Recent Blog Posts

Santa Clarita Hit and Run

Gregory Caplan — Fri, 11 May 2012 16:25:00 GMT

Traffic accidents in the Santa Clarita Valley are a common occurrence, in the city, as well as on the freeway. While most collisions are relatively minor in nature, even these have the propensity to become much more serious. For example, a light "bump" of a parked car with light paint transfer and scraping, becomes a criminal investigation if an involved party leaves the scene of the accident without exchanging appropriate information. This becomes the first step of a Santa Clarita Hit and Run.

California law obligates that anyone "involved" in a traffic collision must immediately stop and provide certain identifying information. Sometimes, in relatively light accidents, such as described above, a driver doesn't want to be bothered, doesn't think the damage is significant, or is in a hurry, and continues on his or her way. So, what are the consequences?

A Santa Clarita Hit and Run is serious. If a person damages property in the above situation, he or she is subject to a misdemeanor violation of hit and run, which carries potential jail time, high fines, restitution, and substantial negative consequences to their DMV record.

A hit and run which results in injury of another person is even more serious, as you may expect. A person convicted of this charge, which can be filed as either a misdemeanor or felony, can be incarcerated for up to three years, be required to pay large fines, and restitution. DMV will take significant action for this type of conviction.

So, what should you do if you are involved in a traffic collision?

If you are involved in a traffic accident, you need to stop and provide required identifying information, as well as insurance information.

What if you do not think you were in a traffic accident and the driver of another car indicates that you were involved in a collision?

In the above case, you should immediately call the local law enforcement agency, and indicate the situation, for safety reasons, and otherwise. If you keep driving and police (LASD) investigate, you could be subject to criminal charges. If you delay stopping and/or reporting a traffic incident, you should contact a hit and run attorney and have the attorney speak on your behalf.

If there is even a slight question that you were involved in an accident, you are obligated to stop and investigate the situation.

Expungement of Criminal Case in Santa Clarita

Gregory Caplan — Fri, 04 May 2012 15:55:00 GMT

I am often asked about the significance of obtaining an expungement in the Santa Clarita Courthouse. While not every charge may be expunged, an expungement attorney can evaluate your case, as well as your best options, in bringing your case to suitable conclusion. Below are some highlights of the process.

If you are looking for employment in California, you want to place yourself in the best possible position to receive a job offer. Under California law, private employers, such as corporations, will generally request a background check on job applicants worthy of a job offer. If your record shows a conviction, you may be eliminated from consideration for the job offer. If, however, you have your conviction expunged, you will give yourself a huge boost in your job search, for two reasons.

The first reason is that once a case is expunged in California, you generally do not have to disclose it to private employers (you can usually answer "no" to the question of whether you have been convicted of that charge). The second reason is that when the expungement occurs, even if the prosepective employer learns of it, they are generally not allowed to deny you employment because of it.

In the past few years, because of the challenging job market in California, the Santa Clarita judges have been extremely open to an "expanded" expungement process. While in years past, I noticed Santa Clarita judges would grant expungements under typical statutory conditions, now they seem to be applying a more broad view.

For example, if you have successfully completed your court fines, programs, community service, and other terms of probation, and the probation period has just reached the halfway point, you may be in luck to clear your record. If you are having difficulty obtaining a job because of the conviction, and can substantially document this situation to the court, the judge may be inclined to terminate your probation early, clearing the way for an early expungement of your record and a better future.

So, how do you start. If you are on probation, you will need to file a Penal Code section 1203.3 Motion to Terminate Probation. Because of the complexities of this motion, you should have an Expungement Attorney prepare this for you. Once your probation has ended, early or otherwise, the next step is the Penal Code section 1203.4 Motion to Expunge. Again, because of the complexities of the law, it is best to have this prepared by an attorney on your behalf.

You can learn more about this process on our website at: Expungement in Santa Clarita.

I have been arrested- What should I do?

