Los angeles ada defense attorneys

Los Angeles Criminal Defense Lawyer

Being charged with a crime in California can be a daunting experience. Often, serious legal troubles come with high stakes for those involved. If you or someone you know has been convicted of a crime in the Los Angeles area, it’s crucial to have an experienced criminal defense attorney who will vigorously fight for you during this process.

Here at Stein and Markus Law, we relentlessly advocate for justice in all cases, helping fight for our clients’ rights every day. We are trusted criminal defense attorneys in Los Angeles who can help you navigate the often-difficult legal proceedings of a criminal case. With decades of experience, we have worked on hundreds of successful criminal defense cases, ranging from misdemeanors to felonies, in the Los Angeles area.

What is the Difference Between a Lawyer and a Criminal Defense Attorney?

A lawyer is an individual who practices general law, meaning that they are not only knowledgeable about how the law works, but they can also have a variety of responsibilities within the legal system. Lawyers’ duties can range from representing a plaintiff or defendant in court to giving legal advice to those in need. A general practicing lawyer doesn’t handle crime cases, as they are more focused on the civil aspects of the law instead. Lawyers can also choose to focus on different areas of the law as well.

One of the areas of the law that many lawyers choose to focus on is criminal law. A criminal defense attorney, also referred to as a criminal lawyer, exclusively practices criminal law and handles cases that deal with crimes. As defense attorneys, this means that we specifically represent clients accused of crimes and that we are extremely experienced in this field of law.

What Does a Criminal Defense Attorney Do?

A criminal defense attorney’s job is exactly what it sounds like—to defend people who are facing criminal charges or who have been convicted of a crime. It is the defense lawyer’s job to represent and advocate for their client throughout all legal proceedings, including bail hearings, interrogations, and every court hearing when the case finally goes to trial. A criminal defense lawyer represents the defendant’s side of the story while defending them against the prosecution. A defense attorney can be either privately hired or appointed by the court, but the defendant always has the constitutional right to legal counsel when facing criminal charges. Criminal defense attorneys have a multitude of duties to perform when handling a criminal case, including:

Analyzing the prosecution’s evidence
Getting the defendant’s side of the story
Representing the defendant in court
Forming plea deals when possible
Interviewing and cross-examining the witnesses

Beyond these core responsibilities, it's vital for a criminal defense attorney to conduct thorough investigations, gather substantial evidence in favor of the defendant, and develop comprehensive defense strategies. The ability to negotiate with prosecutors for lesser charges or more lenient sentences is another crucial element of their role, offering clients a better chance of a favorable outcome. Furthermore, a competent attorney stays informed about any changes in criminal law to ensure they provide the most up-to-date defense strategies.

When Your Future is at Stake

At Stein & Markus, we will employ a comprehensive and aggressive strategy to successfully defend you. Call today to schedule your complimentary consultation.

Our Services

Cases We Handle

Practice Areas in Criminal Law

Our specialized criminal defense attorneys can represent you in a variety of different kinds of cases that deal with crimes in the state of California. Stein and Markus are some of Los Angeles’ finest criminal lawyers and are experienced in all of the following areas:

Theft and Fraud Crimes

Theft is a crime that can have a wide range of differing characterizations and punishments. Many people are unaware of how the crime of theft is characterized in California. The two main types of theft identified by the law are petty theft and grand theft, but these crimes can also be broken down into categories like robbery, burglary, and fraud.

Theft is defined as the act of taking something without authorization from the person or entity (such as a business) who owns the item in question, and it is usually categorized by the value of what was stolen. In the state of California, if the value of the property stolen is over $950, it is considered grand theft and can result in serious charges. If it is under $950, then it is considered petty theft, which holds much less severe consequences, such as fines. Though there are some things, like cars or certain animals, that are considered grand theft automatically.

Someone charged with fraud, on the other hand, has to have either committed some sort of act where they received benefits that they did not deserve, impersonated another individual in order to steal money/information, or caused loss or harm to another individual by intentionally misleading them. Fraud is usually motivated by financial aspects but, in some cases, can be a federal offense.

