Category: General Arrest Information

Immigration Courts

Criminal convictions can drastically affect immigration status for non-American citizens or for lawful permanent residents (LPR). The forms of criminal behavior can range from the most severe aggravated felonies to basic traffic infractions. Moreover, the penalties for non-American citizens can include deportation, jail time, and fines. The long-term impact for minor crimes can result in catastrophic outcomes for those convicted.


In most cases after a conviction, the individual serves time in jail. Following the jail sentence, Immigration and Customs Enforcement (ICE ) agents take the LPR to immigration court.


While the criminal consequences for a conviction can cause extreme hardship for the defendant, LPR’s also face the possibility of deportation.


The immigration court system does not follow the same protocol as the criminal court system, and does not need to adhere to the same standards. Because immigration court is included under the executive branch of the government, those protocols and standards often shift with each president’s political leanings.


To effectively defend themselves against deportation resulting from a criminal conviction, accused individuals must educate themselves and hire skilled criminal defense attorneys to stop the problem before it starts.


diverse hands over an american flag


Aggravated Felonies


For most criminal convictions, LPRs do not face deportation. However, aggravated felonies can result in deportation if the defendant also loses the deportation case in immigration court.


Defense Attorney Darren Kavinoky explains aggravated felonies as follows:

“On the immigration front, misdemeanors are usually not a problem… it is ‘aggravated felonies’ (a felony for which the sentence is more than a year in custody) that will get you deported.  In that scenario, AFTER you serve your time, ICE comes to get you and brings you to the immigration court, where you wait in custody until a judge rubber stamps your deportation order and sends you back to your home country.”



Types of Aggravated Felonies


The Immigrant Legal Resource Center describes the types of offenses qualifying as aggravated felonies as follows:



Aggravated Felony (AF)


This conviction generally has the worst immigration consequences.

The AF definition in 8 USC § 1101(a)(43) includes twenty-one provisions that describe hundreds of offenses, including some misdemeanors. Some, but not all, of these offenses require a sentence of a year or more in order to be an AF. The government considers aggravated felons to be deportable and ineligible to apply for most forms of discretionary relief from deportation, including asylum, voluntary departure, and cancellation of removal, and to be subject to mandatory detention without bond. A conviction for illegal reentry after removal carries a higher federal prison term based on a prior AF conviction,



Crime of Violence (COV)

A COV conviction carries two potential immigration penalties. If it is committed against a person protected under the State’s domestic violence laws, a COV becomes a deportable “crime of domestic violence.” (See paragraph below on the grounds for domestic violence deportation  under 8 USC § 1227(a)(2)(E). If a sentence of a year or more is imposed, a COV falls under the aggravated felony category, regardless of the victim.



Crime Involving Moral Turpitude (CIMT)


Federal immigration case law determines whether an offense involves moral turpitude, not state cases. The State notoriously defines CIMT rather vaguely, and many immigration attorneys subject it to much litigation. It includes crimes that include intent to defraud, intent to cause great bodily injury, and theft with intent to deprive permanently. In also includes some offenses involving lewdness, recklessness, or malice.



Controlled Substance Offense (CS)

A non-citizen becomes deportable and inadmissible if convicted of an offense “relating to” a federally defined controlled substance. The State grants exceptions to deportations, with a possible waiver of inadmissibility, if the conviction relates to a single incident involving simple possession, use, or possession of paraphernalia involving 30 grams or less of marijuana or hashish under H&S C § 11377.



Conviction of a Crime of Domestic Violence, Child Abuse, Neglect or Abandonment, or  Stalking, with a Civil or Criminal Court Finding of Violation of a DV Stay-Away Order or Similar Order


These all trigger deportability under grounds of “domestic violence” under 8 USC § 1227(a)(2)(E). The conviction, or the conduct that violated the protective order, must have occurred after admission and after Sept. 30, 1996. The State considers a crime of domestic violence to be a “crime of violence” against a person protected from the defendant’s acts under state domestic violence laws. If a court finds an individual in violation of a portion of a domestic violence protective order whose purpose is to protect against threats or repeated harassment, that individual becomes deportable. This includes even the most minimal violation of a stay-away order.