Gregory Caplan — Fri, 27 Apr 2012 14:05:00 GMT

I have found during my career in criminal law, that the one thing most people want to avoid is uncertainty. Because of the desire for immediate answers, many people turn to the first resource, whatever it may be, much to their detriment. It is important to remember, that if you have been arrested, you need to seek legal guidance from a suitable criminal defense attorney. A suitable attorney will be familiar with the local process, the local court, and likely emphasize criminal law in his or her practice. Locating an appropriate attorney is a bit trickier in the Santa Clarita Valley for reasons which will be explored, below.

Budget cuts, as well as new courthouse construction has made things a bit confusing with cases that originate in the SCV. For starters, if you are arrested for a felony case, your case will be initially set in the San Fernando Courthouse. However, if your attorney makes efforts of early intervention on your behalf and/or the DA believes that a misdemeanor charge is more suitable, your case will be transferred back to the Santa Clarita Courthouse. If your case begins as a misdemeanor, your case will likely stay at the Santa Clarita Criminal Court. Early intervention may also steer your case to a criminal court alternative, such as an Office Hearing, in some circumstances.

More interestingly, "special interest" cases, or cases involving more than one LA County jurisdiction outside of the SCV, may also be filed in another Los Angeles Superior Court, depending on the DA's Office filing protocol. So, in this particular situation, you may need to obtain representation from a Los Angeles Criminal Defense Lawyer, instead of an attorney in the Santa Clarita Valley.

Thus, even though you were arrested in the Santa Clarita area, the local court process allows the DA to select the jurisdiction under many scenarios. While the forum for your case may subsequently be changed, it remains important to evaluate and determine the suitable attorney for the circumstances of your case.

Attorneys in Santa Clarita

Gregory Caplan — Fri, 20 Apr 2012 14:10:00 GMT

An arrest in the Santa Clarita area of a loved one can be a challenging event, and a significant reason for this is because of the uncertainty of the process. While there is an ocean of information available online about criminal cases, much of it is untrustworthy and incorrect. While it is natural to try to quickly gain a basic understanding of your options, you shouldn't substitute the web, in place of an attorney in Santa Clarita, for legal advice about criminal defense in Santa Clarita. It is always unwise to attempt to represent yourself in any criminal allegation, whether it is a felony or misdemeanor.

Your first step should be to locate a criminal defense attorney familiar with the local system, and arrange a time to speak in detail about your case. A local attorney in Santa Clarita suitable for your type of case should be able to provide you a basic understanding of the legal process, listen to your side of the story, and provide you options about how you may be able to resolve this situation. This attorney should act as a buffer between you and the system, to prevent potential future problems, such as statements which could negatively impact your case.

Any attorney you consider for representation should discuss your goals, as well as his or her honest opinion about how your case may be solved. An important issue in criminal defense is that attorneys in Santa Clarita and California are prohibited from promising any outcome in a criminal case. Thus, if you are assured a certain result by a particular attorney, this would be considered inappropriate conduct by the attorney, and you should look elsewhere for legal representation.

Why do I need a San Fernando Criminal Lawyer for my Santa Clarita case?

Gregory Caplan — Fri, 13 Apr 2012 14:30:00 GMT

The restructuring of the Santa Clarita Court system has caused some confusion over the last year. Because the old Santa Clarita Courthouse is being phased out, in anticipation of the new courthouse expected in about five years, criminal cases are being handled differently. While historically, the Santa Clarita Courthouse had two misdemeanor courtrooms and one felony courtroom, that is now changed. Divisions 1, 2, and 3 now only handle misdemeanor cases. What this redistribution does is transfer all felony cases to the San Fernando Courthouse, to Division 130, also known as Department "S," for arraignment. After arraignment, cases are distributed to a felony trial courtroom in the San Fernando Courthouse. Thus, while it may seem counterintuitive to obtain legal services from a San Fernando Criminal Lawyer, this is an appropriate strategy.

What if my arrest in the Santa Clarita Valley is a wobbler?

