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Category: Domestic Violence

Arrested For Domestic Violence? Now What?

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One of the most common calls that I get as a criminal defense lawyer in Los Angeles is, “I was arrested for domestic violence, now what do I do?”  This is a great question and the full answer is usually surprising to most people.

After someone gets arrested for domestic violence, there is usually an 8-day criminal protective order that is immediate issued so that the person arrested may not contact, be within 100 yards of, harass or annoy the victim in the case.  If the suspect posts bail and is given a future court date, this can be anywhere from 3 to 8 weeks from the day they bail out.  Thus, if the temporary criminal protective order expires, they are free to cohabitate or have contact with the victim.

The tricky part of these cases is once the court proceedings start.  For felonies in California, with certain limited exceptions, the defendant needs to be present at court for all court appearances.  In misdemeanors, with certain exceptions, a privately-retained criminal defense lawyer can appear on the client’s behalf without them having to be present.  In both cases, in any case involving “violence”, of which domestic violence is apart of, the defendant needs to be present on the first day of court to received service of the new criminal protective order against them.

Yes, you heard correctly.  A new protective order.  As was explained above, this order (typically) prevents the defendant from being within 100 yards of the victim, the location where the incident happened and prevents them from calling, texting, emailing or otherwise making contact with the victim.  This order lasts for the duration of the case, which can mean up to several months.  So, keep in mind that there might be the case where, if you are charge with domestic violence, you may need to find alternative living situations, not be in contact with your spouse or significant other and have other limitations with regards to daily life activities.  A violation of this order can lead to a new, separate, criminal charge against you.

A victim may choose to show up to court in an attempt to ask the judge to allow a “peaceful contact” order and not a full stay-away.  This would allow the defendant and the victim to live together and have contact, but would prohibit any non-peaceful contact by the defendant.  Keep in mind that this is really up to the judge, so if it is early on in the case or the violence in the case was significant, a judge may decide not to allow peaceful contact even if the victim shows up in court and says that they would like the order changed.

Now, once all of the “preliminary” matters are dealt with, comes the litigation of the actual case.  Domestic violence can be charged a number of different ways in California.  First off, it can be a felony or a misdemeanor, depending on the facts of the case, injuries, defendant’s prior record.  Secondly, there are several different Penal Code sections that deal with an incident among those in a domestic relationship.  Corporal injury to a spouse or cohabitant, domestic battery, child abuse, child neglect, elder abuse and criminal threats are all examples of “domestic abuse” related charges.

Oftentimes these cases come down to a “your words against theirs”, or a “he said, she said” type case.  Thus, what the victim says on a 911 call and what they might have said to responding officers or a detective at the police station is highly relevant in determining how to handle a domestic abuse case.  In many instances, depending on the types of statements made by the victim and to whom, if they victim does not show up to court, the prosecution may not be able to use those statements at trial.

It is important to “plan early” for domestic violence cases.  Maybe even more so than with other criminal charges.  It is important to be aware of the protective order that will be issued and make arrangements for that.  It is important to note that you will never be able to own a firearm if you are convicted of domestic violence.  It is also important to note that in nearly all instances of a conviction of a domestic violence charge, the defendant will have to complete a 52-week Los Angeles County approved domestic violence class, among other terms and conditions of probation.  It is also important to note that a conviction for certain domestic violence charges can have a devastating impact on someone’s immigration circumstances.

This is why contacting Los Angeles criminal defense lawyer Ross Erlich as early as possible can help for you to plan how to fight the charges.  A Los Angeles domestic violence lawyer will know what steps that can be taken prior to the arraignment might make a significant impact in the outcome of your case.

If you, or someone you know, has been arrested for domestic violence or domestic battery in Los Angeles, Ventura, San Bernardino or Orange counties, contact Los Angeles criminal defense lawyer Ross Erlich today for a free case consultation at 323-222-4529.

 

Mental Health In County Jails And California’s Mental Health Diversion Program

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One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

Former NFL Star Arrested For Domestic Violence

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Former USC and NFL star Keyshawn Johnson was arrested on Monday morning and booked on misdemeanor domestic battery charges.  Johnson is currently known for his role as an NFL analyst on ESPN and currently lives in the west San Fernando Valley area.

