. The California Department of Justice (DOJ) will continuously track your compliance in reporting and registering.

Certain circumstances will require you to register within a specific timeframe aside from your birth date.

  • Moving residences. You must report personally to the police within five days of moving to your new address or address. If moving outside California, the state you are moving into may require you to register according to their laws. If you are from outside California but go to the state for work or education purposes, you must report to the law enforcement agency that has jurisdiction over your workplace or school.
  • Sexual violent predators. Defined as someone who was convicted due to a violent sexual offense and is diagnosed with a mental disorder. People who are deemed as such must report and update their status with their local law enforcement agency every 90 days.
  • Changing names. You are required to report your new name within five days of the change.

Megan’s Law

Information about registered sex offenders will be tracked by the DOJ and made available on their Megan’s Law website. It will display your name, photo, the crime you committed, and any identifying feature or information (height, eye color, aliases, scars, etc.). Other information such as address will appear depending on the nature of the sex crime and your criminal history. The following are some of the cases in which the address are displayed:

  • Murdering while committing or attempting rape or other forced sexual act (PC 187)
  • Committing rape by fear or by force (PC 261)
  • Committing specified acts of oral copulation (PC 287)
  • Committing specified acts of sodomy (PC 286)
  • If the person is deemed as a sexually violent predator

Removal from the sex offender database

Depending on the severity of the crime, there are multiple ways for you to be cleared from your status as a sexual offender. Here are some of those methods:

  • Rehabilitation Certificate. You may apply for this after seven years after your release from custody or probation provided that your case has been expunged, you have not committed any crimes that caused you to go under probation or be incarcerated, and you have been a resident of California for at least five years.
  • Expungement. Completing your probation and exhibiting good behavior can remove your conviction from your criminal record. However, annual registration as a sex offender is still a must. Expungement does not apply to certain sex crimes.
  • Governor’s pardon. Given to those who have observed good behavior for a certain amount of years after custody or probation.
  • Petition for Tier one and Tier two offenders. Tier one offenders may submit a petition after ten years and tier two offenders may submit theirs after twenty years.

However, do note that if you are proven to be non-compliant to the law and failed in registering as a sex offender, your chances of having your petition or application for any of the above methods will be affected. In addition, a warrant of arrest may be issued against you.

Ready to prove your innocence? The Law Offices of Marc Grossman are ready to fight for you. Contact our California sex crime defense lawyer for a free confidential consultation.

Written by M. Grossman · Categorized: Criminal Law

May 25 2021

How to Defend Against Involuntary Manslaughter Charges

An involuntary manslaughter conviction brings harsh consequences. If you get convicted, you’ll face punishment such as imprisonment and hefty fines. To prevent a guilty verdict, it’s best to know all about this crime and how to defend against it.

This article will discuss how involuntary manslaughter is defined and how you can defend against charges. If you’re facing involuntary manslaughter charges, it’s best to contact our Upland criminal defense attorney to fight for you!

How does California Criminal Law define Involuntary Manslaughter?

Under Penal Code 192b, the prosecutor has to prove the following elements to convict you of manslaughter:

  • You committed an act in California that’s not inherently dangerous;
  • The act was done with criminal negligence;
  • The actions caused the death of a person.

These constitute involuntary manslaughter. Let’s analyze each element deeper to see how these elements will be used in the courtroom:

1. Wrongful act

You can’t be charged with involuntary manslaughter if you’re not intentionally committing a wrongful act. The wrongful act can be a/an:

  • Infraction (traffic violation),
  • Misdemeanor (shoplifting a small amount),
  • Felony that’s not inherently dangerous (like a robbery), or
  • A lawful act is done unlawfully.

The act must not be dangerous by its nature. If you committed an unlawful act like a felony that can be harmful, such as arson, then it will not fall under involuntary manslaughter.

2. Criminal Negligence

Involuntary Manslaughter ChargesThe prosecution also has to show that your actions were criminally negligent to convict you of involuntary manslaughter.

Criminal negligence is not just carelessness, indifference, lack of intention. For you to act in a negligent manner:

  • You have to act recklessly in a way that risks death or serious bodily injury;
  • Any reasonable human being can see that knowingly acting that way creates that risk.

If the prosecution cannot show that you acted in a reckless manner that risks harm, then it cannot be involuntary manslaughter.

3. Cause Death

The prosecutors also have to show that any reasonable person can see that your actions caused the loss of human life.

What are the Penalties?

Involuntary manslaughter is punishable as a felony in California. If you’re convicted, you might be facing:

  • Felony (formal) probation ;
  • Two-four years incarceration; and
  • Up to $10 000 in fines.

You might also be sued by the victim’s family, too. If they win their civil lawsuit against you, you’ll be facing very hefty judgments.

If you used a deadly weapon like a firearm and you’re found guilty, then the conviction counts as a strike under the “three strikes law.”

How Can I Defend Myself?

If you’re charged with involuntary manslaughter, a skilled criminal defense attorney can help prove your innocence. Here are some strong defense options that your attorney can use in court.

