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THE COMPLETE GUIDE TO OBTAINING A CERTIFICATE OF A Certificate of Rehabilitation is a document issued by the court under Penal Code Sections 4852.01-4852.21 that attests to your rehabilitation since your conviction of a felony for which you served state prison time or for a particular sex misdemeanor. HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKES According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 5 REASONS A PROSECUTOR MIGHT DROP CHARGES IN A DOMESTIC A prosecutor might feel that the element of “willfulness” is missing. What Is Willfulness? Willfulness is “simply a purpose or willingness to commit the act there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.” 2. For instance, if you accidentally touched someone or knocked LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
LOS ANGELES CRIMINAL DEFENSE ATTORNEY The Aizman Law firm is dedicated to providing the highest levels of legal representation in any courtroom in California. We offer experienced, compassionate, and dedicated representation in all courts including Van Nuys, Los Angeles Airport Courthouse, Burbank Courthouse, Metropolitan Courthouse, CCB, San Fernando & many others.. Our founding criminal defense attorney Diana Aizman was a former LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial A COMPLETE GUIDE TO THE LAWYER CODE OF ETHICS A Complete Guide to the Lawyer Code of Ethics. Diana Aizman, Esq. May 14, 2014. August 26, 2018. in Resources. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legalinsight on
THE COMPLETE GUIDE TO OBTAINING A CERTIFICATE OF A Certificate of Rehabilitation is a document issued by the court under Penal Code Sections 4852.01-4852.21 that attests to your rehabilitation since your conviction of a felony for which you served state prison time or for a particular sex misdemeanor. HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKES According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 5 REASONS A PROSECUTOR MIGHT DROP CHARGES IN A DOMESTIC A prosecutor might feel that the element of “willfulness” is missing. What Is Willfulness? Willfulness is “simply a purpose or willingness to commit the act there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.” 2. For instance, if you accidentally touched someone or knocked LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
THE COMPLETE GUIDE TO OBTAINING A CERTIFICATE OF A Certificate of Rehabilitation is a document issued by the court under Penal Code Sections 4852.01-4852.21 that attests to your rehabilitation since your conviction of a felony for which you served state prison time or for a particular sex misdemeanor. HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The HOW TO TERMINATE PROBATION EARLY IN CALIFORNIA (STEP-BY In the motion for early termination, your attorney will include the reasons why early termination should be granted. The court will want to be assured that you have not re-offended, or. Have a pending criminal matter and have completed all conditions of your probation. Successful completion of any court-ordered programs such as alcohol ordrug
WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. THE COMPLETE GUIDE TO GETTING YOUR BENCH WARRANT CLEARED The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.. Other FTA examples are: defendants who fail to appear in court to show proof of completion of 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 3 ELEMENTS OF THE "ACCIDENT" LEGAL DEFENSE 3 Elements Of The “Accident” Legal Defense. In some cases, an accident can excuse your conduct if someone was injured or killed as a result. You would have to show: You lacked the intent to harm another person. Your actions were not “culpable” negligence 1. You were acting lawfully at the time. Many accidents are the result ofnegligent
11 THINGS YOU SHOULD KNOW ABOUT ASSAULT WITH A FIREARM To be convicted under Penal Code 245 (a) (2), the prosecution must prove beyond a reasonable doubt each of the following elements: You acted with a firearm 1 in such a manner and by its nature would directly and reasonably result in the application of force upon another person. Your act was intentional. When you acted, you did sowith the
MISTAKE OF FACT AS A DEFENSE TO CRIMINAL CHARGES Mistake of fact is often raised in rape cases where one party claims that the other gave consent. In California, this is referred to as a Mayberry Defense 2.Again, to avail yourself of this defense, you would have had to possess a bona fide and reasonable belief that the other party voluntarily consented to sexual relations with you. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial 11 THINGS YOU SHOULD KNOW ABOUT ASSAULT WITH A FIREARM To be convicted under Penal Code 245 (a) (2), the prosecution must prove beyond a reasonable doubt each of the following elements: You acted with a firearm 1 in such a manner and by its nature would directly and reasonably result in the application of force upon another person. Your act was intentional. When you acted, you did sowith the
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
