I Only Attempted A Crime, Can I Still Be Charged In Los Angeles?

Attempting to execute a crime is a felony in Los Angeles, regardless of whether or not you are successful. An attempted crime has its own penalties if you are convicted, which can be as life-changing as if you had been charged with the completed crime. Here’s what you should know about attempted crime laws and how to get legal help after being arrested in Los Angeles.

California’s Attempted Crime Law 

California Penal Code 664 states that “every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.” The penalty assessed is typically one-half the incarceration or fines that would be assessed if the defendant had completed the offense. 

How the State Determines If an Act Qualifies As An Attempted Crime 

To prove that a suspect tried to commit a criminal act, the prosecution must prove that the accused person took a direct step toward completing the offense and meant to do so. A “direct step” entails more than simply putting together the elements of the offense or planning to execute it. It is a gesture toward breaking the law after making arrangements in such a way that demonstrates a clear intention to carry out the illegal act. 

A direct step sets the events in motion and ensures that the act would have been accomplished if the initiative had not been impeded by unforeseen circumstances. If a would-be criminal abandons a plan to break the law before taking a direct step, they are not considered guilty of the attempted crime.

Potential Defenses For Attempted Crime In Los Angeles

Possible defenses for a charge of attempted crime include: 

• The accused did not commit any act that furthered the underlying offense 
• The accused never intended to commit a crime or did not know that the act was criminal in nature 
• The accused abandoned the attempted crime prior to taking what would be considered a direct step 
• The accused is not the person who attempted to commit the crime and another person is responsible, e.g. a case of mistaken identity

Get Help From a Los Angeles Criminal Defense Lawyer Now 

If you were charged with an attempted crime, your future is at stake even if you didn’t complete the offense. Call the Lewin Law Group today at (800) 458-1488 for a consultation. Serving the Los Angeles metropolitan area, including suburbs of Pasadena, Burbank, Santa Monica, Inglewood, and other nearby areas in California.

Attempting to execute a crime is a felony in California, regardless of whether or not you are successful. An attempted crime has its own penalties if you are convicted, which can be as life changing as if you had been charged with the completed crime. Here’s what you should know about attempted crime laws and how to get legal help after being arrested. 

California’s Attempted Crime Law 

California Penal Code 664 states that “every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.” The penalty assessed is typically one-half the incarceration or fines that would be assessed if the defendant had completed the offense. 

How the State Determines If an Act Qualifies As An Attempted Crime 

To prove that a suspect tried to commit a criminal act, the prosecution must prove that the accused person took a direct step toward completing the offense and meant to do so. A “direct step” entails more than simply putting together the elements of the offense or planning to execute it. It is a gesture toward breaking the law after making arrangements in such a way that demonstrates a clear intention to carry out the illegal act. 

A direct step sets the events in motion and ensures that the act would have been accomplished if the initiative had not been impeded by unforeseen circumstances. If a would-be criminal abandons a plan to break the law before taking a direct step, they are not considered guilty of attempted crime.

Potential Defenses For Attempted Crime 

Possible defenses for a charge of attempted crime include: 

• The accused did not commit any act that furthered the underlying offense 
• The accused never intended to commit a crime or did not know that the act was criminal in nature 
• The accused abandoned the attempted crime prior to taking what would be considered a direct step 
• The accused is not the person who attempted to commit the crime and another person is responsible, e.g. a case of mistaken identity

Get Help From a Los Angeles Criminal Defense Lawyer Now 

If you were charged with attempted crime, your future is at stake even if you didn’t complete the offense. Call the Lewin Law Group today at (800) 458-1488 for a consultation. Serving the Los Angeles metropolitan area, including suburbs of Pasadena, Burbank, Santa Monica, Inglewood, and other nearby areas in California.

If someone is innocent of a crime but confesses anyway, this is known as a false confession.  Although confessing guilt for a criminal activity a defendant did not actually engage in seems detrimental to their case, there are a number of reasons why this can occur. 

False confessions are not akin to forced confessions, which law enforcement officers may try to obtain by intimidating or hurting the defendant. Here are the fundamentals of false confessions, as well as what to do if you’re talked into making a confession, and where you can obtain comprehensive legal assistance after being charged with a crime.

Evaluating Confession Types 

The United States criminal code divides false confessions into three separate groups, including compliant, coerced, and voluntary confessions. When the suspect of a criminal offense is led to disbelieve their own recall or memory of what occurred, they start believing they were truly involved and that their memories must be incorrect. This is a coerced confession.

When investigators abuse a subject during an investigation to the point that they admit to the act only to end the aggressive questioning, this is known as a compliant confession. Most voluntary admissions are offered by people who are mentally ill who may not completely grasp their situation and end up inadvertently acknowledging their involvement.

