Criminal Defense Blog

May 23, 2024 By

Understanding Your Rights: What to Expect from a Civil Litigation Lawyer in Tenant Disputes

What is civil litigation?

Civil litigation is the legal process used to resolve disputes between individuals, organizations, or companies. When a disagreement arises that cannot be settled informally, one party may choose to file a lawsuit in court. Civil litigation covers a wide range of issues, including contract disputes, property disputes, personal injury claims, and more. In a civil litigation case, the parties involved present their evidence and arguments to a judge or jury, who then make a decision based on the law.

Role of a civil litigation lawyer in tenant disputes

Civil litigation lawyers play a crucial role in resolving tenant disputes. They provide legal representation and guidance to tenants involved in legal conflicts with their landlords. Their responsibilities include:

Advise tenants on their legal rights and obligations.
Assist in negotiating settlements with landlords.
Represent tenants in court proceedings if a resolution cannot be reached.
Help tenants understand complex legal documents and procedures.
Advocate for tenants to ensure their rights are protected.

Overall, civil litigation lawyers play a pivotal role in supporting tenants throughout the dispute resolution process.

Types of tenant disputes handled by civil litigation lawyers

Civil litigation lawyers handle various types of tenant disputes, including issues related to non-payment of rent, breach of lease agreements, property damage disputes, eviction proceedings, and security deposit conflicts. These lawyers assist tenants in navigating legal complexities and seeking resolutions to their disputes through negotiation, mediation, or, if necessary, litigation.

Understanding your rights as a tenant

Landlords must provide a safe and habitable living environment for tenants. According to the law, tenants have rights that include:

The right to a safe and habitable living space
The right to privacy
The right to proper notice before entering the rented property
The right to not be discriminated against based on race, gender, or disability
The right to a reasonable amount of time to pay rent after receiving a notice of eviction

Tenants can seek help from a civil litigation lawyer if they believe their rights as tenants have been violated.

Responsibilities of landlords in tenant disputes

Landlords have the responsibility to maintain a safe and habitable living environment for their tenants. This includes making necessary repairs promptly and ensuring that the property meets all health and safety codes. Landlords are also required to provide proper notice before entering the rental unit and to respect their tenants’ privacy. Additionally, landlords must adhere to the terms outlined in the lease agreement and not unlawfully evict tenants without following the proper legal procedures.

Common legal actions taken in tenant disputes

Landlords commonly take legal actions against tenants in disputes by issuing eviction notices or filing lawsuits for non-payment of rent or damages to the property. Tenants, in turn, may respond by contesting the eviction in court, negotiating with the landlord, or filing a counterclaim for unfair treatment or breach of contract. Understanding the legal process and seeking advice from a civil litigation lawyer can help tenants navigate these situations effectively.

The process of resolving a tenant dispute

During a tenant dispute, the process of resolving the conflict usually involves these steps:

Communication: The first step is often open communication between the tenant and the landlord to try and address the issue informally.
Notice: If the issue remains unresolved, the landlord may provide written notice to the tenant outlining the problem and potential solutions.
Mediation: In some cases, a third-party mediator may assist in facilitating a discussion and finding a mutually agreeable resolution.
Legal Action: If all else fails, seeking legal advice or evoking the help of a civil litigation lawyer may be necessary to navigate the legal process and reach a resolution.

Conclusion and next steps

Now that you know what to expect in landlord-tenant disputes, it’s time to take action. Contact a reputable lawyer specializing in landlord-tenant litigation to discuss your case and explore your legal options. Be prepared to provide all relevant documentation and information to help your lawyer assess your situation accurately. Remember, knowing your rights is the first step towards resolving tenant disputes effectively. Consultation is usually the next step, allowing your lawyer to evaluate your case thoroughly and recommend the best course of action to protect your rights.

May 15, 2024 By

The Essential Guide to Choosing a Lawyer for an Assault Charge

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Understanding Assault Charges

Assault charges involve intentionally causing harm or threatening harm to someone else. Here are some key points to understand:

Types of Assault: Assault cases can be classified as either simple or aggravated. Simple assault typically involves minor injuries or threats of violence, while aggravated assault involves more serious harm or the use of a weapon.
Severity and Penalties: The severity of the assault charge and potential penalties can vary depending on the incident’s circumstances and local laws.
Legal Representation: It’s crucial to seek legal representation if you are facing assault charges to understand your rights, the legal process, and potential defense strategies.