Firearms Offenses


A non-citizen becomes deportable under 8 USC § 1227(a)(2)(C) if he or she can be, at any time after admission, convicted of an offense relating to a firearm. Also, the State considers convictions for the sale of firearms, or for certain offenses such as being a felon in possession, as aggravated felonies. However, no California offense that uses the definition of “firearm” under PC § 16520(a) carries these consequences because the California and federal definitions of “firearm” differ.



Crimes against a Minor that Block Family Visa Petitions


If the State convicts any LPR or United States citizen of certain crimes against a minor, the government can prevent him or her from attaining lawful status for an immigrant spouse or child (through filing a “family visa petition.”) The crimes include kidnapping, false imprisonment, offenses involving sexual conduct, or child pornography under the Adam Walsh Act.



Types of Consequences for Aggravated Felony Convictions


For individuals with LPR status, Aggravated felony convictions can lead to a litany of severe consequences as described by the American Immigration Council.



Deportation without a Removal Hearing


The courts provide fewer legal protections to certain non-citizens convicted of an “aggravated felony” than for other immigrants. Any non-LPR immigrant convicted of an “aggravated felony” may be administratively deported from the United States without a formal hearing before an immigration judge. Immigrants in these proceedings lose eligibility for asylum or for any other form of discretionary relief. Immigrants found deportable in this manner may not appeal to the Board of Immigration Appeals (BIA) and can be physically removed two weeks after entry of the order.



Mandatory Unreviewable Detention Following Release from Criminal Custody


The government mandates that ICE authorities detain any immigrant convicted of an “aggravated felony” upon his or her release from criminal custody. In order for ICE to release the detained immigrants, the detained immigrant must demonstrate with substantial likelihood that the crime in question does not qualify as an “aggravated felony.”



Ineligibility for Asylum


Any immigrant convicted of an “aggravated felony” loses eligibility for asylum. The government considers asylum a form of immigration relief available to immigrants who suffer or possess a well-founded fear of persecution in their native country. Immigrants convicted of an “aggravated felony” may also lose eligibility for “withholding of removal,” which the government defines as a similar form of relief for non-citizens whose country of deportation threatens their life or freedom.



Ineligibility for Cancellation of Removal


Any immigrant convicted of an “aggravated felony” loses eligibility for “cancellation of removal” (“cancellation”). Cancellation occurs when immigration judges permit otherwise deportable immigrants to remain in the United States. Immigrants convicted of an “aggravated felony” lose eligibility for cancellation of removal, even if their removal would cause “exceptional and extremely unusual hardship” to an immediate family member who legally resides in the United States.



Ineligibility for Certain Waivers of Inadmissibility


Certain LPRs may not obtain a “waiver of inadmissibility” under Section 212(h) of the Immigration and Nationality Act (INA) if the State convicts them of an “aggravated felony”. A waiver of inadmissibility excuses immigrants for past misconduct that would normally make them ineligible for admission to the United States. Only prospective LPRs whose deportation would cause “extreme hardship” to a U.S. citizen or LPR qualify for waivers of inadmissibility.



Ineligibility for Voluntary Departure


An immigrant convicted of an “aggravated felony” loses eligibility for “voluntary departure.” Voluntary departure allows otherwise deportable immigrants to leave the country of their own accord. These immigrants may leave at their own expense in place of formal deportation under an order of removal.



Permanent Inadmissibility Following Departure from the United States


An immigrant removed from the United States after being convicted of an “aggravated felony” (or who leaves while an order of removal is outstanding) may never reenter the country. To lawfully reenter the United States, such an immigrant must receive a special waiver from the Department of Homeland Security and must meet all other requirements of admissibility.



Enhanced Penalties for Illegally Reentering the United States


If ICE removes an immigrant from the United States following a conviction for an “aggravated felony,” and that same immigrant subsequently reenters the country illegally, he or she may be imprisoned for up to 20 years rather than two years.

hands on prison bars



Understanding Immigration Court


If the State convicts individuals with LPR status of a crime, the defendant may also face deportation in immigration court. The sole purpose of immigration court is to determine whether the State will deport a non-American citizen, or whether the individual may stay in the United States.


Immigration court functions under the United States Department of Justice, which falls under the executive branch of the federal government. However, it is the Attorney General of the United States who ultimately determines the tone and practice of immigration courts.


The United States Department of Justice grants to immigration courts the responsibility for adjudicating immigration cases in the United States. The primary function of immigration courts revolves around removal proceedings.