That’s why having a defense attorney you can trust to represent you through a theft or fraud case is so important, as the consequences could be serious.

Homicide & Murder

Being charged with homicide or murder can result in serious charges, and wrongful accusations of homicide or murder can massively impact an individual’s life. The state of California has different “levels” of murder that guide the prosecution in decisions such as sentencing. The different levels of murder in California range from:

Capital Murder/Murder with Special Circumstances

This is essentially first-degree murder with ‘special circumstances’ that make the case more serious. The circumstances in the situation refer to the details around the case and what may have led the individual to murder. These circumstances can include, for example, murdering a witness specifically so that they cannot testify in a trial. Being charged with capital murder is the most severe murder charge an individual can receive in the state of California.

First-Degree Murder

The California Penal Code defines murder as the deliberate, premeditated killing of an individual; torturing, poisoning, killing someone with a destructive device; or felony murder.

Felony Murder

Felony murder is what an individual may be charged with if they killed someone in the process of committing a crime, for example, during a robbery.

Second-Degree Murder

Second-degree murder is a more common charge. An individual may be convicted of second-degree murder if they killed someone but did not premeditate the crime. Many of these murder cases are referred to as “crimes of passion,” because they happen in the heat of the moment and the defendant may not have thought it through at the time.

Watson Murder

A Watson Murder is a specific type of murder recognized in California, in which a person can be charged with second-degree murder if they kill someone while driving drunk (or under the influence of alcohol or drugs). In these cases, the prosecution’s main task is to prove that the defendant acted with implied malice. If your attorney can make a solid argument that you didn’t understand the dangers of driving under the influence, you may be able to avoid the harshest possible outcome. A history of DUIs, however, is one sure way to ruin those chances.

The gravity of being charged with murder or homicide requires a thorough understanding of the intricacies involved in these charges. It's important to recognize the role of psychological evaluations, forensic evidence analysis, and character witnesses in forming a solid defense strategy. A competent defense also involves managing media attention and minimizing the potential prejudicial impact it might have on trial outcomes.

Manslaughter Charges

Manslaughter is another common charge and often occurs if the case at hand can't fit under any of the other definitions of homicide. There are three primary kinds of manslaughter: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter.

Senate Bill 1437 Petitions

Senate Bill 1437 was signed into law in 2018, changing the way the state of California prosecutes those who are accused of felony murder. This bill affects the current sentences of many convicted criminals across the state. The main aspects of SB 1437 are:

A murder can only be prosecuted as a felony if there was intent to kill.
Defendants can no longer be convicted of natural or probable consequence murder.
The new law is retroactive, so people convicted under the old law can petition their cases.

If you believe your sentence could be affected by SB 1437, our criminal lawyers can help you petition to help reduce or even end your sentence.

Weapons Violations in Los Angeles

California is a state with tighter regulations on gun and weapon laws, meaning there are a variety of different charges that can result in serious consequences, including:

Illegal possession of firearms
Carrying a concealed weapon
Brandishing a firearm
Negligent discharge of a gun
Using a firearm while committing a felony
Weapons trafficking
Possessing an unregistered firearm

Some more serious charges of weapons violations can even go to the federal level. Making sure you have a good Los Angeles criminal defense attorney to assess your case and build your defense will help immensely.

Understanding weapon violations requires an in-depth look at both state and federal laws that govern the use, possession, and sale of firearms and other weapons. Defense attorneys must navigate complex legal landscapes, assessing whether clients have exercised their Second Amendment rights legally or have unknowingly violated state-specific restrictions. Negotiating plea deals or striving for case dismissal remains a crucial part of defending clients against such charges.

