Community Service In Your Case

Top Torrance Criminal Lawyer

Matthew Ruff, Torrance Criminal Defense Attorney

In some cases community service may be an option to help resolve a criminal case.  The idea behind this type of disposition is that you perform volunteer work for a charity or non-profit and you are given credit for this work as a form of punishment in your case.  The great thing about this type of outcome is that it helps the community by getting free labor and it also helps the person by having a feeling of “giving back”, which is what everyone should do in their daily lives.

Matthew has been able to negotiate cases using community service hours as a form of “currency “ with the Court and Prosecutors.  If Matt asks you to perform community service it means he believes it will result in a favorable outcome in your case, either in the form of a reduction of charges or a tool that can be used to the dismissal of charges in a criminal case.

Understand that there are two types of community service.  The first is Court Ordered Community Service which is ordered by a Judge as a condition to probation or other Court imposed sentence.  This type of service is very formal and often supervised and monitored by either a probation officer or “Volunteer Center” which is overseen by the Court or Judicial System.

The second type of community service is informal and not ordered by the Court but used as a way to convince the prosecutor or District Attorney that you deserve a favorable disposition because you are doing it on your own without compulsion.  This type of service is not overseen by anyone and requires extra effort on your part to document your volunteer work.  For this type of Community Service follow the following guidelines to get the proper documentation of your hours so that it can be presented in your Case:

  1. Find a suitable charitable organization that will qualify as acceptable community service such as a nationally recognized non-profit (SPCA, Habitat for Humanity, United Way, etc.).
  2. Make sure ahead of time that whoever you choose to work for can document your hours in the form of a letter, on official letterhead using the following format: The day of the week you worked; The number of hours you worked on that given day; The total number of hours you worked (1 day equals 8 hours); Lastly, the letter needs to be signed by someone in apparent authority with a contact number in case the hours need to be verified.

Once you have the letter you can send it to the attorney via email or fax.

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Catalina Island Criminal Defense Attorney

Catalina Criminal Defense Attorney

Catalina Island Criminal Defense Lawyer

Catalina Island is part of the Channel Island Chain off the coast of California.  The Island is the most populated of all the islands and boasts a heavy tourist season in the summer months.  Most folks arrive on the island via boat from Long Beach, San Pedro or Dana Point.  The main boat service is the “Catalina Express “ that operates back and forth shuttling passengers and their gear all year round.

Avalon is the city most people travel to, although Twin Harbors is also a frequent destination that caters to hikers and campers.  The local Court that services the island is located in Avalon  at 215 Sumner Avenue, Avalon CA 90704.

Catalina Court

Catalina Court in Avalon

If you were arrested on the island of Catalina you would be required to appear in the Court on Sumner Avenue at a future date for an arraignment.  An arraignment is a time to enter a plea of guilty or not guilty, it is not a time to present evidence or witness testimony so the arresting officer will not be required to attend.  In most cases, a local lawyer can appear on your behalf to enter a plea and obtain relevant police reports and evidence called “discovery”.

Matthew Ruff is a local Catalina Island Criminal Defense Attorney with 25 years experience defending clients charged with crimes on the island.  Some of the most frequent offenses are public intoxication, drug possession, domestic violence, fishing violations, DUI, including Driving under the Influence while in a golf cart.  Surprisingly, California law defines a golf cart as a motor vehicle and therefore treats the offense the same as being in a car.  Top Tier DUI Lawyer, Matthew Ruff can immediately stop the license suspension that stems from a Catalina DUI arrest and fight the case using innovative approaches he has developed over his 25 year career span.

Among the other common cases Matt sees on the island are domestic violence charges arising out of a night of heavy partying or overuse of alcohol and/or drugs.  As a local criminal defense attorney he can get involved early and try to avoid the case from being prosecuted by reaching out to the DA in advance and presenting exculpatory evidence or mitigation factors that are not contained in the police reports.

Avalon Criminal Defense

Criminal Attorney in Avalon California

For anyone looking for a Top Rated Criminal Lawyer that serves Catalina Island, call Matthew directly on his cell at 310-686-1533.  When you hire Matt he believes in providing personal service.  If you were arrested in Avalon you were issued a citation that orders you to appear for an arraignment at a future date, Matt can handle that for you.  Over the last 25 years he has represented countless clients who have never had to go to Court. Our Law Firm boasts the highest dismissal rate and the best success rate in Los Angeles County and statewide.

