Recent Blog Posts

Murder vs. Manslaughter

David D. Diamond — Mon, 07 May 2012 18:12:00 GMT

Murder vs. Manslaughter

California Penal Code §187 specifically defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. This is similar to voluntary manslaughter as they both involve the intent to kill. However, murder requires malice, which is basically, a willful and wanton disregard for human life. There are occasions when a murder charge can be reduced to manslaughter, particularly by claiming "heat of passion" or "sudden quarrel."

As a comparison, California Penal Code section 192(b) defines involuntary manslaughter. When there is a death and you are accused of killing a person, but without malice, without intent to kill, and without the conscious disregard for human life, it falls into the involuntarily manslaughter classification.

Vehicular manslaughter is similar but applies to situation with a driver. In a driver operates the vehicle in an unlawful manner, with or without gross negligence, during the commission of a lawful act which may produce death, they can be charged with vehicular manslaughter.

Must a Judge Grant Your Expungement Request?

David D. Diamond — Tue, 21 Feb 2012 23:38:00 GMT

Many people ask if a Judge has to grant your petition for an expungement. The answer is not simple. The law says that a Judge "shall" grant your request. Pursuant to People v Johnson (1955), the word "shall" is, in fact, mandatory. However, if you served time in State Prison or your crime in on the exclusion list, i.e. Penal Code section 288, the Judge will deny your request. As such, if you have not been arrested during your probation, not picked up any new cases, and was not violated, the Judge MUST grant your petition request. (Unless your charge was a DUI, sex crime or you did custody time in State Prison). Another interesting case also states that the seriousness of the defendant's offenses are irrelevant to one's right to have the expungement granted upon early discharge from probation. People v Hawley (App 1 Dist 1991) 228 Cal.App.3d 247).

Arson (Crimes Against Property)

Los Angeles Criminal Defense Attorney — Wed, 19 Oct 2011 17:30:00 GMT

Arson: California Penal Code §451

One example of a crime against property is arson. While crimes against property are thought to be less serious that crimes with human victims, arson is taken extremely seriously in California, as the potential for extensive property damage and the risk to human safety is extremely high.

If the arson:

Causes an inhabited property, such as a home, hotel, or business to burn, you can face 3-8 years in prison
Causes great bodily injury to someone, you can face 5-9 years in prison
Is committed on a structure or forest land you can face 2-6 years in prison
Is committed on uninhabited property you will can 16 months-3 years in prison

The Penal Code also provides sentence enhancements that increase the exposure of prison time. Multiple burn victims, multiple structures, or injury to an emergency official can all add an additional 4 years onto the original sentence.

Ref: California Penal Code Section 451

A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. This crime requires that the person accused of arson acted with the specific intent to set the property on fire. Arson can be charged as a felony, and result in state prison.

A reckless action that results in the destruction of property by fire can also be considered arson under Penal Code §452. A "reckless action" does not require intent to destroy a particular structure, forest land, or property. It is an action considered to be so dangerous and so lacking regard for safety that it will be deemed to be criminal in nature if a fire results. This can include ignoring a substantial risk that may result in fire that a reasonable person would not ignore. An example of this may be throwing a burning cigarette into highly flammable dry brush. This would not include genuine accidents, such as forgetting to turn off the stove, or falling asleep with a candle burning.

It is extremely important to contact a criminal defense attorney if you are accused of arson. This is extremely important to protect yourself against exposure to state prison. An experienced attorney will help you prepare your best defense against the charges. David Diamond is a skilled criminaldefense attorney and will fight to have the charge against you dismissed or reduced to a less serious offense.

Medical Marijuana

Los Angeles Criminal Defense Attorney — Tue, 05 Jul 2011 17:57:00 GMT

What is Medical Marijuana?