Wobbler cases initiated in the SCV go to the DA's Office in San Fernando for review. Your San Fernando Criminal Attorney has an opportunity to intervene on your behalf during this time, to provide information which may be helpful in the DA's decision to decline felony prosecution. If the case is declined for felony charges, the case may then return to the Santa Clarita DA's Office for misdemeanor review. It can be just as important for your attorney to intervene with this agency, as well, to request any possible alternative, including a DA Office Hearing.

As you can see, it remains important for your lawyer to understand the Santa Clarita system in any criminal case stemming from an incident in the SCV. Your attorney can speak to the law enforcement agency on your behalf, provide you advice on your options, and also help you with some peace of mind, knowing that your rights are being protected.

Santa Clarita: Expunging a Criminal Record

Gregory Caplan — Fri, 06 Apr 2012 15:55:00 GMT

You can learn more about this process on our website at: Expungement in Santa Clarita.

Arrests in Santa Clarita Valley

Gregory Caplan — Fri, 06 Apr 2012 14:35:00 GMT

How does an arrest take place in the Santa Clarita Valley? While there are many variations of Santa Clarita Valley arrests, there are primarily two ways, as you will read below.

Many arrests occur in a retail setting, i.e., shoplifting. These cases are typically intiated by a loss prevention security guard or store employee who observes conduct suspected to be theft. The person suspected to have committed the offense is usually contacted just outside the front door of the business (beyond the point of the last cashier/cash registers). In most cases, the suspect willingly goes back to the business office to discuss the incident, as well as to return any "unpaid-for" items. Most businesses have a prosecution policy which dictates notification of the Santa Clarita Sheriff's Station. The LASD then responds to the business, and takes custody of the person. Interestingly, the actual arrest is almost always made by the security guard or store employee. The reason the arrest is not technically made by LASD is that most shoplifting cases are misdemeanors, and with this level of violation, an arrest can generally only be made by a person who is a witness to the crime. LASD then transports the person to the station for booking. The person is either "cited out," bailed out, or held in custody for the next available court date.

The rules change a bit for domestic violence charges, dui cases, as well as felonies. The Penal Code allows for arrests to be made by LASD for these types of incidents, even though they may not have occurred in their presense. In felony and domestic violence cases, an arrested person can only be released upon posting bail, approved for an O.R. Release by an "On-Call Commissioner," or by a reject filed by the D.A. If the evidence is not substantial, your attorney can take early intervention on your behalf, requesting the case be rejected for charges in court.

SCV Cases in San Fernando Court

Gregory Caplan — Fri, 30 Mar 2012 17:15:00 GMT

You may be wondering why your case is set in San Fernando Criminal Court, since you were arrested in the Santa Clarita Valley. Recent developments regarding inadequate facilities for felony cases in the old Santa Clarita Courthouse, have necessitated sending SCV felony cases to the San Fernando Courthouse.

So, how does this impact my case from the SCV? As you will read, these changes dictate that you consult with a San Fernando Criminal Lawyer to determine your best options.

Criminal cases from the SCV are now taking a more circuitous route. Felony arrests are now reviewed by the DA in San Fernando. If the case meets felony fling criteria, the case is filed and heard in San Fernando. If the case does not meet filing standards, the case is sent back to the DA in Santa Clarita for filing consideration. Cases seem to be taking a bit longer in the process, since cases from the SCV are still usually personally submitted by the detectives from the SCV agencies, to the San Fernando filing DAs (rather than walking the file down the hallway at the old Santa Clarita Court where the LA Sheriff's Department remains). Cases which need further investigation by SCV law enforcement agencies are oftentimes taking months to return to the DA for reconsideration. It also seems that there is less organization in this new system, since there can be more steps to the process.

Thus,if you are arrested for a felony in the Santa Clarita Valley, you need to first consult with a San Fernando Criminal Attorney to determine your best options. An experienced criminal attorney will explore early intervention options, as well as appropriate strategies for your case, and take affirmative steps to protect your rights.