 

 

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New 2020 Legislation On Pitchess Motions

Top Torrance Criminal Lawyer

Matthew Ruff, Torrance Criminal Defense Attorney

California law allows for the discovery of acts of misconduct on the part of police officers in a criminal prosecution.  In order to get information about misconduct from an officer’s personnel file the attorney must file what is called a Pitchess Motion in Court.  The procedures for the filing of a motion were recently amended starting in 2020.

Evidence Code 1043-1046 provides that a Pitchess motion (Pitchess v Superior Court (1974) 11 Cal.3d 531), be filed pursuant to certain time constraints.  The service of the motion must be made on the law enforcement agency that maintains the records. The new law (AB 1600) amends Evidence Code § 1043 to require written notice in criminal cases to be served on the police agency and filed in Court at least 10 court days before the appointed hearing, all oppositions to be filed with the court at least 5 court days before the hearing, and all replies to be filed at least 2 court days before the hearing. AB 1600 also requires proof of service of the notice to be filed no later than 5 court days before the hearing.

Compliance with the procedures is crucial in order for the motion to be heard by the Court.  If the notice is insufficient you can expect the attorney representing the records custodian to object and ask that the hearing not take place.

Here is a summary of the new California laws relating to discovery of police Officer personnel files in criminal cases:

Evid. Code § 1043 (Amended; AB 1600): Time Limitations on Pitchess Motions:
The notice requirements for the filing of a motion to discover peace officer personnel files in criminal cases (i.e., a “Pitchess motion,” per Pitchess v. Superior Court (1974) 11 Cal.3d 531) have been modified as follows:
Filing of the motion; from 16 court days before the hearing to at least 10 days.
Filing of the opposition; at least 10 court days before the hearing.
Filing of a reply brief; at least 2 court days before the hearing.
Upon receipt of a motion for peace officer personnel records, the governmental
agency involved must immediately notify the officer whose records are sought.
See also Code of Civ. Proc. § 1005, making existing notice requirements for a Pitchess motion (at least 16 court days before the hearing), applicable only in civil cases.

If you or someone you know is facing criminal charges in Torrance Court or any other Court in Los Angeles County call Top Rated Torrance Criminal Defense Lawyer Matthew Ruff at 310-527-4100.

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Does a Dismissal of Domestic Violence Charges Result in Termination of Protective Order?

Domestic Violence Protective Order

Domestic Violence Protective Order Termination

In a Domestic Violence Criminal Case the Court will issue a protective order to keep the peace while the case is pending.  That order can be either a level 1 or a level 2 order.  The level 1 is a full stay away order, the latter is a modified order that allows peaceful contact with the alleged victim.  The question that is discussed today is if the criminal charges are dismissed does the underlying order of protection get automatically terminated?  The answer is no.

If charges are dropped in Criminal Court or the client is acquitted the defense attorney must ask the Court to terminate the underlying order and have the District Attorney fill out a Judicial Council form CR-165.  This document must be filed with the Court and the clerk must enter it into the record.  Thereafter, the California Database that stores the information (CLETS) must be informed that the order was terminated.  Failure to do so could result in the client being arrested or being denied the ability to purchase or possess a firearm.

Top Tier Domestic Violence Attorney Matthew Ruff has a track record of getting baseless charges dropped and terminating the underlying protective order in many cases.  If you or someone you love is facing DV charges in Los Angeles County, call Matthew for a free one on one consultation.  Matt can be reached on his cell phone at 310-686-1533.

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Does a Police Officer Shining a Spotlight Constitute a Detention?

Top Torrance Criminal Lawyer

Matthew Ruff, Torrance Criminal Defense Attorney

California law allows a criminal defendant to challenge his or her arrest and any subsequent searches on the ground they were in violation of the person’s 4th Amendment Constitutional rights.  In order to invoke fourth amendment protection the individual must have been detained at the time of the alleged illegal action.  Recently the California Appeals Court addressed a recurring question, whether shining a spotlight on a vehicle is in fact detaining the occupants of the car.

In People v. Kidd (2019) 36 Cal.App.5th 12 the Court held the Defendant was detained without reasonable suspicion where an officer pulled in behind the defendant’s car, which was stopped on the side of a residential street with its fog lights on, and pointed spotlights at the car. In the early hours of the morning, an officer saw a car parked on a residential street with its amber fog lights on. Wanting to see what the two people inside the car were doing, the officer pulled in behind them, pointed his spotlights at their car, and exited his vehicle. As he approached the car, the officer smelled marijuana. After defendant (the driver) indicated he was on probation and there was a gun in the car, the officer searched the car and found contraband. Defendant was charged with several felony offenses, but the trial court granted defendant’s motion to set aside the information and all charges were dismissed. The People appealed.