In California, SB 420 recognizes all patients' rights listed in Proposition 215 and codified in Health and Safety Code section 11362.71. The California laws do not trump Federal Law, where medical marijuana is still illegal. However, in California, if you have either a lawful physician's recommendation or a County issued card, you may possess and use marijuana. There is a voluntary ID program, however, it is not a requirement for full protection as per Health and Safety Code section 1162.71 (f). This program allows for a web-based system enabling law enforcement to verify one's status for lawful possession, growing, transporting and using medical marijuana.

For more information on medical marijuana, visit our website at http://www.losangelesmedicalmarijuanalawyer.com

Theft Crimes

Los Angeles Criminal Defense Attorney — Wed, 25 May 2011 20:36:00 GMT

Many people ask what the difference is between robbery and burglary.
In California, these two charges have some similarities, but not many.

Penal Code section 459 defines burglary. Any individual that enters a home, room, apartment, shop, store, etc with the intent to commit grand or petit larceny OR any felony is committing burglary. What this means is a more simplistic fashion is that if you enter property whether it be a store or residence and you have the intent to commit a crime, it amounts to burglary

Penal Code section 211 defines robbery. This law requires the use of threats, fear or force. It is defined as the taking of property against someone's will, done so by use offorce or fear.

If you have questions about these crimes, contact Los Angeles Criminal Defense attorney, David D. Diamond.

Medical Marijuana

Los Angeles Criminal Defense Attorney — Wed, 25 May 2011 20:28:00 GMT

If you are asserting a medical marijuana defense, you must ensure that the prosecution uses a medical marijuana expert. Most peace officers are NOT trained to recognized medical marijuana use. Pursuant to People v. Chakos (2007) 158 Cal.App.4 ^th 357, there are limitations on testimony from law enforcement if they are not qualified as medical marijuana expert. For example, if you claim that the marijuana seized is for lawful purposes, the officer cannot testify that it is for sales, unless he is trained on medical marijuana as well.

Knowing the Rights of Medical Marijuana Patients

Los Angeles Criminal Defense Attorney — Wed, 11 May 2011 21:59:00 GMT

Diamond & Associates encounters many clients who are surprised when they are arrested for possession of marijuana despite the fact that they are in the possession of a valid medical marijuana recommendation from a doctor.

Unfortunately, the police can still arrest a medical marijuana patient despite the patient having all of the proper documentation. The law of the State of California allows the physician's recommendation to serve as a defense against the crime and unfortunately does not prevent the arrest and the subsequent filing of charges by the District Attorney's Office. An experienced criminal defense attorney may be able to have the charges against you dropped before the filing of a criminal complaint, and should be consulted immediately upon arrest.

The attorneys at Diamond & Associates are extremely experienced in defending medical marijuana patient's rights. If you or someone you know has been arrested for possession for marijuana, call our offices immediately so that we may begin to assist you in having the charges dropped or the case dismissed. For more information, please visit http://www.losangelesmedicalmarijuanalawyer.com Medical Marijuana Website

The Trend of Legal Drugs

Los Angeles Criminal Defense Attorney — Wed, 16 Feb 2011 22:57:00 GMT

Miley Cyrus' recent bong controversy has propelled the legal drug "salvia" into the spotlight. Salvia is a legal, undetectable natural herb that induces psychedelic effects. Another legal synthetic drug is quickly gaining notoriety- - it is called "bath salts," "spice," and "K-2." Through the power of the internet, the popularity of the legal hallucinogenics is spreading rapidly.

Bath salts are a designer drug that has popped up in retail stores around the country . The synthetic drugs are legal - at least in most states. But numerous side effects surrounding the drug, including convulsions, panic attacks, and suicidal thoughts, have prompted the Drug Enforcement Administration to use emergency authority to criminalize the drug. According to radio station KPCC, i n recent months, California emergency rooms have reported nearly half a dozen overdoses of the synthetic drugs. New York Senator Charles Schumer has introduced legislation to outlaw the bath salts nationwide. The Drug Czar of the White House, Gil Kerkikowske has also convened a special meeting to discuss the legality of the drugs.