While immigration courts do handle criminal matters, the government considers them to be civil courts. This is because the only thing that immigration courts decide is whether or not the defendant can stay in the United States. In these courts, the federal government does not need to provide legal representation to defendants who cannot afford a lawyer. The University of Pennsylvania Law Review conducted a study in 2015, and found that only 37% of immigrants attain legal representation. It also found that children from two to 17 years of age routinely represent themselves in immigration court.



Current State of Immigration Courts


In 2016, the New York Times wrote an article describing the current state of immigration courts. The wait times for trials in immigration courts can range from two to five years. Consequently, evidence pertaining to the case becomes stale, and helpful witnesses may leave, forget vital pieces of information, or even die from old age.


The United States only has 58 immigration courts across the lower 48 states. During the last two decades, a surge in immigration from Central America has caused an increase in immigration enforcement. However, due to bureaucratic red tape, the courts cannot hire enough judges fast enough.


Although immigrant courts are dealing with relatively simple issues, the consequences of those issues have had effects greater than anyone could have expected. Basically, the United States deports people who lose immigration court hearings. Period.

Regardless of how the defendant’s life will be impacted, the court abides by the rules.


According to the United Nations, since 2008 there has been a five-fold increase in asylum seekers from Central America’s Northern Triangle, which includes Honduras, Guatemala, and El Salvador. Organized gangs dominate this landscape. According to the U.N., Honduras had the world’s highest murder rate in 2014, with El Salvador and Guatemala close behind.


border patrol agent in the desert


Laura S.


The New Yorker ran an article entitled “When Deportation is A Death Sentence” in its January 2018 issue. The article told of an incident that occurred in June 2009 involving a young woman in Pharr, Texas named Laura S. Pharr, Texas lies directly across border from the Mexican town of Reynosa. The U.S. State Department forbids its employees from venturing out after midnight in this area due to the extreme violence in Reynosa.


Laura fled an abusive husband in Reynosa and began to build a life in Pharr with her daughter from the relationship. A police officer pulled Laura over one night while she was on her way home from her waitress job. When the officer asked to see her license and proof of insurance, she could not provide them. The 22-year-old Laura was living in the U.S. as an undocumented immigrant.


Laura told the officer as she began to cry, “I have a protection order against my ex—please, just let me call my mom and she’ll bring you the paperwork.”

In Mexico, her former husband had reportedly joined a local drug cartel and frequently texted death threats to Laura.


The border patrol agents pressured her into signing “voluntary return” paperwork. After sunrise, she began her walk across the McAllen-Hidalgo International Bridge to Reynosa.


In the final moments before Laura crossed the bridge, she turned to the border patrol agent and said, “When I am found dead, it will be on your conscience.”


the scales of justice


Criminal Charges in Immigration Courts


Laura S. represents how broken the immigration courts have become over the last 20 years. Because the courts take too long to actually hold a hearing, they pass this responsibility on to border patrol agents. While border patrol agents perform a vital function in protecting the U.S. from violent people attempting to enter the country, they are NOT trained and vetted court judges. The outcome of many deportation cases often leads to more extreme consequences than mere removal from the U.S.


All immigrants charged with criminal activity must act quickly and aggressively during the criminal proceedings to ensure the best outcome. Experienced defense attorneys know how to fight criminal charges and obtain the best solution for the defendant.

LA Crime Back on the Rise After 13-Year Decline

For the past 13 years, the level of LA Crime rapidly declined in activity in most criminal categories.

The noticeable decrease includes property crimes such as burglary and auto theft. Surprisingly, it also includes a decline in violent crimes, including rape and homicide. However, 2015 has been a different story.

As we are only halfway through the year, the City of Angels reports a surprising increase in violent and non-violent crime. The blame is widespread. Some blame the homeless population, while others blame Prop 47, but the city’s leaders are now under pressure to account for the spike in LA crime.

A Legal Solution

After the city released the latest Los Angeles Police Department (LAPD) numbers for the first half of 2015, both Mayor Eric Garcetti and Police Chief Charlie Beck have had to come forward with an explanation for the changing tide. Their explanations for the 12.7% increase in crime include gang violence, crime involving the increasing homeless population, and Proposition 47. Prop 47 is last year’s ballot initiative which reduced previous low-level offenses from felonies to misdemeanors, which released hundreds of prisoners convicted of minor drug and theft crimes.