Federal Crimes Defense

Federal crimes can range from white-collar crimes like tax evasion and securities fraud to more serious offenses like trafficking and terrorism. Due to the severe nature of federal charges and the resources the federal government can allocate, having adept legal representation is crucial. An attorney must not only understand federal statutes but also have the ability to communicate effectively with federal prosecutors and judges. Crafting a defense strategy might involve examining wiretaps, reevaluating evidence collected by federal agencies, and even collaborating with experts in various fields to counteract the sophisticated prosecution mechanisms often used in these cases.

Defending Your Rights Against RICO Charges

One complex area of federal crime involves charges under the Racketeer Influenced and Corrupt Organizations (RICO) Act. RICO charges are serious, as they can include allegations of running a criminal enterprise engaged in a pattern of illicit activities like drug trafficking, money laundering, and fraud. The implications of such charges can be long-lasting and extensive. A strong defense might involve analyzing the definitions and scope of the alleged enterprise, challenging the continuity and relationship of the predicate acts, and assessing any entrapment issues that might have arisen during the investigation. Effective legal representation is paramount to dissect the prosecution's narrative and dismantle the linkage perceived between the defendant and an alleged criminal organization.

The majority of criminal cases are handled at the local and state judicial levels, but sometimes a more severe case will move to the federal level of jurisdiction for appropriate sentencing. Federal crime cases often have different regulations and laws than your local or state courts and require knowledgeable legal counsel to help defend you throughout the case. A federal crime often has a more intense investigation into the surroundings of the act as well as everyone who may have been involved. Being charged with a federal crime can also result in harsher sentences due to the severity of the actions.

Understanding federal crimes is crucial, as they often encompass a wide range of charges including drug trafficking, money laundering, and terrorism-related offenses. Defense attorneys dealing with federal cases must have a keen understanding of federal statutes, procedural rules, and the complexities of dealing with federal agencies like the FBI or DEA. This makes early intervention in the investigative phase crucial, allowing the defense team to negotiate or challenge evidence effectively. Successful federal defense often hinges on a strategic approach combining a thorough understanding of federal laws, skillful plea negotiations, and robust court representation.

Domestic Violence and Legal Defense in Los Angeles

Domestic violence in California is defined as committing abuse against your partner, whether intentionally or through recklessness. Accusations of domestic violence will not be taken lightly in court, which is why you should always have a trusted attorney to represent you. Domestic violence includes domestic battery, child abuse, elder abuse, and more. California law also notes that domestic violence includes violating a protective order or stalking someone.

Navigating a domestic violence charge requires understanding the nuances of California's family and criminal law intersections. Given the potential for lasting impacts on family dynamics and child custody, having a defense that considers both legal and personal circumstances is vital. Attorneys must diligently gather evidence, including eyewitness testimonies, digital communications, and medical records to build a strong defense. Additionally, they should focus on promoting anger management programs and counseling as potential mitigatory steps both during and post-trial.

DUI Defense Strategies in Los Angeles

At Stein and Markus, we have handled many different kinds of DUI cases successfully. An individual can face a charge of driving under the influence if they were driving a vehicle when intoxicated over the legal limit of alcohol or drugs. We know that sometimes, people just make the wrong decisions, and that’s why we defend Los Angeles residents who are facing a DUI charge. There are multiple kinds of DUIs in California:

First Offense DUI
Second Offense DUI
Third/Multiple DUI
Underage DUI
DUI Resulting in Accidents/Injuries
DUI Related to Drugs
Watson Murder

Effective DUI defense requires a comprehensive understanding of California's DUI laws and a detailed analysis of the circumstances surrounding a person's arrest. A skilled attorney evaluates the legality of traffic stops, the accuracy of breathalyzer tests, and the credibility of field sobriety tests. Exploring options such as reduction of charges, challenging evidence validity, or seeking alternative sentencing can significantly alter the outcome. The first steps after being arrested for a DUI can greatly impact the resolution of a case, including requesting a DMV hearing within ten days to challenge license suspension.