With the ever changing status of legality for these drugs, it is essential that you know your rights. If you are accused of possessing an illegal substance, Los Angeles based criminal defense attorney David Diamond has the experience and the knowledge to help you fight the charges. For further information, go to Mr. Diamond's website: www.ladefender.com

Tweeting and Posting your Way into Hot Water

Los Angeles Criminal Defense Attorney — Fri, 26 Nov 2010 19:48:00 GMT

The social media networking boom has changed the way law enforcement gathers evidence in a criminal case. In addition to patrolling the neighborhoods and streets, officers today are also patrolling online. People often display information on their profiles that law enforcement may use to assist them in preparing a criminal case.

Recent statistics show that almost 900 police and sheriff's offices around the country have Facebook pages. An estimated 500 law enforcement offices use Twitter. (Source: 14WFIE.com: "Cops using Facebook, other social media to catch crooks", Nov. 26, 2010). This same article details how status updates from Facebook led to the capture of one fugitive when he posted "I'm on da run", and another when he posted that he was living in paradise in Cancun. Law enforcement is able to view all public profiles, and they often create false identities in order to "friend" a suspect on a social media site and gather information.

District Attorneys in Los Angeles have introduced photographs taken from Facebook and Myspace as evidence in support of gang enhancement charges. These photographs often depict the defendant displaying hand signs and wearing gang affiliated colors. Often times the defendant is unaware that his profile and pictures are available for the public to view and download.

Remember, it is best to set all privacy settings to the highest protection, and to never "friend" someone you do not know. If you or someone you know has been charged with a crime, and evidence from social media sites is being used against them, contact the Law Offices of David D. Diamond. Mr. Diamond is fluent in the rules of evidence, and may be able to have the evidence suppressed so that it may not be used against you.

Has your property been subject to forfeiture? We can help.

Los Angeles Criminal Defense Attorney — Mon, 11 Oct 2010 18:29:00 GMT

Forfeiture is a civil action that is intertwined with criminal law. When an arrest for any offense that involves the manufacturing, sale, or possession for sale of illegal drugs, law enforcement officers are given the authority under Health & Safety Code section 11469 to seize certain items from the defendant that they believe are used to facilitate the crime. The rationale behind this law is that the officer should remove everything that is being used in the drug trade.

Vehicles, real property (such as your house), and currency are some of the most common examples of the various items that can be seized subject to forfeiture law. Once property is seized, it is essential that a defendant submit a claim form to challenge the taking. This process can be complicated and must be promptly filed within 30 days to avoid the item becoming the property of the state.

The Law Offices of David D. Diamond have experience in both Administrative forfeitures and Judicial forfeiture actions. David Diamond's experience with Return of Property Motions and forfeiture hearings is a tool that should be utilized if you or someone you know has had their property seized. Do not hesitate to call The Law Offices of David D. Diamond to help you get your property back!

How and Why the Innocent Confess to Crimes They Did Not Commit

Los Angeles Criminal Defense Attorney — Tue, 14 Sep 2010 21:06:00 GMT

The New York Times published a compelling article by John Schwartz on September 13, 2010 that focused on the puzzling behavior of innocent people confessing to crimes they did not commit. This disturbing phenomenon occurs more often than one might think, and is the direct result of overzealous and grueling interrogation.

Professor Brandon L. Garrett of the University of Virginia School of Law said that some kinds of people are simply "pressed beyond their endurance by persistent interrogators". These types of influential people include the mentally ill, mentally impaired, the young, and those simply ignorant of their constitutional rights. Custodial interrogations can last for extreme amounts of time, and if a lawyer is not requested by a suspect, one does not have to be provided.

Often, the police are so focused on their hunch that the suspect they have in custody is guilty that they use all their powers of persuasion to extract the most damning evidence of all-- the confession. Research has shown that even where DNA evidence proves a suspect innocent, juries will still convict if the suspect has confessed to the crime.