Property crime has risen by more than 10 percent and violent crime jumped over 20%. Despite these numbers, Garcetti and Beck are trying to highlight some new initiatives that they say have shown some results in the past couple months. This includes crime hot spot targeting by the Metropolitan Division, and outreach efforts to gang members. The Gang Reduction and Youth Development program got an extra $5.5 million bump this year to address the increase in gang activity. Last year, gang-related shootings increased 33% in Los Angeles.

Crime is up across the city, not just in the Central Division, but also stretching out to West LA. LAPD’s Central Division, which includes Skid Row, and much of Chinatown and downtown LA, has seen serious assaults rise by more than 80% versus the first half of 2014. Beck has blamed much of this in the increasing homeless population, including homeless on homeless crime. Meanwhile, West LA has seen a jump in property crime, up more than 20% over last year.

On the plus side, homicides were down almost 8%. The West Valley was the only division showing a decrease in violent crime, and the only division with a decrease in property crime was the Mission division of the San Fernando Valley.

Tracking LA Crime

The Los Angeles Times’ “Crime L.A.” website shows maps and reports based on LA County crime reports. This includes mapping 87 LA City neighborhoods, comparing crime levels including property and violent crime statistics, even providing alerts of recent changes in reported crime rates. Their rankings for the past 6 months show the following neighborhoods as topping the per capita rates.

Violent Crimes:

  1. Chesterfield Square;
  2. Harvard Park;
  3. Vermont Vista;
  4. Vermont Knolls; and
  5. Manchester Square.

Property Crimes:

  1. Unincorporated Santa Susana Mountains;
  2. Leimert Park;
  3. Chesterfield Square;
  4. Rancho Dominguez; and
  5. Fairfax.

Unfortunately for other big cities in the United States, the recent increase in crime is not an Angeleno-only experience. Houston, New York City, Baltimore, St. Louis, Cincinnati, and New Orleans have also seen an up-tick in criminal activity over the past 6 months.

Hire Great Defense

Don’t enter into a courtroom battle without support. Call The Kavinoky Law Firm at 1.800.NO.CUFFS for the best defense team available. Call us 24/7 – we don’t sleep – so you can. We staff the best attorneys in California so we can defend your freedom.

Wiping the Slate Clean for California’s Homeless Population

The homeless population in California is a critical concern for state lawmakers. According to the U.S. Department of Housing and Urban Development, California has one of the highest rates of homelessness, with a rate of 367 homeless per 100,000 residents. California accounts for over one-fifth of America’s total homeless population.

LA county saw an increase in the number of people living on the streets over the past couple years. According to the Los Angeles Homeless Services Authority, the homeless population increased at least 12% in two years. Key factors for the rise in homelessness include the lack of affordable housing and the economic climate after the recent recession. Mayor Eric Garcetti has said, “ending homelessness is one of my top priorities as mayor.”

Efforts to Reduce Homelessness

In attempts to discourage people, 58 cities in California enacted laws aimed at the homeless. Los Angeles and San Francisco have some of the most restrictive regulations, against such activities as panhandling, sharing food, or sleeping in a public place.

As a result of the criminalization of homelessness, many transient people receive citations for things like “illegal camping.” These citations come with fines. When the fines are not paid, additional penalties pile up, and a warrant is issued. If caught again, they may face an arrest for the warrant, and possible jail time, as well as a mark on their criminal record. Advocates argue that these citations are a waste of city resources.

Mike Feuer apparently agrees. Feuer, the City Attorney for Los Angeles has announced a new program that would give those with minor citations a clean slate. The $270,000 program would wipe away minor citations and fines if the homeless accept job training, drug and alcohol treatment and perform community service.

Feuer said the program is intended to give the homeless better access to jobs and housing, relieving them of the barriers created by unpaid citations. The tickets and citations would be administratively removed without the need for formal court appearance. The City Attorney’s office will conduct clinics in various locations around Los Angeles County, for the next three years.

Advocacy for California’s Homeless Population

Advocates don’t think the program is enough, and would rather see law enforcement back off from issuing homeless citations in the first place. In effect, saying, homelessness is not a crime. Currently, there are several challenges in court calling the laws unconstitutional. The U.S. 9th Circuit Court of Appeals struck down one Los Angeles municipal code against lodging in a vehicle. The law is now arbitrary and discriminatory against the homeless and the poor.