It was reported that there was a fight between Johnson and his ex-girlfriend which, allegedly, got physical, and caused some kind of cut or other injury to her hand.  There were other reports that the argument was over marriage and that Johnson, allegedly, broke or was in the process of trying to throw her cell phone.

Johnson was booked and released on $20,000 bail and will be making his court appearance in the Van Nuys Superior Courtsometime in the coming month or so.

If you have been involved in a domestic dispute or have been arrested for domestic violence or domestic battery in Los Angeles, there are some important things for you to consider before you go to court.  The prosecutor’s office in Los Angeles, be it the City Attorney or District Attorney, typically have a special unit that handles all “special victims crimes,” which usually include domestic violence.  These prosecutors usually proceed with the case even if the victim wants to recant or “drop the charges.”  Therefore, it is important to know how to handle these specially assigned cases the right way to avoid having a violent crime conviction on your record.  There are also several different penal code sections dealing with incidents surrounding a domestic dispute.

In Los Angeles, misdemeanor domestic violence or domestic battery convictions usually involve either 30 days of county jail, 30 days of Cal Trans work, 3 years of informal probation, a 52-week domestic violence class, victim restitution, fines and fees to the court, possible criminal protective order and the possibility of losing the right to own a firearm.  In addition, a domestic violence or domestic battery conviction is a “violent crime” that may make it difficult to keep or find employment.

There may also be immigration issues arising from a conviction for domestic violence or domestic battery in Los Angeles.  Most of these domestic violence crimes are classified as crimes of “moral turpitude” and will give rise to deportation proceedings if you are convicted of these charges in court.

All this being said, there are a number of other possible ways to resolve your case that might include a dismissal of the charges, a reduction in the charges, and/or getting the prosecutor to strike some of the other obligations and penalties typically associated with a domestic violence conviction.  There is the possibility of resolving the case through a civil compromise or through some kind of diversion.  All this will typically depend on the facts of your case, the extent or lack of injuries, prior criminal history and the victim.

If you have been arrested or charged with domestic violence or domestic battery in Los Angeles, East Los Angeles, Airport Court, Pasadena Court or Burbank Court, contact attorney Ross Erlich today for a free case consultation

LAPD Officer Injured, Suspect Dead After Domestic Violence Calls Goes Bad

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A domestic violence suspect who wounded an LAPD officer after barricading himself inside a Hollywood Hills home has died.  The man had locked himself inside of a home shortly after he fired a gun at LAPD officers responding to a domestic violence call.

If you have been arrested for, or charged with, domestic violence or domestic battery, it is important to contact an aggressive defense attorney early on in the case.  The consequences of the arrest begin immediately when a temporary criminal protective order is issued preventing the suspect from being in contact with the victim, at least until the first court date.

There are a few ways you can be charged for an altercation involving your spouse or domestic partner.  You may be charged with inflicting a corporal injury to a spouse or cohabitant (can be charged without any visible injury), domestic battery (usually requires some visible injury), or even simply making criminal threats.  If there are children present, there is the possibility of having an additional charge of child endangerment.  Furthermore, in California, prosecutors may file a domestic violence case as either a felony or a misdemeanor.  This is known as a “wobbler” and the prosecutor’s decision typically involves looking at severity of injuries, nature of conduct and other factors.

A conviction under these domestic violence-related charges may include jail time, Caltrans or community service work, a mandated 52-week domestic violence program, anger management, fines and fees to the court and a period of either formal or informal probation.  It is crucial that you contact attorney Ross Erlich to fight to reduce or eliminate some or all of these penalties and avoid having a violent crime on your record.

One important thing to remember is that innocent people get wrongfully arrested.  An accuser may be making a false allegation due to jealousy or anger or may even have been the initial aggressor in the incident.  Numerous cases involve an aggressive victim who attacks the accused and the accused is simply acting in self-defense to prevent any injury or damage to their property.

If you or someone you know has been charged with inflicting a corporal injury to a spouse or cohabitant, domestic battery, domestic violence or child endangerment, contact attorney Ross Erlich today for a free consultation.  Ross Erlich handles domestic violence cases occurring in Los Angeles, North Hollywood, Beverly Hills, Hollywood, Culver City, Pasadena, Burbank, Santa Monica, and all over Southern California.