Recent Blog Posts

Burbank Probation Violation

Gregory Caplan — Fri, 11 May 2012 14:15:00 GMT

The Burbank Criminal Court handles a wide range of cases, ranging from traffic tickets, to serious felony charges. Infraction sentences typically result in fines and court costs, while misdemeanor and felony sentences typically include probation. So, what is probation? Essentially, rather than sentencing a person to substantial incarceration, the court suspends that term, and imposes other terms and conditions designed to punish and rehabilitate a person. A probation sentence will often include fines, restitution, community service, classes, and mandates to obey all laws and orders of the court. Probation timeframes usually range from one to five years, depending on the violation. However, when a person on probation fails to accomplish the requirements, it will trigger a Burbank Probation Violation.

What are the options with a probation violation?

Options depend on the case type, the order violated, as well as surrounding circumstances. We will explore a few scenarios, here.

Let's say a person was placed on probation for petty theft, and ordered to pay fines and do some community service. Then, the person made partial fine payments did some community service, but made all ordered court appearances. In this scenario, I have found that judges to be more understanding about extensions for completion, as long as a plausible explanation existed (poor time management because of work schedule/school schedule, for example). It becomes a lot more difficult when a person on probation abandoned the requirements.

If a person placed on probation failed to make any effort to complete the terms, judges are less likely to be generous. If a person fails to appear in court or complete the orders, judges are inclined to sentence the person to jail time, in lieu of the substantive orders. If a probationer has had repeated opportunities to complete the terms, with unsatisfactory results, a judge may decide that maintaining the person on probation is a waste of time. The judge may then end probation and impose substantial incarceration.

So, if you are on Burbank probation, you need to comply with the court orders. If for some reason you run into trouble, you should immediately contact your Burbank Probation Violation Attorney for guidance. The worst thing to do is to ignore the problem and avoid the court because you are scared. You have a much better chance at a second chance if you face the situation head on.

Clear your Burbank record and open the doors to your new future!

Gregory Caplan — Fri, 04 May 2012 14:20:00 GMT

A significant issue which I have seen in 2012 relates to criminal records and employment. Because of the tight job market in California, as well as Burbank, employers can be extremely particular in their selection. If you have a conviction from Burbank Court on your record, this may preclude you from that new job. So, how can you solve this problem? Below, we explore your options.

Burbank Criminal Court handles felony, misdemeanor, as well as infraction charges. in most cases these cases can be expunged. The process works as follows:

When you are convicted of a crime, depending on the level of charge, you may be placed on probation for up to five years. During the period of probation, you are typically required to complete certain terms and conditions, such as community labor, pay fees and restitution, obey all laws, to name a few. If you have completed all of the substantive requirements and have made it to the halfway point of probation, you may have an opportunity to move forward. You and your Burbank Expungement Attorney should explore a motion to terminate probation early, pursuant to Penal Code section 1203.3. If you have successfully completed all of your important terms, have lived productively since the conviction, and you have a compelling reason for the court to grant the motion (such as a job possibility), Burbank judges are inclined to consider granting the motion.

If a judge grants the motion to terminate probation early, your attorney can then file a Penal Code section 1203.4 motion, requesting an expungement of the charge. Once a judge grants this motion, you have improved your job opportunities immensely. In most cases, after the expungement, when you fill out a job application for a private employer in California, you can honestly answer "no" to the question of whether you have been convicted of that charge.

The steps you must take towards an expungement depend on the type of case you have, your compliance of the court orders, the timing of the probation, as well as the substantial consequences the conviction is having on your ability to move forward in a productive manner. You should contact an expungement attorney to determine your next step towards your new life.

Arrest in the Burbank Community

Gregory Caplan — Fri, 27 Apr 2012 13:35:00 GMT

An arrest in the Burbank area can be a confusing time. I have found in my law career that many people arrested seek immediate answers in solving their situation. Unfortunately, "any port in a storm" does not apply in criminal law. A family friend who is a "Civil Attorney" will not likely provide the best guidance for your criminal case. And research online is a risky proposition; there is an ocean of incorrect information on the web, and you should never depend on it for legal advice. Thus, your first step should be to obtain legal guidance from a local criminal defense attorney.

Your first step is to find the local attorney who emphasizes criminal law in the jurisdiction where you were arrested. For example, Burbank is adjacent to Glendale, the San Fernando Valley, and Los Angeles. One or two blocks can make the difference between the Burbank Courthouse, or a different one. And each courthouse handles things in its own way.

Thus, if you were arrested one block into Los Angeles, just south of Burbank, you will need to consult with a local Los Angeles Criminal Defense Lawyer, familiar with the court where your case will be handled. The same is true with cases in areas surrounding Burbank.

Thus, do not depend on any legal information you read online, which tells you how to handle a problem yourself. You need advice and representation from a local criminal defense attorney, familiar with your type of case, as well as the local system.