Self-Defense

If you acted in self-defense or defending others, you cannot be found guilty.

Your attorney has to prove all of the following to show that you acted in self-defense

  • You reasonably believed that there was a danger that you or someone would be killed, suffer great bodily harm, or be robbed, raped, or maimed;
  • You had reason to believe that it was necessary to use deadly force
  • There was reason to believe that deadly force was needed to prevent the danger; and
  • You only used the necessary force.

A skilled lawyer can prove all of the above and prove you innocent of involuntary manslaughter.

Accidental Killing

It’s also possible to show that the death was by accident or unintentional.

For this defense, you’ll need to show that you:

  • Were not acting with criminal negligence at the time of the killing;
  • Had no intent to harm;
  • Was performing a lawful act during the accident.

There is insufficient evidence to convict you

A skilled defense attorney can take an ordinarily open-and-shut case and turn it in your favor. One great way they can do this is by proving that there isn’t enough evidence to prove that you committed any crime.

Your defense lawyer will conduct their investigation. They will examine all evidence, from interviewing witnesses to involving forensics to find out what happened. They can show that there’s not enough proof to warrant a conviction.

You were falsely accused or wrongfully arrested

There could also be other people out to get you and falsely accuse you of involuntary manslaughter. It could be the actual offender who wants to deny blame and pin it on the defendant or someone who wants to cause you harm.

Regardless, an experienced defense attorney understands all the factors at play and can pull up the right tools to defend you from false accusations.

Final Thoughts

Criminal convictions can get you punished with the full force of the law. You’ll be looking at heavy fines and sentencing, not to mention the consequences it carries for life. A skilled defense lawyer can help prevent that and keep your criminal record clean.

If you need a criminal defense lawyer, call us at Law Offices of Marc Grossman!  We have 100 years of combined experience defending different criminal charges such as:

  • Involuntary manslaughter,
  • Reckless Driving
  • Driving under the influence
  • Aggravated Assault
  • Homicide
  • Attempted Murder

Our Upland attorneys know the criminal justice system inside-out. If you feel that the entire system is out to get you, we’ll stand as your legal representation to fight for you.

If you’re facing criminal charges, call our Upland criminal defense lawyers now and get help with your case!

Written by M. Grossman · Categorized: Criminal Defense

May 19 2021

What You Need to Know about California Child Custody

One of the most difficult things about getting divorced is deciding who gets custody of a child. A custody battle takes a toll on both the parents and the children. If divorcing parents can’t agree on the details of custody, then the court gets to decide for them. Child custody is complicated. That’s why you need to know the legalese and basics of child custody so you know what’s going on when you’re in family court.
This article will discuss the basics of California child custody law, including a brief overview of the legalese involved. If you’re facing a divorce or separation, our family law attorneys can help ensure that you win your child custody case! Call our Upland child custody attorneys now!

CA Child Custody Basics

Sole Custody vs Joint Custody

California Child CustodyAs the terms suggest, sole custody means that only one of the parents gets awarded custody. Joint custody means that both parents will share custody. You’ll typically see terms like “custodial parent” and “noncustodial parent” when discussing sole custody.

These apply separately to physical custody and legal custody. For example, parents can share joint legal custody but one parent has sole physical custody. It’s also possible that one parent has sole legal custody but has joint physical custody with the other party.

Both parties are encouraged to share both physical and legal custody. California child custody laws presume that such an arrangement is in the child’s best interests.

Physical Custody

Physical custody is the parent’s right to have the child live with them. If a parent has sole physical custody, then that means the child primarily lives with one parent. When this happens, the court will also decide on visitation rights, which will be explained later on in this article.

Legal Custody

Legal custody refers to the right of a parent to make decisions regarding the child’s education, health, and welfare. If you have legal custody of your kids, you can decide things like:

  • whether a child should receive medical care;
  • whether a child will engage in religious activities; and
  • where a child will go to school

Usually, you’ll have to share legal custody with another parent unless:

  • The court decides that one parent is unfit to decide on these important matters;
  • The parents cannot decide anything together;
  • It would be in the child’s best interest for one party to have sole legal custody;

Child Visitation

If a court decides to award sole physical custody to one parent, they will also include the visitation schedule for the non-custodial parent to spend time with the kid.

A common visitation calendar can include splitting school vacations and holidays or alternating weekends overnight at the non-custodial parent’s place. The visitation schedule also includes the pick-up and drop-off locations for the child. The parents may work on the visitation schedule and have it approved by the court if it’s in the best interest of the child.

Supervised Parenting Time

If the court finds that the non-custodial parent has patterns of abuse, absence, or neglect, then the judge may order supervised parenting time instead of a visitation schedule. When this happens, the court assigns a visitation supervisor.

The supervised parenting time may include restrictions such as parenting time at a court-approved location, instead of the parent’s place.

If the case is extreme, then the court may decide that it’s not in the best interest of the kids to visit the parent at all.