Of the 40 false confessions listed in the New York Times article, all of them occurred without an attorney present. If you or anyone you know is suspected of a crime, or has been asked by law enforcement to give a statement, it is in your best interest to hire an attorney such as Los Angeles Criminal Defense Attorney David Diamond to protect your rights.

Los Angeles Launches Interlock Device Test Program for DUI Offenders

Los Angeles Criminal Defense Attorney — Thu, 01 Jul 2010 22:56:00 GMT

California is beginning a pilot program in July of 2010 that will require drivers with Driving Under the Influence convictions (DUI) to use new interlock devices. This program will apply even to first time DUI offenses.

Los Angeles County will be one of the first in the state to begin implementing the interlock device program. The device will be programmed into the dashboard and features a tube that will disable the car from starting if it detects alcohol on the breath of the driver. The cost of the installation and use of the interlock device is the responsibility of the defendant and will be court ordered.

This law is the most recent enactment in the nationwide push to have harsher penalties for drinking and driving. It is sound advice to hire a criminal defense attorney to help you avoid a conviction and subsequent subjection to harsh penalties such as the interlock device.

If you or someone you know has been arrested for driving under the influence, contact Los Angeles Criminal Defense Attorney David Diamond to assist you in the case.

Extradition

Los Angeles Criminal Defense Attorney — Mon, 28 Jun 2010 19:05:00 GMT

A story that has captured lot of attention recently is the murder of the wife of ex-Survivor producer Bruce Beresford-Redman. The body of Monica Beresford-Redman was found at an exclusive Mexican resort in Cancun where she had been vacationing with her husband and children.

Bruce Beresford-Redman returned to Los Angeles while Mexican officials investigated the murder of his wife. He was charged with her murder on May 31, 2010, and an arrest warrant was immediately issued. Prosecutors in Mexico said they would initiate extradition proceedings to bring Bruce Beresford-Redman back to Mexico.

Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. This authority is usually given by signed treaties between the two governing bodies. Extradition requests from foreign governments are received by the U.S. State Department.One such a request is received, opens formal extradition proceedings.

Bruce Beresford-Redman's criminal defense attorney has recently said that he will turn himself over to United States Federal Authorities. Bruce Beresford-Redman has maintained his innocence throughout the ordeal and encourages Mexican authorities to continue investigating in the hopes of finding other suspects.

If you are anyone you know has been charged with a crime in another state or a foreign nation and faces extradition, please contact Los Angeles Criminal Defense Attorney David D. Diamond.

The Right to Remain Silent--Speak up!

Los Angeles Criminal Defense Attorney — Fri, 04 Jun 2010 06:10:00 GMT

The United States Supreme Court ruled this week that in order to invoke the "right to remain silent", a person subject to police interrogation must speak up. Because the defendant in

Berghuis v. Thompkins did not verbally communicate to officers that he wanted to invoke his right, he was subjected to a three hour long interrogation that resulted in a confession. Mr. Thompkins also did not invoke his right to a criminal defense attorney.

The reliability of confessions produced from these situations is troubling. Unsophisticated, unaware, and poorly educated citizens may not understand the need to invoke their 5th Amendment right in order to stop police questioning. This is a troubling new development in the area of criminal defense.

Justice Sonia Sotomayor called the court's ruling a "major retreat" from protections against self-incrimination guaranteed by the original Miranda ruling. "Criminal suspects must now unambiguously invoke their right to remain silent -- which counterintuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."

If you or anyone you know has been the subject of a criminal investigation, please call the Law Offices of David Diamond for sound legal advice about protecting your constitutional rights. www.LADefender.com

Welcome to our Los Angeles Criminal Defense Blog

Los Angeles Criminal Defense Attorney — Tue, 18 May 2010 21:29:00 GMT

We are pleased to announce the launch of our Los Angeles Criminal Defense Blog.