Santa Clarita Drug Possession Attorney

Gregory Caplan — Fri, 23 Mar 2012 16:40:00 GMT

Drug possession in the Santa Clarita Valley can be an extremely serious crime. Law enforcement agencies enforce state and federal laws strictly, and the courts address these cases harshly, as well. So, what do you do if you have been arrested for drug possession in the SCV. Your first step is to contact a Santa Clarita Drug Possession Attorney to help you understand your options, possible strategies, and appropriate approaches.

Felony Drug cases from the Santa Clarita Valley are now handled in the San Fernando Criminal Court. If the amount of drugs is a very small quantity, the case can be considered for misdemeanor filing in court. This is possible in cases involving Methamphetamine, as well as unlawful possession of a small amount of pills. If the case is filed in San Fernando, you will want a lawyer who is a San Fernando Valley Criminal Defense Attorney to assist you.

While some cases may be eligible for drug programs and treatment, others may not. For example, a person who is arrested in possession of amounts of narcotics a bit higher than usually seen by law enforcement officers may arrest the person for "Possession for Sale" or "Transportation." These charges are not generally eligible for alternative programs if the quantity of the narcotic is above the amount of "personal use." An effective Santa Clarita Drug Lawyer will explore the facts and laws applicable to your situation.

If an alternative such as PC 1000 or Prop 36 is a possibility, your attorney may start you in a program prior to the court date, to show the judge and DA that you are amenable to treatment. Even if the case is filed as a "Sale" or "Transportation for Sale" the court may consider treatment for the person charged. Your attorney can explore these possibilities for you.

In any drug case, you will need representation from an attorney. Even cases involving possession of a small amount of Marijuana (an infraction) is a drug charge, and could impact your future in a negative way. Make sure you inquire of your attorney about all of your court options. Alternative programs are not always the best choice in drug cases; you may have defenses or solutions which are more suitable.

Shoplifting Cases in the Santa Clarita Valley

Gregory Caplan — Fri, 16 Mar 2012 15:45:00 GMT

Shoplifting cases are not uncommon in the Santa Clarita Valley, and I wanted to emphasize this post on the various types of shoplifting cases, which are petty theft, grand theft, and burglary. Depending on the circumstances, shoplifting cases can be felony or misdemeanor violations.

Typically, shoplifting occurs in commercial businesses, such as electronics stores and department stores in the SCV. Petty theft is the most common form of shoplifting, and some recent changes in state laws have broadened the number of these cases. Historically, petty theft involved amounts of $400 or less. During the last year, the legislature modified the limit of petty theft to the amount of $950. Thus, we are now seeing more petty theft cases not so much by virtue of more thefts, but because cases which used to be "grand theft," are now defined as petty theft. Petty theft cases are generally filed at a misdemeanor level, unless, the arrested person has three or more prior convictions for theft in which a jail sentence was served, or if the person accomplished the petty theft with a plan to do so prior to entering the business. Petty theft is punishable by a maximum of six months in jail, unless the arrested person has prior convictions- in which case the maximum punishment is a year in the county jail for a misdemeanor and three years in the county jail for a felony. Petty theft as a felony no longer can be punished with a state prison sentence.

Grand theft in the context of shoplifting involves amounts over $950. If a person is arrested for grand theft, the arresting agency, usually the LA County Sheriff's Department in the SCV, does not have discretion to decide if the charge will be a felony or misdemeanor. Thus, arrests for grand theft will be at the felony level, and the District Attorney will decide if it is to be filed at a felony or misdemeanor level in court. Swift intervention by Santa Clarita Lawyers may impact the filing decision made by the DA. Misdemeanor grand theft charges carry a maximum of one year in the county jail, while felony charges carry up to three years in the county jail. State prison is no longer a sentencing option.

Finally, burglary in quite common in Santa Clarita criminal cases. Burglary requires that the arrested person intend to steal or commit a felony when entering a structure. Commercial burglary, which is burglary of a business, can be punished at misdemeanor or felony level, however, the LA Sheriff's Department will make a felony arrest for this type of conduct, and it is up to the DA to decide if the case will be filed as a felony or misdemeanor in court. Burglary does not require that an actual theft or shoplifting occur- only the intent to do so. Punishment as a misdemeanor has a maximum of one year in the county jail, and felony punishment a maximum of three years in jail.