THE COMPLETE GUIDE TO GETTING YOUR BENCH WARRANT CLEARED The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.. Other FTA examples are: defendants who fail to appear in court to show proof of completion of 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 3 ELEMENTS OF THE "ACCIDENT" LEGAL DEFENSE 3 Elements Of The “Accident” Legal Defense. In some cases, an accident can excuse your conduct if someone was injured or killed as a result. You would have to show: You lacked the intent to harm another person. Your actions were not “culpable” negligence 1. You were acting lawfully at the time. Many accidents are the result ofnegligent
A COMPLETE GUIDE TO THE LAWYER CODE OF ETHICS A Complete Guide to the Lawyer Code of Ethics. Diana Aizman, Esq. May 14, 2014. August 26, 2018. in Resources. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legalinsight on
4 QUALITIES TO LOOK FOR WHEN HIRING A CRIMINAL DEFENSE A number of attorneys practice different areas of the law. It is not unusual for a firm to have lawyers who practice in such areas as personal injury, family law, criminal defense, and employment law while doing the occasional probate case. While many are quite competent for small matters, having an attorney who specializes in one area of the law is always preferable to a general practitioner. 3 WAYS YOU CAN BE CHARGED FOR DISTURBING THE PEACE IN CA There are three (3) situations that you can be charged and convicted under PC 415 for disturbing the peace: Fighting or challenging a person to a fight while in a public place 1. Willfully and maliciously 2 disturbing another person by loud and unreasonable noise 3 (music or shouting). Uttering offensive words in a public place that are likely HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder,rape,
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial 11 THINGS YOU SHOULD KNOW ABOUT ASSAULT WITH A FIREARM To be convicted under Penal Code 245 (a) (2), the prosecution must prove beyond a reasonable doubt each of the following elements: You acted with a firearm 1 in such a manner and by its nature would directly and reasonably result in the application of force upon another person. Your act was intentional. When you acted, you did sowith the
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
THE COMPLETE GUIDE TO GETTING YOUR BENCH WARRANT CLEARED The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.. Other FTA examples are: defendants who fail to appear in court to show proof of completion of 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 3 ELEMENTS OF THE "ACCIDENT" LEGAL DEFENSE 3 Elements Of The “Accident” Legal Defense. In some cases, an accident can excuse your conduct if someone was injured or killed as a result. You would have to show: You lacked the intent to harm another person. Your actions were not “culpable” negligence 1. You were acting lawfully at the time. Many accidents are the result ofnegligent
A COMPLETE GUIDE TO THE LAWYER CODE OF ETHICS A Complete Guide to the Lawyer Code of Ethics. Diana Aizman, Esq. May 14, 2014. August 26, 2018. in Resources. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legalinsight on
4 QUALITIES TO LOOK FOR WHEN HIRING A CRIMINAL DEFENSE A number of attorneys practice different areas of the law. It is not unusual for a firm to have lawyers who practice in such areas as personal injury, family law, criminal defense, and employment law while doing the occasional probate case. While many are quite competent for small matters, having an attorney who specializes in one area of the law is always preferable to a general practitioner. 3 WAYS YOU CAN BE CHARGED FOR DISTURBING THE PEACE IN CA There are three (3) situations that you can be charged and convicted under PC 415 for disturbing the peace: Fighting or challenging a person to a fight while in a public place 1. Willfully and maliciously 2 disturbing another person by loud and unreasonable noise 3 (music or shouting). Uttering offensive words in a public place that are likely HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder,rape,
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial HOW TO GET A MILITARY DIVERSION FOR CALIFORNIA VETERANS To be eligible to receive a military diversion, you must meet certain requirements: Be on active military service. Be a veteran of any of the military branches. Received an honorable discharge or other-than-honorable discharge (not a dishonorable discharge) The WHAT HAPPENS WHEN YOU LIE ABOUT YOUR IDENTITY TO POLICE? What Are The Penalties for Violating Penal Code 148.9. This offense is a misdemeanor and in some instances, the judge may grant several months of probation to reduce jail time or just grant probation with no jail time at all. Penalty. Misdemeanor. Fine. Up to $1,000 + Penalty Assessments. NOT GUILTY: FAMOUS SUCCESSFUL DEFENSE CASES When a person goes to trial for a crime, he or she is represented by a criminal defense attorney.It is the defense attorney’s job to speak for the defendant and to cast doubt on the prosecution’s case. Because a person is considered innocent until proven guilty, the defense attorney does not carry the burden of proving that his or her client is innocent, although they may present witnesses HOW ROMERO MOTIONS ARE USED TO REMOVE STRIKESABRAN ROMERO HEARINGCALIFORNIA ROMERO MOTION According to the court in People v.Romero, a judge may remove a strike or both strikes from being used in a defendant’s sentence if circumstances warrant it and it is in the “furtherance of justice.”The trial court in the Romero case cited Penal Code 1385 that allows a judge to dismiss actions in the interests of justice so long as the dismissal is not an abuse of discretion 1. THE PLEA BARGAIN PROCESS BETWEEN PROSECUTION AND DEFENSE The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre. BLUE VOICES ON BLACK LIVES MATTER Blue Voices on Black Lives Matter. In 2012, a 17-year-old unarmed black boy named Trayvon Martin was shot and killed in Florida by a neighborhood watch volunteer named George Zimmerman. Nearly a year and a half later, Zimmerman was found not guilty of second-degree murder and acquitted of manslaughter by a six-person jury (of which fivemembers
