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Bench Warrants

There are many reasons why a judge might issue a bench warrant, but there is one main reason: the court wants the defendant to come to court.  Most of the time, a bench warrant is requested when a person fails to appear in court for their appointed court date.

Another common cause for a bench warrant being issued is an alleged probation violation, such as: failure to pay a fine, failure to complete work program/ community service or being terminated from a court issued treatment program.

Whatever the reason, having a bench warrant issued for you means you can be arrested by law enforcement at any time until the bench warrant is recalled. For example, if you are pulled over for a minor traffic incident the police may arrest any person with an outstanding bench warrant; this could include any passengers in your car with warrants.

To recall a bench warrant, so you are no longer subject to being arrested, you must appear in court.

For some misdemeanor bench warrants an attorney can appear on your behalf and have the warrant recalled without your presence in court. However, that all depends on the opinion and viewpoint of the judge assigned to your case. Some judges may require you to appear in person so that they may see “the whites of your eyes” before recalling the bench warrant for your arrest.

Unlike misdemeanor cases, felony bench warrants always require personal appearance by the defendant as a matter of court policy and given the severity of the allegations or charges.

If you have a bench warrant for your arrest it is important to know your rights and all possible defenses available in your particular situation. . Do not hesitate. Protect your rights and contact The Law Offices of Bryan R. Kazarian at www.KazarianatLaw.com for a free consultation immediately.

"Drunk in Public" - CPC 647(f)

Despite what it may seem, it is not a crime to have a few beers and to happen to be in a public place. In order to be in violation of California Penal Code 647(f) a person must be under the influence of alcohol, drugs, or both in a "public place" and EITHER:

(1) Be unable to exercise care for their own safety or the safety of others, OR

(2) Interfere with, obstruct, or prevent others from using streets, sidewalks or other public ways.

The courts have given a general definition in defining a "public place" as any place that is accessible by the general public where they are free to come and go as they wish, such as a sidewalk or in a parked car on a street. Other public places include streets and sidewalks, public businesses, restaurants, parks, hotels, and any area outside a home where a stranger is free to walk.

The charge of CPC 647(f) is a misdemeanor in California and carries with it a punishment of up to six (6) months in jail and/ or a base fine of up to $1,000. This type of charge, depending on your record and the location of the charge, may be eligible for Diversion, or Deferred Entry of Judgment. As such, hiring a capable Defense Attorney can potentially prevent you from having a conviction on your record.

Depending on the individual facts of your case, you may have a valid defense to the charge of CPC 647(f), especially if you were not in a public place, or if you were not voluntarily intoxicated.

If you or a loved one is ever arrested for California Penal Code 647(f) (drunk in public) or any other Criminal Charge, it is vital to seek help as soon as possible. Contact The Law Offices of Bryan R. Kazarian www.kazarianatlaw.com and schedule a free consultation today.

Early Termination of Probation

If you plead or are found guilty of a Misdemeanor offense in the state of California, it is highly likely that you will be sentenced to Informal Probation, also known as court probation.

If this happens, the court will order you to complete all the terms and conditions of your probation for a term of months, usually a period of three years, after which time the probation will terminate.  However, if you have satisfactorily completed all orders of your probation, it is possible to have that probation terminated early, in other words before that term of three years has expired.

Penal Code Section 1203.3 allows the court to revoke, modify, change, or terminate probation. You must request a hearing with the court to state the reasons why terminating probation best serves the interests of justice. "Interests of justice" is determined by the judge who takes into account all circumstances including but not limited to your good conduct, whether you have complied with all their terms of your probation, whether you pose a threat to the community, whether you have reformed, and whether you have consistent employment amongst others. The court may then grant your motion for early termination of probation based on the persuasiveness of your argument.

Once the court grants early termination of probation you may then immediately qualify for an expungement (Penal Code Section 1203.4) which, with the right attorney, could all be completed at the same hearing.

For a free consultation with an attorney to find out if your probation may be eligible for early termination, contact The Law Offices of Bryan R. Kazarian at www.KazarianatLaw.com without further delay.

Are You in this Country Illegally?