Final Thoughts

Children are precious. We know how important it is for a parent to spend time with their child and make decisions about their future.

If you’re going through a divorce and want to ensure that you get to spend as much time with your child as possible, talk to us. Custody cases are best handled with a lawyer specializing in family law by your side. Our Upland child custody attorneys at the Law Offices of Marc Grossman can give you the best possible chance at winning your child custody case and get custody rights.Call us now to schedule a free consultation!

Written by M. Grossman · Categorized: Family Law

May 12 2021

Why Hire a California Bankruptcy Attorney

COVID-19 has overwhelmed many Americans with financial problems. You’re not alone. If you want to stop foreclosure, repossession, wage garnishment, or creditor harassment from all your debt problems, bankruptcy protection offers one of the best options for debt relief.

While it is possible to file for bankruptcy without a lawyer (known as a pro se filing), you stand a much better chance at a secure financial future with an experienced bankruptcy attorney. In this article, we’ll discuss the downsides of filing bankruptcy without an attorney as well as the advantages of hiring one when you go bankrupt.

Even if you’re just considering bankruptcy, it’s better to consult with an experienced Upland bankruptcy lawyer. They’ll consider your case along with the relevant bankruptcy laws. Call us now for more bankruptcy information!

3 Risks of Pro Se Bankruptcy Filing

More Expensive Bankruptcy Proceedings

California Bankruptcy Attorney A competent bankruptcy lawyer has the knowledge and skill to navigate through the complicated bankruptcy law efficiently and effectively. When you file your petition, you’ll feel like everyone will be against you, because they’re all looking out for their interest. Your creditors will fight tooth and nail to get you to pay and deny your discharge.

A reliable Upland bankruptcy attorney will fight and negotiate on your behalf regardless of which personal bankruptcy you filed for.

Risk of Bankruptcy Fraud

The bankruptcy petition requires you to provide all assets and sources of income to the judge and the bankruptcy trustee. If you miss any of these, the bankruptcy court may perceive you are performing bankruptcy fraud.

The attorney fees are certainly nothing compared to the jail time you’ll face if you’re convicted of fraud.

Mistakes in Filing

There is a certain way to go through the bankruptcy process. If you miss any small detail, the judge can throw out your case and you’ll miss out on the bankruptcy protection. Not to mention, you may not be able to file bankruptcy for some time after that. If there’s any mistake with listing your assets and liabilities, it could affect your discharge and you could lose your property in the process.

An experienced bankruptcy attorney has handled enough bankruptcies that they can do it in their sleep. Be debt-free with the legal help of an attorney!

The Benefits of Hiring a Bankruptcy Lawyer

Someone Else Fills out the Paperwork

As mentioned, you can get a lawyer to fill out all the bankruptcy forms. Aside from an accurate filing, you’ll also avoid the hassle of filling all those forms, listing your asset liabilities, and acquiring all the necessary documents.

Better Odds to Get Approved

All the statistics show that bankruptcy cases with a lawyer involved saw significantly higher success rates than those who filed pro se. An attorney from a reliable bankruptcy law firm will increase your chances to wipe out your debt.

You’ll Have All Your Bankruptcy Options Laid Out

A lawyer will evaluate your case and know the options available to you. Before declaring bankruptcy, it may be better for you to undergo debt consolidation or debt settlement for the repayment of any debt owed.

If the best option is bankruptcy, then the attorney should tell you which type of bankruptcy from the US bankruptcy code is more apt for your case. Whether it’s a Chapter 7 liquidation or a Chapter 13 reorganization payment plan, your attorney will inform you of your eligibility via the means test, and which is much better for your situation.

Deal with Annoying Collectors

When you file for bankruptcy, the court orders an automatic stay. This stops or prevents any collection efforts and collection calls from any entity: collection agencies, individual debt collectors, or other lawyers. This also prevents you from getting sued for your unpaid debt

Eliminate Dischargeable Debt

A bankruptcy discharge eliminates your liability with the debt. In other words, if your debt gets discharged, you don’t need to repay them after bankruptcy.

Of course, not all debts incurred can be discharged. An attorney can look at all your secured debt and unsecured debt you have to determine which bankruptcy chapter can help you discharge them. Whether it’s tax debt, student loan debt, alimony, credit card debt, or medical debt, or whatever types of debt, your attorney should know how to handle these.

Ask your lawyer which of your debt is exempt and nonexempt from discharge.

What are you waiting for? Call us Now!

If you’re struggling with debt, and find it difficult to pay off, call our Upland Bankruptcy Lawyers for assistance! As we keep saying, an experienced attorney is key when you go bankrupt and want to get out of debt.

The bankruptcy attorneys from the Law Offices of Marc Grossman are here to help any debtor with filing for bankruptcy. Whether you’re facing harassing phone calls, home foreclosure, our lawyers will be there to provide their service and give you a fresh start at a financially free life!

Make that first step to rebuilding your financial security and gaining your financial freedom by calling our Upland bankruptcy law office now!

Written by M. Grossman · Categorized: Bankruptcy

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