Importance of Hiring a Lawyer

Hiring a lawyer is crucial when facing assault charges. A lawyer can help protect your rights and provide legal guidance throughout the process. Here are some key reasons why hiring a lawyer is important:

Expertise: A lawyer understands the intricacies of assault laws and can provide expert advice on navigating your case.
Guidance: Legal proceedings can be complex, and a lawyer can help you understand the legal jargon and processes.
Negotiation: A lawyer can negotiate with prosecutors on your behalf, potentially reducing charges or penalties.
Representation: Having a lawyer represent you in court can improve your chances of a favorable outcome.
Defense Strategy: Your lawyer can gather evidence, interview witnesses, and build a strong defense strategy to support your case.

Qualities to Look for in a Lawyer

When choosing a lawyer for assault charges, consider the following qualities:

Specialization: Look for a lawyer who specializes in assault charges with experience handling similar cases successfully.
Responsiveness: Choose a lawyer who communicates clearly and is responsive to your needs.
Proactivity: A proactive lawyer with a strong attention to detail can significantly impact your case’s outcome.
Trustworthiness: Honesty and trustworthiness are crucial traits in selecting a lawyer.
Dedication: Ensure your lawyer is dedicated and committed to fighting for your rights.

Experience with Assault Cases

Prioritize a lawyer with experience handling assault cases. An attorney with a track record of successfully defending clients against assault charges will be better equipped to navigate your case’s complexities. Look for a lawyer who has a proven history of achieving favorable outcomes for their clients.

Legal Fees and Payment Structure

Legal fees can vary based on the complexity of your case and the attorney’s experience. Common payment structures include:

Hourly Rates: Lawyers charge by the hour for the time they spend on your case. Rates can range from (100 to )500 per hour.
Flat Fees: For straightforward cases, some lawyers may offer a flat fee for their services.
Retainers: You may need to pay a retainer upfront, which is an advance payment for the lawyer’s services.
Contingency Fees: In some cases, lawyers may work on a contingency basis where they only get paid if you win your case.
Payment Plans: Some lawyers offer payment plans to help clients manage their legal costs.

Discuss payment options with potential lawyers to find a suitable arrangement for your situation.

Initial Consultation and Case Assessment

During your initial consultation with an assault charges lawyer, they will assess your case’s details, including the incident’s circumstances and any available evidence. This meeting is essential for the lawyer to understand your situation and provide an overview of potential legal strategies. Be prepared to discuss all relevant information openly and honestly to ensure an accurate assessment of your case. Additionally, the lawyer may outline potential outcomes and the steps involved in handling your defense. This consultation is also an opportunity to evaluate if the lawyer is the right fit for your case.

Building a Defense Strategy

To build a strong defense strategy in an assault case, it is crucial to gather evidence supporting your innocence. This evidence could include witness testimony, alibis, or proof contradicting the prosecution’s claims. Hiring an experienced assault charges lawyer specializing in criminal defense can significantly increase your chances of a successful defense. They will know the relevant laws, procedures, and tactics to use in your favor. Honesty and cooperation with your lawyer are key in building a solid defense.

Court Proceedings and Trial Preparation

When facing assault charges, court proceedings are essential. Your lawyer will prepare for trial by gathering evidence, interviewing witnesses, and developing a defense strategy. It’s crucial to be honest with your lawyer and follow their advice to strengthen your case. Preparation for trial involves researching relevant laws, drafting legal documents, and ensuring all necessary paperwork is in order. Your lawyer will represent you in court, present arguments, and cross-examine witnesses to fight for your rights.

Negotiating Plea Deals

Negotiating plea deals can sometimes lead to a lesser punishment when facing assault charges. In such agreements, you may plead guilty to a lesser offense, resulting in reduced penalties. Consider the following when negotiating plea deals:

Evidence: The strength of the evidence against you can impact the negotiation process.
Legal Representation: Having a skilled assault charges lawyer can significantly affect the plea deal outcome.
Prosecution’s Stance: Understanding the prosecution’s stance and willingness to negotiate is crucial.

Negotiating plea deals requires careful consideration and strategic planning to achieve the best possible outcome for your case.