Reasons a Defendant Might Confess to Something They Never Did 

For a variety of reasons, a person could admit to criminal activity they did not engage in. One possibility is that they are seeking to conceal the true culprit of the act. Alternatively, they may feel that if they follow the detectives’ instructions, their sentence might be reduced. People with mental illnesses may make a false confession if they feel it would lead to notoriety.

Get In Touch With a Los Angeles Criminal Defense Attorney Right Away 

Your best criminal defense is to hire an attorney as soon as you learn that you are suspected of a crime, before you are ever questioned by law enforcement officers. This allows your lawyer the opportunity to prevent a coercive interrogation before the police secure a confession. If you’ve already spoken with officers and confessed, your attorney can show evidence that you have a mental condition or that you had motivation to offer a false confession. 

Contact Los Angeles defense lawyer Chad Lewin today for a consultation to discuss your case by calling (800) 458-1488.

What Is An Attempted Crime? 

California statute 664 PC states, “Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts.” 

This means that if you attempt to commit a crime, you can still be charged and penalized under the law, even if you fail to successfully complete the crime. In California, attempted crimes are sentenced to one-half the fines, incarceration, etc., that would be imposed had the defendant completed the offense.  

How Attempted Crimes Are Proven 

Prosecutors must show the following factors to prove a suspect attempted to commit a crime beyond reasonable doubt:

• The suspect took a clear step towards committing a criminal offense, and 
• The suspect fully intended to complete the offense 

 A “direct step” as defined by California law is more than simply obtaining or organizing materials or plans necessary to commit the offense, and even goes beyond preparation or the intention to carry out the criminal act. 

A direct step is an action toward breaking the law after laying groundwork that demonstrates a clear, unmistakable plan to engage in illegal conduct. This step sets the events in motion and ensures that the crime would have been successful if the attempt had not been directly interrupted.

Potential Defenses Against Charges of Attempted Crime 

The would-be offender is considered innocent of the attempted crime if they willingly abandon a plan to break the law prior to taking a direct step. Another potential defense may be that the suspect did not act to further the crime, meaning that no direct step was taken towards a criminal act. Other viable defenses include the defendant did not intend to commit a crime or did not understand that the actions they were engaging in were criminal.

Get Help From a Los Angeles, CA Criminal Defense Lawyer Today 

If you or a loved one were charged with an attempted crime in California, your future, career, and reputation are at stake. Depending on the severity of the crime, you could be on the hook for hundreds or even thousands of dollars in fines and potentially years in jail. 

Contact The Lewin Law Group today to learn more about how to defend yourself against charges of attempted crime by calling (800) 458-1488.

During your arraignment, one of the first stages of the criminal process, you will be asked to enter your plea. At this time, you may think that entering a guilty plea is in your best interests considering your case evidence, criminal history, and other related factors. 

However, many defendants go on to change their mind after entering a guilty plea, especially after the criminal trial moves forward. 

Here’s what you should know about withdrawing your guilty plea, when you can do so, how it may benefit you, and how to get experienced legal assistance after being charged with a crime. 

No matter what offense you’ve been arrested for, you deserve compassionate, zealous legal advocacy throughout every stage of your case. 

Plea Withdrawal: What Is It?  

A plea withdrawal occurs when a defendant requests that the court “take back” their guilty plea, as though they had not pled guilty to the offense they were charged with at all. This is only granted by a judge in some scenarios, such as: 

• The defendant’s attorney submitted the guilty plea without the consent of their client 
• The attorney or another outside party pressured or coerced the defendant to plead guilty 
• New case evidence is found and entered into court 
• The defendant could not be considered of sound mind when they entered their plea either due to intoxication or another reason  

Prior to Being Sentenced  

In cases where you’ve entered a plea but the judge hasn’t accepted it yet, there may still be time to withdraw it. However, be aware that prosecutors can also choose to withdraw any deals they’ve offered at this time. 

After Sentencing Takes Place 

Withdrawing a guilty plea after you are sentenced is significantly more difficult than doing so before sentencing. That said, it’s still doable under certain circumstances, namely one of the above mentioned. If you can clearly illustrate to the judge that you suffered an injustice or were denied a constitutional right that led to your decision to plead guilty, they may allow you to withdraw it after the fact. 

How a Los Angeles Criminal Defense Attorney Can Help You   

At the Lewin Law Group, we take all criminal matters seriously and strive to ensure that each of our clients obtain comprehensive, judgment-free, constitutionally-sound legal advocacy. Learn more about how we can help you navigate the complex Los Angeles criminal system and increase your chances of a favorable final verdict. Call now at (800) 458-1488.

