Two Los Angeles Deputy Sheriffs Charged with Beating Handcuffed Jail Inmate

On Friday, February 7, 2014, federal prosecutors charged two deputies from the Los Angeles County Sheriff’s Department with violating the civil rights of an inmate who was being held at the Men’s Central Jail.  The Deputies are alleged to have assaulted a handcuffed inmate, and then submitted a false report in order to cover it up.  The Los Angeles Times has an article about the case here:

http://www.latimes.com/local/la-me-deputies-indicted-20140208,0,1977563.story#axzz2skbQXYo2

If you or someone you know is facing misdemeanor or felony charges, call the criminal defense attorneys at The X-Law Group at 213-599-3380.  The X-Law Group offers free consultations and affordable payment plans, and handles cases throughout Southern California.

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Possession of Alcohol by Minors – California Bus. and Prof. Code Section 25662

If you are under the age of 21 and are found to be in possession of alcohol, you could face misdemeanor charges under California Business and Professions Code section 25662. Business and Professions Code section 25662 states that it is a misdemeanor for any person under the age of 21 to possess alcohol in a public place, a place open to the public, or on any street or highway.

Although the offense is punishable only by a fine or community service, a criminal conviction can have consequences beyond the courtroom. For example, because Business and Professions Code section 25662 is a misdemeanor, any conviction for public possession of alcohol by a minor will show up on the person’s criminal history printout. Additionally, any minor found in violation of this law will have their driver’s license suspended for one year by the California Department of Motor Vehicles (DMV), or if the minor does not yet have a license the DMV may delay the minor’s ability to obtain one.

The law provides certain exceptions which state that a person is not guilty of underage possession of alcohol under Business and Professions Code section 25662 if he/she did so in pursuance of his/her employment or was making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative or legal guardian.

If you or someone you know has been charged with underage possession of alcohol, the knowledgeable attorneys at The X-Law Group, P.C. can represent you in court and at any DMV hearing regarding your driver’s license. If you have any questions or would like more information, please do not hesitate to contact The X-law Group, P.C. at 1-888-55-xlawx. You may also visit our website at http://www.thexlawgroup.com. We look forward to helping you.

Governor Jerry Brown signs ban on open-carry of handguns

Governor Jerry Brown recently signed a law banning the open-carry of handguns in the State of California.  This new law will take effect on January 1, 2012.  Currently, it is lawful for citizens to open-carry their handguns so long as the handgun chamber is empty, no magazine is inserted, and the handgun is holstered and visible to the public. Once the new law goes into effect on January 1st, it will be unlawful to open-carry a handgun and any person violating the law could be charged with a misdemeanor. A conviction for violating the ban on open-carry could result in six months incarceration and/or up to a $1,000 fine. The law will not apply to law enforcement, people authorized to carry loaded weapons, and people selling unloaded weapons at gun shows.

In addition to the signing of this bill, Governor Brown also signed a bill requiring the state to keep records on the sale of long guns, including rifles and shotguns. Currently, the law requires the state Department of Justice to keep records of handgun sales only. When the new law goes into effect on January 2014, rifle sales will be recorded in the same manner that gun sales are currently recorded by the Department of Justice.

If you or someone you know is facing criminal charges and would like to speak to an attorney about the case, please do not hesitate to call The X-Law Group, P.C. The attorneys at The X-Law Group, P.C. handle criminal defense matters in all of Southern California, including Los Angeles, Orange, San Diego, Ventura, Riverside and San Bernardino counties. We offer free consultations and affordable payment plans. Give us a call at 213-223-2232 and visit our website at http://www.thexlawgroup.com/. We look forward to helping you.

I have been charged with petty theft in California — Am I eligible for a dismissal?

If you have been charged with misdemeanor petty theft in California, you may able to get your case dismissed if you can convince the retailer to agree to a civil compromise under California Penal Code sections 1377/1378.  The civil compromise must be approved by the judge, who has the power to reject any such compromise.  If you have questions about whether you are potentially eligible for a civil compromise dismissal, you should contact a criminal defense attorney.

If you do qualify and the retailer agrees to the compromise, it must be shown to the judge that you have paid all costs incurred by the victim as a result of the offense.  You must also present evidence in court that the retailer has agreed to a civil compromise of the theft.  The judge has discretion to either reject or accept any such compromise.

Although it may be tempting to try to negotiate a civil compromise on your own behalf without the assistance of a criminal defense attorney, this is not a good idea.  Any statements you make to the retailer can be used against you in court because those statements are not protected by any privilege.  This makes it even more important to hire a criminal defense attorney to help you with your potential civil compromise.  Further, although the statute does not give the prosecutor the ability to contest the dismissal, if your lawyer can get the District Attorney on board with the compromise the judge may be more willing to agree to the dismissal.

If you or a loved one is facing a misdemeanor petty theft charge, it is imperative that you have a criminal defense attorney review your case to see if you are eligible for a Penal Code 1377/1378 dismissal.  The attorneys at the X-Law Group, P.C. handle petty theft and other cases in all of Southern California, including Los Angeles, Orange, San Diego, Ventura, Riverside and San Bernardino counties. If you would like more information on civil compromise dismissals, please do not hesitate to contact us.  We offer free consultations and affordable payment plans.  Give us a call at 213-223-2232 and visit our website at http://www.thexlawgroup.com/.