Post-Trial Procedures and Outcomes

After the trial concludes, several post-trial procedures and outcomes must be considered. Understanding what happens next is essential. Here are some key points:

Sentencing: After a verdict, the judge will decide on the appropriate punishment, which could include fines, probation, community service, or imprisonment.
Appeals: Either party may choose to appeal the verdict or specific legal decisions made during the trial. Appeals can prolong the legal process and potentially lead to a retrial.
Probation: If the defendant receives probation, they must follow specific conditions set by the court, such as regular check-ins with a probation officer and adhering to certain restrictions.
Legal Record: The trial outcome will become part of the defendant’s legal record, impacting future opportunities like employment or housing.

Understanding these post-trial procedures and outcomes is crucial for anyone involved in a legal case.

December 6, 2018 By Rana Parsanj

Resisting Arrest

If you prevent a law enforcement officer from performing his or her duties, you could be charged with resisting arrest. It sounds like a simple concept, but unfortunately, this law has been used in ways that it was never intended to charge people with crimes.

The California Legislature enacted the law against resisting arrest with a noble goal in mind: to encourage citizens to comply with orders from law enforcement officers, and to protect the wellbeing of the same officers. Over time, this law has been used as a way for some police officers to arrest citizens who are otherwise behaving lawfully.

In essence, some law enforcement officers use the resisting arrest statute to bring charges against anyone who disobeys them — even if they did not actually break the law. This abuse of power occurs throughout California. A skilled Glendale criminal defense attorney can often help to level the playing field if you have been unfairly charged with resisting arrest.

What is Resisting Arrest?

In California, a prosecutor can charge a person with the crime of resisting arrest if he or she willfully resists, delays, or otherwise obstructs a law enforcement officer or emergency medical technician (EMT) while he or she is performing or attempting to perform his or her duties. Because the law was written broadly, it can be used in a number of ways to charge a person with a crime.

According to a Glendale criminal defense attorney, a prosecutor must prove three elements in order to convict a person of the crime of resisting arrest:

There was a public officer, peace officer or EMT lawfully performing or attempting to perform his or her duties;
The defendant willfully resisted, obstructed, or delayed him or her in the performance or attempted performance of those duties; and
The defendant knew or reasonably should have known that he or she was an officer or an EMT engaged in those duties.

Importantly, the prosecutor does not need to prove that the defendant intended to hurt the officer. Instead, the only “intent” that must be proven is that the defendant knowingly resisted, obstructed or delayed the public officer, peace officer or EMT.

Under California law, resisting arrest is a misdemeanor offense. Penalties include up to one year in county jail and/or a fine of up to $1,000.

How is Resisting Arrest Charged?

There are a number of ways that resisting arrest can be charged under California law. A common example may occur when a person is being arrested, and he physically fights the officers’ attempts to place him in handcuffs or into the police car. In that situation, resisting arrest may be charged based on the elements listed above — the officer was attempting to perform his duties, the person willfully resisted him as he tried to perform those duties, and the person knows that the officer was a law enforcement officer.

However, other situations are not necessarily as clear. For example, an officer pulls a car over for changing lanes without signaling a turn and tells the person to get out of the car because they are going to be arrested. The person resists, knowing that the offense is just an infraction — and not something for which she can be arrested.

Can she be charged with a crime when the order was not lawful? An experienced Glendale criminal defense attorney would argue that the charge must be dismissed because the officer was not lawfully performing his duties because he gave an illegal order.

Similarly, if the police are using excessive force in effecting an arrest, they are not acting lawfully. A skilled Glendale criminal defense attorney may be able to argue that a person was not resisting arrest if you acted in self-defense against this use of force.

Work with a Glendale Criminal Defense Attorney

The crime of resisting arrest is used more frequently by California police. While it is a misdemeanor crime, it can still have a significant impact on your life. A seasoned Glendale criminal defense attorney can investigate and analyze the facts of your case to put together a strong factual and legal defense against the charge.

The Parsanj Law Group is a boutique law firm devoted to California criminal defense. We believe in holding the prosecution to its burden of proving guilt beyond a reasonable doubt. We defend our clients aggressively, negotiating favorable plea agreements when possible, or otherwise taking cases to trial, and work hard to achieve the best possible outcome in each case. To schedule a consultation with a Glendale criminal defense attorney or learn more, contact us by phone at 818-698-6680 or by email.

November 2, 2018 By Rana Parsanj

Expungement Changes for Pot Use

California is well-known for its liberal marijuana laws. For years, medical marijuana has been legal in the state. More recently, the state’s voters opted to allow the use of marijuana for recreational purposes as well. Yet despite these laws, hundreds of thousands of Californians have convictions for marijuana possession on their records — which may prevent them from getting jobs, qualifying for professional licenses, and more.