Computer & Internet Crimes

Computer crimes, also commonly referred to as cyber crimes or internet crimes, can often be complex cases due to the level of technology that is involved. California law identifies multiple different kinds of cyber crimes, including:

Hacking
Phishing
Identity Theft
Taking/Copying Internet Data
Online harassment, Cyber bullying, Cyber stalking
Online solicitation of minor and related sex crimes
Bank Fraud

Cyber crime cases can often go to the federal level—another reason it is vital to have a defense attorney that will fully investigate your side and the laws regarding any charges you may face.

The dynamic nature of cybercrime means that laws are constantly evolving, necessitating that defense attorneys stay abreast of the latest developments in technology and cybersecurity legislation. Defending against such charges often involves deep dives into digital forensics, the scrutiny of evidence collection methods, and challenging the chain of custody for digital evidence. The unique characteristics of internet anonymity and technical evidence make this domain particularly challenging and require a strategically crafted defense.

Expungement & Sealing Records

Expungement is the legal process of removing, or “erasing,” a prior criminal conviction from someone’s record to relieve them of their responsibilities tied to it. This gives many individuals who have served their time a fresh start when they finish their sentences. There are multiple reasons that you may be eligible for expungement, such as finishing your probation completely or, if you didn’t have probation, waiting one full year from the conviction to apply. There are limitations to expungement, though; certain crimes, such as murder and kidnapping, will not be expunged. If you are looking to have a recent criminal conviction expunged in Los Angeles, contact us for more information.

Many people think that expungement is the process of sealing records or that they are interchangeable terms, but that’s not the case. Record sealing focuses on arrests, whereas expungement can dismiss convictions. Sealing your record allows you to be relieved of the arrest, releasing you from any legal obligation to disclose it.

Successfully navigating the expungement process requires understanding the eligibility criteria deeply rooted in California law. It's important to recognize that expungement doesn't fully erase the conviction but instead changes it to a dismissal, removing it from typical reports but not from certain governmental background checks. Similarly, sealing records can significantly impact an individual's ability to secure employment or housing, offering a practical advantage in moving beyond past convictions.

Drug Crimes & Legal Representation in Los Angeles

Drug crimes have been one of the largest causes of arrests in the country for years. A large percentage of people arrested across our nation were convicted for non-violent drug crimes, many even due to addiction. Because of this, there are many complicated aspects that can go into being charged with a drug crime. While California has more lenient sentencing on certain drug-related offenses, there are still some charges that can result in serious sentences. Drug crimes in California include:

Drug Possession
Drug Possession With The Intent To Sell
Selling Drugs / Drug Trafficking
Importing Drugs
Prescription Drug Crimes
Manufacturing, Cultivating, Or Distributing Drugs
Possession Of Illegal Drug Paraphernalia

If you or someone you know has been charged with a drug-related crime in Los Angeles, seeking legal counsel should be a top priority to help you get through this.

The landscape of drug crime defense involves understanding both state and federal drug laws, which can significantly differ in terms of penalties and enforcement. Legal strategies often include challenging the legality of searches and seizures, questioning the legitimacy of evidence, and advocating for rehabilitation over incarceration. With the advancements in legislation and societal views, opportunities for diversion programs or reduced sentences have increased, highlighting the need for skilled advocacy in pursuing available avenues for lenient sentencing or case dismissal.

Defense Against Sex Crimes

In California, a sex crime is any crime of a sexual nature. Sex crimes are serious cases that a prosecution will not take lightly, but there are many contributing factors that go into these cases that will be reviewed. From the matter of the assault to who was involved, all details of the case will be collected in order to prosecute the defendant. Here at Stein and Markus, our attorneys have immense experience in the field of sex crimes and defending those who have been accused of them. On top of that, we know how important privacy is in these situations, especially when someone has been falsely accused. That’s why we work to make sure that our cases stay out of the media.