Failure to show up to court for a scheduled appearance after being arrested for a crime is a serious matter that warrants prompt response. Here’s what you should consider and where you can get experienced legal help.

You Didn’t Show Up At Court — Now What?

If you failed to make your court appearance, it’s crucial that you understand what steps you should take immediately as well as what you shouldn’t do: 

Steps to Take Now  

• Act fast. Don’t delay taking steps to rectify your missed court date as soon as you learn of it or are able to; if you do, the consequences may be more severe. 
• Discuss your situation with a lawyer. An attorney can act as a go-between and notify the court of your unique circumstances. 

Steps Not to Take 

• Continuing to miss court appearances. It’s in your best interests to attend every scheduled hearing in the future. 
• Hiding the real reason you missed court. Even if the explanation does not present you in the greatest light, you should be completely honest about why you did not appear at your scheduled court hearing.

Potential Consequences of a Missed Court Date   

You may be subject to the following penalties if you fail to appear at a scheduled court hearing: 

Alterations to Your Bond 

It’s possible that if you miss your court date and the judge believes you did so knowingly and willfully, you may be penalized by having your bond raised or revoked. If your bond is revoked, you will be arrested and jailed until the date of your next hearing because you are considered too much of a flight risk. 

An Arrest Warrant  

When a person fails to appear in court, a bench warrant is normally issued instantaneously. Depending on the charge the person is facing, however, a judge may decide to issue an active warrant instead.

Criminal Charges  

Failure to appear in court is a criminal charge in and of itself that may be levied against you, particularly if again, the judge believes you missed your hearing willfully and not due to circumstances outside your control. Even if you are found not guilty of the initial crimes you were charged with, typically, failure to appear charges still stand and are penalized.

Contact a Los Angeles Criminal Defense Attorney Now 

Your future is on the line if you’ve missed your court date. Get help from experienced Los Angeles criminal defense lawyer Chad Lewin at (800) 458-1488. 

The United States Constitution aims to limit the authority and power law enforcement and government agents have over American citizens while still enabling them to keep the peace. The Fourth Amendment protects every citizen’s right to basic privacy by preventing police from searching a person without probable cause. 

This law has a major influence on how criminal cases turn out and whether or not a defendant is likely to be found guilty. Here’s everything you need to know about illegal search and seizure, as well as where you can seek legal assistance if you’ve been arrested.

Are There Laws Against an Unreasonable Search? 

When the police perform a search without probable cause, this is known as an unjustified or unlawful search and seizure. For example, if someone is  pulled over in a routine traffic stop and law enforcement decides to conduct a search, this is illegal unless the officer saw, smelled, or heard something that indicated a crime may have been committed.  If a warrant cannot be issued, police cannot conduct a legal search without sufficient grounds to do so. 

What Police Need for a Legal Search

Police officers can legally conduct a search and seize evidence if: 

• They have enough probable cause to warrant a search 
• There’s extenuating circumstances or an emergency 
• They were granted a search warrant 
• The suspect gave permission 

Private security companies, retail establishments, and other non-government authorities are not restricted by the same constitutional laws as law enforcement officers when conducting a search. Also, police do not require probable cause or a warrant for evidence that was obtained in a public place or for which they didn’t have to search because the evidence was in the open. 

Were You Charged With a Crime? Get In Touch With a Los Angeles Defense Attorney Now  

It’s important that you don’t hesitate after being arrested for a crime to obtain legal counsel. You have many rights, most or all of which the police don’t necessarily want you to know you have. It benefits them greatly if you aren’t aware of their misconduct or don’t understand that they’ve violated the law. A seasoned California criminal defense attorney can help ensure your rights remain intact throughout the legal process. Contact the Lewin Law Group today for an appointment to discuss your case by calling toll free at (800) 458-1488. We are standing by now to take your call and schedule your consultation.

Many people mistakenly believe if they didn’t actually commit the crime, they can’t be held legally culpable. However, if the police have charged you with aiding or conspiring to commit a crime, proving otherwise may be challenging. You’ll need to have strong evidence that you had no involvement in the offense. Here’s how to seek legal support if you’ve been accused of criminal conspiracy. 

Learn About Criminal Conspiracy Laws in California 

According to California legal statutes, the offender of a crime, or the person who perpetrates it, is referred to as the “principal.” In legal terms, an “accomplice” is anyone who aided the principal in the execution of the criminal act. Many people are unaware that, even though an accomplice or co-conspirator did not technically perform the wrongful act, they may still be as liable as the principal in court, namely if the action resulted in someone being hurt or killed.