According to a study from the Drug Policy Alliance, nearly 500,000 Californians were arrested on marijuana charges between 2006 and 2015. These numbers show that there are a substantial number of California residents who have been affected by California’s prior drug laws — and who may now be getting relief.

Under a new law recently signed by Governor Jerry Brown, eligible marijuana convictions will automatically be expunged from individuals’ criminal records. Qualifying felony marijuana convictions will be reduced to misdemeanors. This law will be a tremendous benefit to any Californian with a criminal record related to marijuana.

At the Parsanj Law Group, we work hard to protect our clients’ rights and freedoms. From the initial arrest through the close of criminal case, we will stand by your side and advocate for your best interests. The change to California’s marijuana laws is incredibly positive for all residents, including those who have a conviction on their records. Learn more about it from an experienced Glendale criminal defense attorney below. To schedule a consultation, contact us by phone at 818-698-6680 or by email anytime.

The Basis for Automatic Expungement

In 2016, Proposition 64 made the use of weed for recreational purposes legal in California. This measure also made it possible to have a criminal record for marijuana possession expunged or a conviction reduced from a felony to a misdemeanor. This represented significant progress in California’s move towards criminal justice reform.

Under Prop 64, misdemeanor marijuana convictions may be eligible for expungement. This is a legal process that clears a conviction from a person’s record, as though it never happened. Certain felony marijuana convictions could be eligible for a reduction to a misdemeanor crime. There are numerous benefits to reducing a charge from a felony to a misdemeanor, including restoring California gun rights, being able to state that you have never been convicted of a felony, and eligibility for certain professional licenses.

Yet the process to have a marijuana possession conviction expunged or reduced from a felony to a misdemeanor could be time-consuming and costly. According to a Glendale criminal defense attorney, expunging your record or seeking a reduction of your charges required a substantial amount of paperwork. It also required you to appear in court. This complicated process may be overwhelming for the average person, requiring the retention of a lawyer to help them through the bureaucracy.

Given this reality, Assemblyman Rob Bonta introduced Assembly Bill 1793, which would require courts to expunge or reduce all qualified criminal convictions under Prop 64. Instead of having to petition the court, paying attorney’s fees, or appear in court, the process would be automatic. In August, the California Legislature passed the bill. Governor Brown signed it into law on October 1, 2018.

Which Marijuana Convictions Are Eligible for Review?

Under AB 1793, the California Department of Justice is required to review the records of marijuana convictions that are eligible for “recall or dismissal of sentence, dismissal, and sealing, or re-designation” (expungement) under California’s current marijuana laws.

Eligible convictions include:

Possession of 1 ounce or less of marijuana;
Possession of 4 grams or less of concentrated cannabis;
Cultivation of 6 marijuana plants or fewer; or
Possession with intent to sell less than 1 ounce of marijuana.

The Justice Department will have until July 1, 2019 to complete its review of eligible cases for expungement or reduction. From there, prosecutors will have one year to determine if they will challenge any cases. If there is no challenge by the prosecutor’s office, then the court can modify the record of conviction. More than 220,000 convictions may qualify for expungement or a reduction under this new law. The law will go into effect on January 1, 2019.

Work with a Glendale Criminal Defense Attorney

Having a criminal conviction on your record can make it difficult to achieve your goals in life. While California has loosened its marijuana laws, there are still severe penalties for the possession, sale, manufacture, and distribution of other types of drugs in the state. Having a skilled Glendale criminal defense attorney can make all the difference if you are charged with a drug-related crime.

The Parsanj Law Group is skilled at assisting clients with a range of California criminal law charges. We thoroughly investigate the facts of each case to develop the best possible defense to the charges against our clients. From there, we work to have the charges dismissed or reduced, or to achieve a favorable result through a deal or at trial. To schedule a consultation or learn more, contact us by phone at 818-273-1360 or by email.

September 26, 2018 By Rana Parsanj

California Expands Gun Control Laws

In the wake of the school shooting in Parkland, Florida, activists demanded change to our nation’s gun control laws. California — already home to some of the most restrictive gun control laws in the country — responded. On August 28, 2018, the California Legislature passed a series of four gun control measures designed to prevent such mass shootings. If signed by Governor Jerry Brown, these laws will bring about substantial change to the state’s already strict gun control laws. They will also have a significant impact on the individual rights of Californians.