Defending against sex crime allegations requires a nuanced understanding of both legal and psychological components, as these charges come with severe social stigma. Attorneys must strategically counteract any prejudice and work diligently to safeguard the reputational interests of their clients. The sensitive nature of sex crimes also often involves complex forensic evidence, requiring specialized knowledge in DNA and witness testimony analysis. A tailored defense strategy, focused on protecting the privacy and interests of the accused, is vitally important.

Alternative Sentencing Options

When the defendant and society would both benefit from it, some cases allow for the possibility of alternative sentencing. In California, there are a few different kinds of alternative sentencing options for defendants that may be eligible:

Voluntary house arrest/home detention
Drug/Alcohol Rehab
Fines
Ankle Monitor
Probation
Community Service

There are many different factors that the court will have to take into consideration to decide whether or not you are a good choice for alternative sentencing, such as your previous criminal history or if you may be a flight risk. Alternative sentencing offers a different method of helping offenders rehabilitate, and we can help you pursue it for yourself.

Successful navigation of alternative sentencing requires establishing that the defendant's rehabilitation can be effectively managed outside of traditional incarceration. This often involves demonstrating a commitment to rehabilitation efforts, such as participating in counseling or treatment programs and showing minimal risk to public safety. Working alongside a knowledgeable defense attorney, individuals can present compelling arguments for alternative sentencing arrangements that serve both their interests and the interests of society.

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How to Pick the Best Criminal Defense Attorney for Your Case

When it comes to choosing the criminal defense attorney that is best for you and your case, there are a couple of aspects you should keep in mind:

Experience

Here at Stein and Markus, we know how crucial experience can be when finding a criminal lawyer to help represent your case. Between our attorneys, we have decades upon decades of experience successfully representing clients in a wide range of criminal cases throughout the Los Angeles area.

Reputation

The reputation of the attorney you choose to represent you is also important. You don’t want to choose someone that’s known for having heavily publicized trials or that often loses cases. Instead, you want to choose an attorney with a reputation and experience you can trust. At our law firm, our criminal defense attorneys have years of experience and a glowing reputation. One of our attorneys, Markus, is even a former prosecutor—adding to the insight that helps us represent all different kinds of criminal cases.

Comfort Level

Another large aspect that many people forget to consider in the process of searching for a defense attorney to help them with their case is their level of comfort with their lawyer. If you have a lawyer you feel like you are not able to talk to, there is the possibility of miscommunication, and mistakes can be made because of it. It’s essential to feel comfortable around the attorney that you are working with and trust that they will always act in your best interest.

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Hiring an Experienced Los Angeles Criminal Defense Attorney

Being charged with a crime can result in serious consequences and have high stakes for everyone involved. That’s why it’s crucial to make sure that you have an experienced criminal defense attorney who will fight for you throughout your case.

With decades of experience, our attorneys here at the Law Offices of Stein and Markus are some of the finest criminal defense attorneys in the Los Angeles area. They have worked on hundreds of criminal cases while advocating for the rights of their clients and fighting to uphold justice. Don’t let a criminal conviction take over your life. If you or someone you know has been criminally charged in the Los Angeles Area, contact our attorneys to learn more about how we can represent you today and get the help you need.

Misdemeanors Vs. Felonies

In the state of California, crimes are characterized in three main ways, with the last two being the ones that require legal counsel:

Infractions

Infractions are the lightest of the offenses and are meant to be a slap on the wrist, so they don’t usually require legal representation. Infractions deal with minor offenses, such as speeding tickets.

Misdemeanors

A misdemeanor is the next step up from an infraction, and those facing one should enlist legal help. The punishments that come along with misdemeanors are more serious and can include a maximum of one year of jail time, which is why the defendant will want to make sure they have an attorney to represent them throughout their proceedings.

Felonies

Felonies are the most serious charges that a defendant can receive and have the most severe consequences, such as serving anywhere from just over a year to a life sentence in prison. Felonies include cases such as murder, manslaughter, and DUIs that cause serious harm to others.