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes. This law is alsoretroactive, so it
LESSONS LEARNED FROM EVIDENCE GATHERING MISTAKES IN Lessons Learned from Evidence Gathering Mistakes in Simpson Case. Twenty years ago, the O.J. Simpson murder trial shed a glaring light upon the flawed forensic and evidence gathering work of the Los Angeles Police Department. The highly publicized trial offered the world of law enforcement a textbook example of what not to do whileprocessing
LEGAL MOTIONS USED IN CRIMINAL CASES Legal Motions Used In Criminal Cases. Motion To Suppress Evidence – Learn about this important motion which can prevent evidence gained unconstitutionally from being allowed to be presented in court. Pitchess Motion – Understand how this motion for information on a law enforcement officers personel file is used. Serna (Speedy Trial 11 THINGS YOU SHOULD KNOW ABOUT ASSAULT WITH A FIREARM To be convicted under Penal Code 245 (a) (2), the prosecution must prove beyond a reasonable doubt each of the following elements: You acted with a firearm 1 in such a manner and by its nature would directly and reasonably result in the application of force upon another person. Your act was intentional. When you acted, you did sowith the
9 THINGS YOU NEED TO KNOW ABOUT MEDI-CAL FRAUD Fraud in obtaining medical benefits under Medi-Cal, a state run program for certain categories of mostly low income individuals 1, is prosecuted under a number of California statutes. The offense combines welfare and healthcare fraud.Below our California Medi-Cal fraud defense attorneys examine California’s laws 2 . (1-9) Click Below toScroll Down
THE COMPLETE GUIDE TO GETTING YOUR BENCH WARRANT CLEARED The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it.. Other FTA examples are: defendants who fail to appear in court to show proof of completion of 7 THINGS YOU MUST KNOW ABOUT INDECENT EXPOSURE UNDER PC 314 California Penal Code Section 314: California’s Penal Code Section 314: Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose 3 ELEMENTS OF THE "ACCIDENT" LEGAL DEFENSE 3 Elements Of The “Accident” Legal Defense. In some cases, an accident can excuse your conduct if someone was injured or killed as a result. You would have to show: You lacked the intent to harm another person. Your actions were not “culpable” negligence 1. You were acting lawfully at the time. Many accidents are the result ofnegligent
A COMPLETE GUIDE TO THE LAWYER CODE OF ETHICS A Complete Guide to the Lawyer Code of Ethics. Diana Aizman, Esq. May 14, 2014. August 26, 2018. in Resources. Ms. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles. She regularly appears on CNN, Fox News, HLN & CBS News to provide legalinsight on
4 QUALITIES TO LOOK FOR WHEN HIRING A CRIMINAL DEFENSE A number of attorneys practice different areas of the law. It is not unusual for a firm to have lawyers who practice in such areas as personal injury, family law, criminal defense, and employment law while doing the occasional probate case. While many are quite competent for small matters, having an attorney who specializes in one area of the law is always preferable to a general practitioner. 3 WAYS YOU CAN BE CHARGED FOR DISTURBING THE PEACE IN CA There are three (3) situations that you can be charged and convicted under PC 415 for disturbing the peace: Fighting or challenging a person to a fight while in a public place 1. Willfully and maliciously 2 disturbing another person by loud and unreasonable noise 3 (music or shouting). Uttering offensive words in a public place that are likely HOW PROP 47 CHANGED SENTENCING + (A LIST OF ELIGIBLE CRIMES) Proposition 47 was passed into law, with the November 4, 2014 California election. It requires that defendants are sentenced to misdemeanors, instead of felonies, for “non-serious, nonviolent crimes,” unless the defendant has prior convictions for murder,rape,
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Diana Aizman discusses tragic killing of Harambe at Cincinati Zoo LOS ANGELES CRIMINAL DEFENSE ATTORNEYS _REPRESENTING CLIENTS IN ALL CALIFORNIA COURTROOMS_ The Aizman Law firm is dedicated to providing the highest levels of legal representation in any courtroom in California. Our founding attorney Diana Aizman was a former prosecutor for the City of Los Angeles with over 10,000 cases of combined experience as a prosecutor and criminal defense attorney. A 90% success rate in trial and sought after nationally for legal commentary on CNN, Fox News, NBC & VICE. Additionally, as a DUI attorney, Mrs. Aizman has lectured on the law as it pertains to driving under the influence cases. Our firm’s success comes from putting our client’s interests first, and zealously advocating on their behalf.WHY CHOOSE US