Gun Control Laws: How They Affect You

Gun control laws are hot topics in American politics. No matter what your position on the right to bear arms may be, it is important to understand this new legislation and how it may affect you. Parsanj Law Group is dedicated to assisting our clients through each stage of the criminal justice process, which includes providing advice on laws that may impact their lives.

Below, Glendale criminal defense attorney, Rana Parsanj, has outlined the four new gun control laws, discussing how they will change existing law and what you need to know if you are a gun owner. If you would like to learn more, contact us at 818-698-6680.

Expansion of Gun Violence Restraining Orders

California is one of the few states in the country with a “red flag” law, which allows police or a family member to petition a court to order the temporary removal of firearms from a person who may be a danger to others or themselves.

Assembly Bill 2888 amends California’s current law to allow a court to issue an ex parte gun violence restraining order against any subject of a petition who poses a significant danger of harm to themselves or to others. The term “ex parte” means that the subject of the petition — the gun owner — does not have to be present.

In other words, a concerned family member can request a restraining order without the gun owner knowing about it until the order has been granted. This restraining order, sometimes known as an extreme violence protection order, can last for a year or for an indefinite period of time. It can also be renewed through a new petition.

A major change in the law, as amended by AB 2888, is that instead of being limited to immediate family members and police officers, other community members can now request gun violence restraining orders. This includes employers, coworkers and teachers.

If a person is subject to a gun violence restraining order, he or she cannot possess a firearm or ammunition. The protection order also prohibits the person from owning, purchasing, possessing, receiving, or attempting to purchase or receive a firearm or ammunition.

Lifetime Bans for Domestic Violence Convictions

Under federal law, persons convicted of a domestic violence offense are banned from owning a firearm. Until the passage of Assembly Bill 3129, California law has imposed a far shorter ban of 10 years for defendants convicted of a domestic violence misdemeanor. Now, California imposes the same lifetime ban as the federal government for anyone convicted of this type of crime.

While this consequence may seem harsh, there is a sound basis for it in research. According to a study in the American Journal of Public Health, the presence of a gun in domestic violence situations increases the risk of homicide by 500%. Given this reality, a lifetime ban on gun ownership for anyone convicted of a crime of domestic violence made sense to the California Legislature.

However, it does raise the stakes considerably if you are charged with domestic violence — making it all the more important to contact an experienced Glendale criminal defense attorney to defend against the charge.

Lifetime Bans for Mental Health Issues

In addition to lifetime bans for those convicted of domestic violence crimes, a new California law would expand lifetime bans for people with mental health disorders. Under current California law, a person admitted to a designated mental health facility for posing a danger to self or others (known as an involuntary psychiatric hold) is barred from possessing a gun for a period of 5 years following release. Assembly Bill 1968 changes this law so that anyone placed on an involuntary hold twice in one year may face a lifetime ban on owning firearms.

While this bill may seem draconian, there is a potential way to have this ban lifted. A person subject to a ban under this law can petition the court and have their Second Amendment rights restored by proving that they intend to own and use a firearm in a “safe and lawful manner.”

Additional Requirements for Concealed Carry Weapons Permits

The final law of this four-bill package would add to the requirements for obtaining a concealed carry permit in the state of California. Currently, to obtain a Carry Concealed Weapon (CCW) permit, a person must comply with the laws of the city and county in which they reside. Here in Los Angeles County, the CCW license requires a general training course, possible psychological testing and proof of good moral character.

Under Assembly Bill 2103, all applicants for a CCW permit must receive at least 8 hours of specialized training on firearm safety, handling and technique. In addition, applicants must pass a live-fire shooting test on a firing range. These requirements are in addition to any local qualifications for a CCW permit.

Work with a Skilled Glendale Criminal Defense Attorney

California continues to lead the country when it comes to restrictive gun control laws. While these measures may help to keep our communities safer, they may also infringe on individual rights. This is particularly true if your constitutional rights are impacted based on a conviction for a crime that you may not have committed.

Having a seasoned Glendale criminal defense attorney to represent you can make the difference in protecting both your rights and your freedom. Attorney Rana Parsanj has substantial experience as both a public defender and a private criminal defense attorney. He has dedicated his career to defending people accused of crimes. Contact the Parsanj Law Group today at 818-698-6680.