For more information on theft cases, you can go to our other website, at Los Angeles Criminal Defense Attorney.

Santa Clarita Attorneys

Gregory Caplan — Fri, 09 Mar 2012 15:55:00 GMT

The criminal justice system in the Santa Clarita Valley can be devastating to a person accused of a crime. Most persons charged with violations at the Santa Clarita Courthouse are unfamiliar with the court system or the local procedures. Because of the high volume of cases which are handled each day, it is important that you have legal represention, to make sure that you receive an appropriate resolution. Santa Clarita Attorneys familiar with the local system can properly review the accusations of a criminal case, discuss possible defenses and strategies, as well as ensure that you have a thorough understanding of your rights and obligations.

What characteristics are important in an attorney in Santa Clarita? Your attorney should have a solid background in criminal law and criminal defense. While many attorneys claim to be criminal attorneys, you should investigate prospective Santa Clarita attorneys' backgrounds to be certain. Your attorney should be familiar with the local processes of the Santa Clarita Valley law enforcement agencies, as well as the local treatment of the court cases. For example, certain cases may be considered for Office Hearings, rather than criminal charges in court. Your attorney should understand the relevant factors to be considered by the DA for an alternative such as an Office Hearing.

Your attorney should also answer your questions and concerns about your case. If a prospective attorney does not seem to communicate well with you, you are probably better off with a different attorney.

Finally, price should not be the most important consideration when selecting an attorney. There is the saying that you "get what you pay for." Interview prospective attorneys to find out what services for which you will be paying to be certain that you are obtaining the most effective representation for you.

Criminal Lawyer Santa Clarita

Gregory Caplan — Fri, 02 Mar 2012 15:05:00 GMT

If you have been arrested in the Santa Clarita Valley, how do you determine if you need representation from a criminal lawyer in Santa Clarita? The short answer is that anyone arrested should seek the advice and counsel from an experienced criminal lawyer. Even if you are accused of the least serious misdemeanor charge, there are long-term consequences which flow from a conviction which can impact a person for the rest of his or her life.

A criminal lawyer will first carefully listen to the client to evaluate the potential criminal liability. Once the lawyer has a thorough understanding of the client's viewpoint, the lawyer can explain the possible defenses, strategies, as well as early intervention options which could assist in a productive resolution of the case. Your lawyer may wish to have a private investigator begin an independant review of the evidence and witnesses. Your lawyer may need to make immediate requests to preserve evidence which would otherwise be unavailable at a later time, such as video surveillance at a location related to your arrest.

Importantly, your lawyer will provide a buffer between you and the arresting law enforcement agency, requiring that any statement come through you,, rather than allow you to make statements which could be used to build a case against you. Surprisingly, I have seen many situations where an accused person has made statements which caused a detective to request criminal charges, when without the statement charges would not have been filed.

In any event, you can see that obtaining prompt representation from a Criminal Lawyer Santa Clarita can be extremely helpful in avoiding common mistakes made by persons accused of crimes, as well as provide some peace of mind that efforts are being taken on his or her behalf.

Santa Clarita Warrants

Gregory Caplan — Fri, 24 Feb 2012 16:45:00 GMT

What is the process if you have a Santa Clarita Warrant? The process typically depends on the type of warrant, the level of the charges, and the amount of the warrant. Below, we cover some common warrant situations in Santa Clarita Warrants.

Warrants come in many forms. A common warrant is an arrest warrant. This is where the law enforcement agency has provided information to the District Attorney's Office that an incident has occurred, a particular person is believed to have done it, and that the conduct is a violation of law. The DA makes an independant evaluation of the law enforcment reports, and then makes a filing decision. If the DA believes the reports provide a basis for criminal charges, and that a prompt arrest is necessary, the DA makes a request with a declaration to a judge, to issue an arrest warrant for the person suspected of the crime. Once the warrant is issued, the law enforcement agency then will likely make efforts to take the person into custody.