The Court ruled an encounter between a law enforcement officer and a defendant is a detention if, under the totality of the circumstances, a reasonable person in the defendant’s position would not feel free to leave. The Court determined in this case that Kidd was detained when the officer pulled in behind Kidd and trained the spotlights on Kidd’s car. Although the officer did not turn on his colored emergency lights, motorists are trained to immediately yield when a police car pulls in behind them and turns its lights on. A reasonable person in this situation would expect that if he drove off, the officer would respond by pursuing him with the siren activated, and the fact that the officer immediately got out of the car and started to approach Kidd removed any ambiguity about whether it was a detention. The detention was unjustified because the officer did not have reasonable articulable suspicion Kidd committed or was about to commit a crime. It is not illegal for a parked car to use fog lamps without headlamps and, by his own admission, the officer did not observe any wrongdoing. Although there was no indication of bad faith, the officer’s detention of Kidd in the absence of reasonable suspicion was deliberate, warranting suppression of the evidence. Thanks CCAP.

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What is a Serna Motion?

Top Torrance Criminal Lawyer

Matthew Ruff, Torrance Criminal Defense Attorney

 

Here is the scenario:  A person is arrested, they are released either on bail or with an O.R. citation and given a future Court date to appear and answer to the charges.  However, the person fails to appear and a warrant is issued for their arrest.  A long period of time goes by, more than one year, and they want to clear up the matter by getting the warrant recalled.  One possible option the person has is to file what is called a Serna Motion in order to get the charges dismissed.

A Serna Motion is a request to to the Court to dismiss the case based on the delay of the prosecution to pursue the charges and pursue the case in a speedy manner.  The motion is sometimes referred to as a “Speedy Trial Motion” because the Prosecutor has denied the defendant of his right to a speedy and expeditious trial.  One of the factors the Court considers is whether the defendant willfully failed to appear, thereby contributing to the delay.  While a failure to appear is a significant factor, it in and of itself is not enough to deny the motion.

Another consideration is what prejudice the delay has caused the defendant.  In other words, how much has the delay or passage of time caused damage to any defenses the defendant can present.  One form of prejudice is the inability of witnesses to remember the event in question.  Lack of recollection can be a huge form of prejudice to the accused.  Also, evidence may have been lost or destroyed which can prejudice the case.

In California prejudice is presumed if the delay in getting the case to trial exceeds one year.  This means the defendant does not need to present evidence of prejudice if the age of the case is greater than 12 months.

How long does it take to have a Serna Motion heard by the Court?  It’s best to file a Serna motion at the arraignment or soonest possible time thereafter.  The Defense must serve the District Attorney or Prosecutor at least 10 Court days prior to the hearing.

What if the Judge grants the Serna Motion?  If the motion is granted the case is dismissed and cannot be refiled, the case is over and the defendant’s criminal record stays clean.

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Do I Need A Hit and Run Attorney?

Top Hit and Run Criminal Lawyer

Matthew Ruff, Top Rated Hit and Run Defense Attorney

If you were involved in a hit and run there are many things you need to know.  First, the crime of leaving the scene after an accident is defined in California Vehicle Code 20001.  The offense is committed when you or someone else leaves an accident without exchanging information with the other party, or if no other party is around, leaving a note and immediately reporting the incident to law enforcement.  Yes, it is not enough to simply leave your contact information with the other car, you must also contact the police if the incident occurred in Los Angeles City or CHP if the collision took place in a County area.

What if you flee but later want to go to the Police and report the accident?  Unfortunately, the crime occurs when you run and do not immediately report. Showing up the next morning or hours later could still result in your arrest.

What can an experienced attorney do to help? Most importantly having an attorney means you do not have to speak to the police.  In this country a person is entitled to be represented by a lawyer and not speak to the police if he or she chooses.  If you retain a lawyer he can act on your behalf and avoid incriminating statements being made that can be used against you in Court.  Matthew has successfully resolved over 98 percent of hit and run cases if he is retained at an early stage.

What if the damage is slight?  Any contact with another vehicle or property of any kind requires that information be exchanged.  In today’s digital age there are cameras everywhere and there is a good chance the incident was captured on video.  The first thing the police do when responding to a hit and run is check to see if there are any surveillance cameras.  Nowadays, Ring cameras are on almost every home.

In one recent case Matthew handled the client was tracked down with Ring footage.  If you are involved in a accident where you left the scene Matt can help.  Having an experienced attorney on your side early can mean the difference between criminal charges or the case being handled on a civil level.

Call Matthew today at 310-527-4100 or visit his website Hit and Run Attorney

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