Understanding the distinctions among these categories is important when determining the potential ramifications of a charge. While infractions are often managed with minimal legal involvement, misdemeanors and felonies require robust legal defense due to their potential to substantially impact one's future. Proper representation can significantly influence the outcome of these cases, underlining the importance of experienced legal advocacy from the outset.

California’s “Three Strikes” Law

Every state has different legislation in place for how varying crimes are prosecuted. In California, there are some laws specific to the state that you and your defense attorneys should know about. One law in the California Penal Code that can cause many difficulties in a case is the “Three Strikes” Law. This legislation gives the state the authority to give a sentence of 25-to-life to a defendant that has been charged with three violent or serious crimes in California.

Understanding the implications of the “Three Strikes” Law is critical, as it significantly elevates the stakes for those with previous serious or violent felony convictions. Engaging legal counsel who can explore the nuances of this law, identify opportunities for sentencing mitigation, and present options for appeal or retrial is essential when navigating cases impacted by this legislation. Early legal intervention is often key to managing risks associated with this severe sentencing structure.

When Should You Hire a Criminal Defense Attorney?

Being accused of a crime can be daunting, making most people unsure of what to do when they find themselves in the situation. Hiring a criminal defense attorney should be one of the first actions you take when accused of a crime in California. Every person has the right to legal counsel, allowing you to choose your own criminal defense attorney if you desire. By hiring a criminal lawyer, you can receive help figuring out the legal aspects of your situation and fighting for the best possible outcome.

Engaging with a defense attorney at the earliest stages of a criminal charge can greatly influence the trajectory of the legal proceedings. From advising on interactions with law enforcement to building a preliminary defense strategy, early involvement ensures all actions taken are strategically aligned with achieving the most favorable outcome. Proactive legal representation is invaluable in ensuring your rights are upheld and defenses are comprehensively prepared.

FAQs About Criminal Defense in Los Angeles

What Are My Rights If I Am Arrested in Los Angeles?

Understanding your rights upon arrest is crucial for ensuring fair treatment under the law. In Los Angeles, as throughout the United States, you have the right to remain silent and not incriminate yourself, as affirmed by the Miranda warning. You also have the right to an attorney, and if you cannot afford one, the state is required to provide legal representation for you. It's imperative to exercise these rights and request legal counsel immediately. Anything you say can be used against you in court, so remaining silent until you have an attorney present is often advised. Additionally, you have the right to know the charges against you and to a fair trial.

How Can a Criminal Defense Lawyer Help Me?

A criminal defense lawyer is your advocate in the legal system who provides guidance through complex legal procedures. They can help by analyzing your case for constitutional violations, such as unlawful searches or coerced confessions, and identify defenses or weaknesses in the prosecution's case. Lawyers guide you through the plea bargaining process, provide representation during trials, and can negotiate sentences or explore alternative sentencing options. Their goal is to reduce the potential penalties you face and protect your legal rights at every stage of the prosecution.

Are There Any Recent Changes in California’s Criminal Laws?

California's criminal laws are constantly evolving, with recent reforms focusing on reducing mass incarceration and extending protections for defendants. Notably, Proposition 47 reclassified several nonviolent offenses from felonies to misdemeanors, reducing penalties. Similarly, Senate Bill 1437 redefined felony murder laws to limit convictions based solely on the foreseeability of death. Such changes aim to create fair sentencing structures and reduce overcrowding in prisons. Keeping informed about these changes is important as they can significantly impact current and future cases.

What Advantages Does Local Experience Bring to My Defense?

Local experience is invaluable because it allows attorneys to strategize defenses based on a nuanced understanding of local courts and prosecutors. An attorney’s familiarity with the nuances of local procedures, rules, and personnel can lead to more effective defense strategies and negotiation efforts. They may also hold relationships with local investigators and experts, which can bolster case outcomes. Having a lawyer who understands local trends in jury decisions and judicial inclinations can be a strategic asset, guiding how your defense is shaped and presented. Being well-versed in Los Angeles’ unique legal environment fosters a more tailored defense process.

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