There have been some high profile cases of heavy fines involving people feeding the homeless in Texas and Florida. One woman in San Antonio received a fine for $2,000 for handing out food on the street. When interviewed, she claims the law infringes on her religious rights. Many California cities have similar bans against sharing food, which may involve offering food to the homeless.

With this in mind, a state program addressing mounting citation debt will go into effect on 10/1. For tickets issued before January 2013, the program would eliminate up to 80% of citation-related fees. The program also reinstates driving privileges related to unpaid infraction debts. However, the state-wide program would only reduce the debts, and does not address post-2013 citations.

Legal Expertise

The Kavinoky Law Firm stays up to date on current legal events so as to best serve you. Our top criminal defense attorneys in Los Angeles make sure to be available 24/7, 365 days a year. Call any time, day or night, our experienced attorneys are standing by to help you with your case. Find a criminal defense attorney in our area – call 1800NOCUFFS.


Throwing Out That Jury Duty Notice Could Get You Arrested

A jury duty notice isn’t the most exciting piece of mail. For some people, it’s downright annoying. With jury duty comes the hassle of taking time off work and going to court, often sitting around for ours only to be told you won’t be needed that day, and can go home. As a result, many people look for ways out of jury duty, while others just don’t bother showing up. However, before you decide to play hooky from jury duty, you should know that failing to appear can result in a warrant for your arrest.

Low Participation in California

A recent report by California Citizens Against Lawsuit Abuse found that jury participation in California’s most populous counties was only about 30%. The report analyzed jury duty participation rates in 15 California counties, including the number of juror summons sent out and the number of jurors that failed to appear from 2012 to 2014. Over 7.5 million jury notices were sent out with 1.5 million people failing to respond.

Alameda County showed the lowest level of juror participation, with a “participation rate” of only about 12%. San Diego County, Ventura County and Los Angeles County were all among those with a participation rate of below 30%. Meanwhile, San Mateo County showed the highest level of juror participation with almost 58%, with Contra Costa County and Riverside County also coming in with more than 56% juror participation.

As a result, the Alameda County Superior Court reports a “failure to appear” rate at 68%. The Chief Public Defender of Alameda County, Brendan Woods calls the American jury system as “still the best system,” but finding a diverse jury reflective of the community can be a problem. Woods cites economics as one factor keeping people from showing up, and suggests having employers pay for jury service would help. Another reasons for low participation may include a mistrust of the court system by some people, especially in minority communities.

Don’t Skip Out on Jury Duty

Under California law, a Failure to Appear notice for skipping out on jury service can result penalties. These penalties include a contempt of court hearing, fines, or even possible imprisonment. Under the California Code of Civil Procedure, a failure to appear can result in a fine of up to $1,000 and up to 5 days in jail. In actuality, most jury dodgers face little punishment.

You Will Not Get a Phone Call

While an arrest for failing to show up for jury duty is possible, you will not get a phone call. Take caution with anyone who calls you to say your arrest is imminent. Your failure to appear does not come with a house call.

There is a particular scam making the rounds right now in California.  It involves threatening people with arrest if they don’t pay jury duty fines. Con artists are calling up people across the country, pretending to be from the Sheriff’s Department. The caller with threaten arrest if they don’t pay a fine over the phone using a pre-paid debit card.

In light of this scam, county courts, including Alameda, warn people to be careful. According to the warning, the court indicates that they never contact people by telephone asking for payment. A failure to appear notice does not carry an immediate financial penalty. Instead, the court will send a Failure to Appear notice by mail. If you ignore the notice, a warrant is issued. You will not get a phone call for a warning. If you receive a call asking for payment for a jury duty fine, contact your county’s Jury Commissioner’s office.

Call The Kavinoky Law Firm

Make sure you have the number of your California DUI defense lawyer on hand. 1.800.No.Cuffs. We staff only the best lawyers in California so we can defend you to the best of our ability. logo

What Happens After I am Arrested?

After an arrest, things move quickly. This can be daunting for many people, especially to the those new to the legal process

So let’s break it down here to make it a little less intimidating.