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happy with the legal service I received from Diana. I was very distraught with the situation I was in and Diana was able to help me out every step of the way. She stood behind me, had my best interest at hand, professional, personable, and kept me up to date through the entire process. Diana, Thank You, Thank You, Thank You… Dave K. – Burbank, CA“Very happy”
One of the best Lawyers you can get. Affordable and very reliable. Very happy with my results I wish I would of gotten her sooner. Alex V. – Los Angeles, CA “Seamless and pleasant process” Aizman Law Firm deserves ten stars. The absolute BEST – BESTTTT. They know exactly what they’re doing and are knowledgable about the ins-and-outs of every detail. SO professional, SO quick, SO helpful. I’d like to thank OLGA who helped me through the entire process. She is an angel *heart*. She answered every single one of my questions patiently and quickly – I’d e-mail her throughout the day and she’d get back to me within five minutes every time. Amazing. Olga I freaking love you. You made me feel SO comfortable and at ease at a time of stress. And you were always so nice and caring, never made me feel like I wasn’t worth your time. Ms Aizman, you have a wonderful office and staff and do great work. Thank you thank you THANK you so much for everything! I haven’t had a need for much legal advise in my lifetime, but I think their rates are reasonable. Can’t place a price on putting your mind at ease and experiencing a seamless and pleasant process. Eva R. – Los Angeles, CA “Charges dropped”While
visiting Los Angeles my son was involved in a fight outside of a bar where 3 men violently attacked him, trained in mixed martial arts my son was able to defend himself and got arrested. Unfair as it was, the police charged everyone involved so we needed a criminal attorney who knew the system and which Diane came highly recommended. She met with us and our son to explain what the prosecutor was trying to pin on him. She was very knowledgeable on how the judge would look at this and went right to work on getting witnesses who would testify in our son’s behalf. Court day was very never racking since they wanted to give him a light sentence of jail time, this was an outrage. When he was called our hearts sank, I’m sure his did as well. Diana sprung into action and like any good criminal attorney she was able to get everything dropped against our son. She was able to prove he was just defending himself. We are very pleased with her and recommend her to any onein Los Angeles.
Jeanette L. – Punta Gorda, FL “Very professional” I called for a quick consultation and they were very professional, prompt and very informative. They helped me with my questions thoroughly and they were very direct with their answers. There was no pressure, and they had no monetary incentive to really help me but they did so any way. It was a a very short consultation because I didn’t have a pending case or anything I just had some general questions but overall it was a good and positive experience. I cant comment directly on the service but from the brief interaction they seemed really knowledgeabe and trustworthy. I would definitely recommend. Ellie S. – Los Angeles, CARead more reviews
PROFESSIONAL AFFILIATIONS INDUSTRY RECOGNITION AWARDED SUPERLAWYERS RISING STAR FROM 2014-2017 Founding Attorney Diana Aizman has been selected by SuperLawyers as a rising star from 2014-2018.
SUPER LAWYERS is a rating service of outstanding LAWYERS from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peerevaluations.
NATION’S TOP 1%
Los Angeles criminal defense attorney Diana Aizman was selected to join the national association of distinguished counsel in 2016. Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. AWARDED TOP ATTORNEY Diana Aizman was named as a “Top Attorney” in the field of
criminal law by Pasadena Magazine for the year 2014 & 2015. Pasadena Magazine reached out to thousands of lawyers from all over the Los Angeles and Pasadena area to vote for the “most esteemed and highly regarded attorneys” in their chosen fields and Mrs. Aizman was selected for her exceptional skills. TRUSTED ADVISOR & WOMEN MAKING A DIFFERENCE Criminal defense lawyer Diana Aizman was nominated by the San Fernando Valley Business Journal in two categories as both a trusted advisor and a women making a difference. The awards are for honoring the outstanding achievements of businesses and by women who make adifference.
PROUD MEMBERS CALIFORNIA DUI LAWYERS ASSOCIATION CDLA recognizes that DUI cases in California require special expertise, resources and specialized knowledge in both the science and law behind DUI enforcement. Membership in CDLA is one important indicator that validates an attorney’s claim that he or she is focused on DUI defense. PROUD MEMBER NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS The National Association of Criminal Defense Lawyers (NACDL) is committed to preserving fairness within America’s criminal justice system by protecting the rights of Americans and promoting due process around the world. The NACDL is a professional organization andadvocacy group
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