Find Out What Evidence the Prosecution Has In Their Favor 

Prosecutors must be able to prove their case beyond a shadow of a doubt to successfully obtain a conviction; this is called the burden of proof. To obtain a conviction, the burden of proof must be met or exceeded. Prosecuting attorneys need to be able to demonstrate: 

• You broke one or more laws aiding or co-conspiring with the principal 
• No cause for a mistaken identity defense exists 
• You had or reasonably should have had knowledge of the illegality of your actions 

You may be able to avoid culpability by showing your own evidence that casts doubt on the evidence the prosecution brings forward against you. For example, if you weren’t with the person who committed the crime and were actually somewhere else, you may be able to prove this. Or, it’s possible that you had no knowledge of the crime being committed or any reason to suspect that a criminal offense was in progress. 

Get Legal Help From a Seasoned Los Angeles Criminal Defense Attorney 

Few things are more frightening than being accused of committing a crime or helping someone else commit a crime. Your future is on the line and if unsuccessful at defending yourself, you could face serious penalties including jail time and hefty fines. 

Knowledgeable Los Angeles criminal defense lawyer Chad Lewin is prepared to aggressively defend your rights under California law and advocate for your best outcome. Call today for your consultation to discuss your next move at (800) 458-1488. 

One of the easiest defenses to use in a criminal case is that of an alibi. An alibi simply means that you have evidence of being in another location or with another person when the alleged crime was said to have occurred. This usually means that it would have been impossible for you to have committed the crime. 

Here are a few examples of effective alibis and what to do to get legal support after being charged with a crime.

Evidence You Could Not Have Been At the Crime Scene 

The most effective forms of alibi are tangible records that prove you were somewhere else, like: 

Paper Receipts 

A paper store receipt or a record of a credit card transaction that has the date and time on it can be a powerful piece of evidence that clears your name, proving that you were somewhere else entirely when the alleged crime was committed.

Surveillance Video 

Video footage is a highly compelling alibi, similar to a paper receipt, that can provide proof you couldn’t possibly have committed the crime because you were caught on camera somewhere else. Talk to the owner or manager of any establishments you were at when the crime in question was allegedly committed and request any surveillance footage they have from that time and date.

Social Media Posts 

You may be able to use your social media posts as an alibi if you posted an Instagram or Snapchat story or “checked in” at a different place other than the crime scene at the same time the crime was supposedly committed. Even if you were alone and there isn’t anyone else who can testify to where you were, your cell phone’s GPS may provide enough evidence. 

Third-Party Witness Testimony  

If someone was with you, however, obtaining their testimony — either written or under oath — can be helpful in your case. Even if it’s not enough to stand against other, more compelling evidence against you, it may be just enough to raise doubt and avoid a guilty verdict. 

Create a Formidable Alibi With the Help of a Los Angeles Criminal Defense Lawyer 

Arguably, a good alibi is one of the most effective ways to create doubt in the prosecution’s case against you or even flat-out prove your innocence. However, you need the help of an experienced attorney to be successful. Contact Los Angeles criminal defense lawyer Chad Lewin for an appointment at (800) 458-1488.

If you were charged with a criminal offense, it’s in your best interest to explore whether or not you may be eligible for an expungement. An expungement allows you to have some or all of the crimes you are accused of to be effectively erased from your record. 

This means it can no longer affect your employment prospects, finances, and other aspects of daily life. Here are several examples of what makes someone eligible for an expungement and how to get strong legal support when you’re up against the seemingly impossible.

A Judge Dismissed the Charges  

Case dismissals can be a favorable outcome for defendants, because it allows them the expungement of their criminal records. However, you should be aware of what type of dismissal you received, since this will influence how easy or difficult it will be to get your records expunged. One type of dismissal — with prejudice — means your case is closed permanently. The other — dismissal without prejudice — means your case can be reopened. The latter records are generally more challenging to seal. 

They Received No Charges from the Court 

Even if you are arrested, you may not actually be charged with any crimes. For example, you may be taken into police custody for a criminal offense but later let go after discovering you were not the person the police were looking for. Many people mistakenly assume this means there will be no record of the arrest, but this isn’t true. You’ll need to file a motion to have them expunged. 

They Appealed and a Higher Court Reversed the Decision of the Lower Court    

If you are convicted of a crime, you may think that expungement is off the table. However, you do have the right to file an appeal, which is a request that a higher court review the actions of the court that tried you to determine whether or not anything was out of line. If the appeals court decides the trial was unfair, compromised, or lacked substantial evidence, they can require the original court to retry you or dismiss your case. Then, you may be eligible to expunge or seal those records. 

Call Today for Zealous Legal Support After Being Criminally Charged    

Don’t delay after a criminal conviction to get legal help filing an appeal and working to clear your record. Contact Los Angeles criminal defense lawyer Chad Lewin for an appointment at (800) 458-1488.