After an Arrest

  1. The first thing that happens is the booking process.The booking process happens before you can get out of jail and consequently before you can go home. During this time, the police take photos and fingerprints.
  2. The fingerprints then go to Sacramento for the background check. Once the background check is complete, then the case may move forward. Understandably, law enforcement does not want to release people who may have a murder warrant.
  3. At that point there are a few ways toward a release from jail.
    • Take a citation. The police give the defendant a notice to appear in court if it’s a relatively minor offense. The occasion for this to happen depends totally on where your offense took place. A few examples include petty theft, a first offense DUI case, or a traffic violation. They give you something that looks like a ticket ad you promise to appear.
    • Post bail. For a more serious offense, he judge will set bail. Every county is different but every county has a public bail schedule that’s going to list every single crime there is and the amount of presumably reasonable bail that applies.

So at that point its up to the person or their friends and loved ones to either post the cash amount of bail or to use a bail bondsman. And how this plays out is going to be very different depending on which choice somebody makes and that’s probably better reserved for another video.

There is one other opportunity available after an arrest. If they do not post bail or take a citation for release, then they will go court. Generally, this happens in about 48 hours after an arrest. At this point, the judge may simply choose to release them. Next, then the attorneys can argue about whether bail should go up or down in amount.

If the person gets released they are out and they get to fight their case from out of custody. Otherwise they’re going to be in custody and the have to fight their case from inside.

Consult an Attorney

If you’re ever wearing handcuffs call 1-800 No Cuffs and remember if the police want to talk to you – you want to talk to us first. Call us an speak with an experienced criminal defense attorney who will fight to protect your rights.

If you are ever wearing Handcuffs call 1-800 No Cuffs.


Do I Get a Phone Call from Jail?

Yes, you do get a phone call from jail. Watch below to learn more from attorney Darren Kavinoky.

A Phone Call from Jail

Arrest procedures vary state by state and even county by county. The one thing that remains the same in each arrest is that those under arrest do not have a lot of amenities.

Consequently, a person under arrest has just one phone call from jail. This is normally to call a friend or relative let them know that they are in custody.

Sometimes law enforcement officers are little bit more flexible. There are examples here and there where people at the time of their arrest have access to their cell phone. Every once and a while, the arresting officer allows the person under arrest to a call. Generally speaking though, there really are not a lot of the creature comforts of regular life. When you’re under arrest, your life is not nearly as peachy.


An Attorney Will Fight for Your Rights

There are many chances for a person to find themselves under drunk-driving arrest. Perhaps your night went a little longer than you though and you drank more than you anticipated. The point is that a drunk-driving arrest can happen to almost anyone. A phone call from jail is best dialed to a California DUI attorney.

If you’re ever wearing handcuffs call 1800NoCuffs. Remember if the police want to talk to you – you want to talk to us first. Call a DUI attorney at The Kavinoky Law Firm. We employ only the best criminal defense attorneys in Los Angeles.

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or


Evading Law Enforcement

Evading Law Enforcement

Anyone who attempts to avoid arrest or flee a pursuing police vehicle in California can be charged with evading law enforcement. Evading arrest is a serious offense that requires the representation of an expert defense lawyer. The skilled defense attorneys of The Kavinoky Law Firm are experienced in every aspect of California evading arrest laws, and will provide top-notch representation.

A driver convicted of misdemeanor evading law enforcement faces serious consequences, including fines, a driver’s license suspension, and up to six months in jail. If there are no aggravating factors present, such as injuries to someone other than the driver, this offense will likely be charged as a misdemeanor.

Drivers accused of evading arrest often face other charges. If alcohol and/or drugs were involved, the driver will likely also face a charge of DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will typically be a charge of hit-and-run in addition to the allegation of evading law enforcement.

If the motorist is charged with reckless driving in conjunction with evading arrest, the offense can be charged as either a misdemeanor or a felony, and the driver could face up to four years in prison. However, in order to obtain a conviction, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is a difficult allegation to prove.

There are several elements to a charge of evading arrest, and the prosecutor must prove each element in order to obtain a conviction. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt, and if that burden of proof isn’t met, the driver cannot be convicted. There are several proven strategies to defend a California charge of evading law enforcement.

In some cases, it may be in the driver’s best interest to negotiate a settlement in a California evading arrest charge rather than taking the case to trial. A skillfully negotiated plea bargain may offer an opportunity to plead guilty in exchange for reduced charges and/or alternative sentencing, which is best accomplished with the assistance of a capable California defense lawyer.

The knowledgeable defense attorneys of The Kavinoky Law Firm are skilled in every aspect of defending California charges of evading police. To learn more about effective defense strategies regarding evading arrest charges, contact an experienced defense lawyer today for a free consultation.