Does dealing with the United States Citizenship and Immigration Services (USCIS) seem overwhelming? If you are in this country illegally, you may be frightened by the idea of contacting a governmental agency. You can limit yourself by not filing proper forms for getting a work visa, and getting yourself on the path to becoming a citizen. Knowing your rights and responsibilities can save you time and potential trouble. You need to understand the process involved in attaining legal status.

Illegals Have Rights, Too

You may even be unaware that you have certain rights under the law even if you are here illegally. If you have been the victim of a crime, you may be frightened to report the crime, but you should do so. Retaining the services of an experienced immigration attorney in Orange County is the right thing to do if you have been involved with a crime and don’t know where to turn.

Don’t Be Afraid of Red Tape

There is a process that is in place to enable you to reach legal status. Don’t take a chance of living in the United States illegally, as you can be deported, and even face a ban on re-entry. You need the assistance of a qualified immigration lawyer who can simply and concisely explain your situation to you, and help you with the confusing paperwork.

Call The Law Offices of Bryan R. Kazarian today at (714) 336-5303 today to set up a free consultation. Bryan is an immigration attorney who can give you clear and concise information about your rights.

Legal Fact of the Day 12/30/12

Over the years of our life we constantly do things without thinking. How many of us have grabbed our keys and ran out the door to go pick up a child or friend realizing that we are late in picking them up just to find out when we are half way to our destination we forgot our wallet and driver's license?

Although this does not seem to be nothing more than a mere indiscretion, this is in fact a quasi-criminal offense and an infraction. California Vehicle Code Section 12951(a) indicates in part....."The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway." If this happens, you could be facing an infraction and mandated to appear in court.

In the above scenario, if you did in fact have a valid California driver's license you may be in luck. California Vehicle Codes Section 12951(a) goes on to state that "Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest...." Therefore although there can be an inconvenience of having to go to court to show the judge/court your valid California driver's license issued to you before the date of the incident, the court should ultimately dismiss this case against you with a proof of correction fee usually around $25.00.

If any traffic or criminal event happens to you, call our offices and in most cases we can help avoid you having to appear in court at at all.

For more information, or for help with any legal questions visit www.KazarianAtLaw.com or call 1-657-2008-LAW

Technology Produces New Laws, Be Aware

With new technology, comes new opportunities to break the law, without even being aware of it. For instance, see CAL. PEN. CODE § 485. This code covers lost property and the obligation you have under the law. If you find lost property (like a cell phone or an I PAd) and know or can easily find out who the owner is, you are required to return it. To keep it in this scenario could be considered theft.

Or, for instance, did you know that it can be a crime to point at someone with a laser pointer? This can be very serious, and a violation of California Penal Code 417.25, which states that anyone who intentionally points a laser at another person with the intent to cause a reasonable fear of bodily harm is guilty of a misdemeanor and can be sentenced to up to 30 days in jail.

The workplace is an area to be aware of as well. California Penal Code section 502covers telecommunications. If a person unlawfully accesses, changes, deletes, or otherwise modifies or accesses data on a telecommunications network they may be found guilty of a crime. Crimes involving Computers, technology, and telecommunications networks are relatively new but carry with them traditional punishments. Unlawfully accessing a computer system or a file can come with prison or jail terms which range from one year to three years depending on whether there are previous violations.

If you are in legal trouble and find you are in need of legal advice due to a violation of something you didn't even know was illegal, you need the services of an attorney who knows the law and who will assertively defend your rights. You want to stay out of jail. You want to get on with your life. Bryan Kazarian can help.

Call The Law Offices of Bryan R. Kazarian at (714) 336-5303 today to set up a free consultation with an attorney who can give you clear and concise information about your rights.

Legal Fact of the Day 10/2/12

Don't forget being around and not reporting a crime can still get you in trouble! You could be considered Either an accessory to the crime or an accessory after-the-fact!

Parties to a crime are either classified as (1) Principals, or (2) Accessories. While the principal usually suffers the brunt of the consequences when they are caught, anyone who goes along with criminal activity and isn't considered a principal is an accessory. Anyone who, after the felony has been committed, "harbors, conceals, or aids…with intent that…principal may avoid or escape" is an accessory to such felony. (Cal Penal Code Section 30)

Punishments for being an accessory to a felony can include fines up to $5,000, up to one year in jail, or both!

For more information, or for help with any legal questions visit www.kazarianatlaw.com or call 1-657-2008-LAW