A bench warrant is different. This warrant is usually issued after a person is ordered to court, in cases where the person fails to appear to court as ordered by a citation or bond. A common cause of citation bench warrants is inadvertance, i.e., the person forgot about the court date. If the person gets to court soon after the warrant is issued, a judge may be inclined to ignore the infraction. However, if a person waits until being arrested on the warrant, judges tend to come down harshly.

Misdemeanor warrant cases are usually not as serious as felonies. However, judges have the right to consider jail time in any warrant case.

In misdemeanor cases there is a statutory right to bail; thus, a person who has a misdemeanor warrant generally has the right to post a bond, and return to court out of custody. However, in felony cases, there is no such right. Judges can and do issue "no bail" warrants. Thus, no amount of money will allow for the person to be released if they have a no bail warrant, prior to going to court.

Santa Clarita Expungement

Gregory Caplan — Fri, 17 Feb 2012 16:25:00 GMT

It's 2012 and the start of a new year. If you are among the many people who have been convicted of charges in the Santa Clarita Valley, your employment options may be on hold- but there could be a solution. An expungement of a criminal charge in Santa Clarita may allow you to move forward in your life, and into your new career. So, how does this work? Under California law, private employers are generally not allowed to deny employment to an applicant because of a criminal case which has been expunged. In fact, in many employment application situations, a person with an expunged case can lawfully answer that they have not been convicted of a crime.

Penal Code section 1203.4 provides a process for most Santa Clarita criminal charges to be expunged, if certain requirements are met. If you have completed your entire probation successfully, or have completed a portion of the probation and had the probation terminated early, you would likely be a good candidate for a Santa Clarita expungement. Even if you have not successfully completed probation, an experienced expungement attorney may still be able to request an expungement on your behalf.

Your first step is to contact a Santa Clarita Expungement Attorney to provide specific information about your case. Your attorney will investigate the court docket and records of your case, determine if your case is eligible for expungement, and explain your options. In many cases, a criminal case can be expunged quickly, if your attorney files a formal expungement motion and requests a prompt hearing date.

Because of the technical process involved in a Santa Clarita Expungement, it is best to seek advice from a Santa Clarita Expungement Attorney to guide you through the process.

You can read more about expungements at Los Angeles Expungement Attorney.

Suspended License Cases in the Santa Clarita Valley

Gregory Caplan — Fri, 10 Feb 2012 15:45:00 GMT

Do you have a suspended driver's license case in the Santa Clarita Courthouse? While the problem may seem daunting, the solution may be easier than you think.

A Santa Clarita Suspended License Attorney will first want to evaluate your driving history record, to determine what issues are creating problems for your license privilege. In many cases, I have found that with guidance and direction of an attorney, most suspended license issues can be resolved.

For example, the most common suspended license issue I see relates to failure to appear in court (FTA), failure to pay fines/fees, and failure to return to court after promising to do so. These types of cases tend to trigger I-Holds at DMV, as well as suspension notices. Additionally, FTA cases in Santa Clarita often result in bench warrants, probation violations, as well as collection agency action from GC Services. All of these can create stress and uncertainty, but all of these can generally be corrected, with the help of an experienced attorney.

DUI Suspensions are common, as well, These cases can be especially tricky because of the likelyhood of probation violations, as well as the prospect of jail and installation of a breath machine (IID) on your car in the future. Again, an attorney can provide you with your options.

"Negligent Operator" cases typically occur when a driver collects too many points on his or her driving record in a short period of time. People with these suspensions may be eligible for provisional driver's licenses, depending on whether there exists a critical need to drive.You should speak to an attorney about how to request this option.

A Santa Clarita Suspended License Attorney will evaluate your best strategies and approaches, and should be able to explain possible options to obtain a valid driver's license in the future.

You can learn more about license suspension cases on our video, at Los Angeles Suspended License Attorney.