Hiring a Burbank Criminal Defense Lawyer

Gregory Caplan — Fri, 20 Apr 2012 15:35:00 GMT

A Burbank arrest of a loved one can be a stressful event. And while you may want to find out as much about your options as quickly as possible, it is best to focus on appropriate legal advice from a local Burbank Criminal Defense Lawyer.

Many people arrested in Burbank make the mistake of believing that their charges are not particularly serious, and forgo attorney representation. They go to court plead guilty or no contest without understanding fully the damage they have done. For example, a misdemeanor or felony charge may be the basis for a potential employer to deny you a job offer. Also, if you are not a citizen, a conviction could result in you no longer being allowed to remain in the United States.

Importantly, if you represent yourself, you may miss out by not knowing of an affirmative defense to your charges, or the possibility that your case may be eligible for a Diversion or APPS Program. An effective Burbank Criminal Defense Lawyer will carefully listen to your side of the story, analyze the applicable laws and circumstances, and determine your options. This attorney should advise you of the pros and cons of each option, as well as the likelihood of prevailing if you choose to vigorously defend the case at trial.

Because of the severe impact of any criminal case, you should have legal representation from start to finish of the case. Having legal representation immediately after the arrest may allow you to avoid certain mistakes, i.e., statements which may be incriminating. Early representation may also allow you to be considered for early intervention options. Your attorney can explain the specific possible options in your case.

In any event, it is always unwise to try to represent yourself in court.

Burbank Lawyer

Gregory Caplan — Fri, 13 Apr 2012 15:45:00 GMT

I have discussed a number of issues related to the unique process of the Burbank Criminal Justice System since I started this blog. I thought that it would be timely to discuss the significance of legal representation if you are accused of a violation of law within Burbank.

You may have noticed that Burbank is a bit different than the larger municipalities when it comes to enforcing local and state violations. While the city and county of Los Angeles government law enforcement departments continue to suffer from substantial budget cuts and negative revenue forecasts, the city of Burbank has been able to maintain a solid infrastructure. While there may be a bit less money allocated for overtime and special projects, the city of Burbank law and code enforcement departments remain intact. Thus, while other city agencies forecast cuts to emergency services, Burbank continues to emphasize enforcement of the law, with the support of its residents.

Because Burbank remains somewhat insulated from the budgetary restraints, relatively minor code violations, vehicle code violations, as well as general misdemeanor "quality of life" offenses are enforced in ways which other cities do not have the ability to match. Thus, a code violation investigation in Burbank can be initiated and begun within a few days, unlike the city of Los Angeles, which could take months. It makes it all the more important to have representation from a Burbank lawyer because of the expediency of the process. A case can be processed and filed in criminal court before a similar case in Los Angeles has yet begun.

A Burbank Lawyer can promptly intervene on your behalf if you are accused of a local or state violation in Burbank. Your attorney can try to facilitate closure in a code violation case, by coordinating efforts on your behalf. In any case, your attorney can provide a buffer between you and the investigating Burbank agency, and prevent you from providing statements which could be used against you at a later time.

Burbank Law

Gregory Caplan — Fri, 06 Apr 2012 14:40:00 GMT

What makes Burbank Law different than that of other local cities? The main difference is the extraordinary resources allocated to resolve these problems, unlike other municipalities.

In Burbank, as in most cities, there is a local set of laws uniquely tailored to conduct which occurs in the city of Burbank. These laws are known as the Burbank Municipal Code, a set of misdemeanor and infraction laws which supplement other state and federal laws.

Burbank City Council and the Burbank City Attorney's Office have carefully evaluated local municipal law from many other jurisdictions in California, and through the legislative process enacted laws which they believe to improve the quality of life for residents in Burbank. This laws include subjects related to noise, litter, loitering, maintaining property, as well as business conduct, to name a few.

In Burbank, the main difference regarding the municipal code law relates to the responsiveness of the city to resolve these violations. Because the city of Burbank is much smaller and less bureaucratic than a larger city such as Los Angeles, it is much easier to handle in a shorter time. For instance, if a resident is violating a local Burbank ordinance which impairs your quality of life, you have timely remedies. The Burbank Police Department responds quickly to calls of municipal code violations. If the patrol officers cannot resolve the problem, there is a community liason officer at the Burbank Police Department who is assigned to address these issues. For other problems relating to license and business issues, Burbank License and Code can quickly step in to investigate, as well as issue notices of warnings and/or violations. Finally, the City Attorney's Office has an Office Hearing process to bring in involved parties of a local municipal code violation, as well as the authority to promptly file criminal charges in suitable cases.

Thus, you can understand that the city of Burbank does not push these issues to a back burner. Quality of life is an important goal of the city of Burbank, and because of this, significant resources are available to resolve municipal code issues.

You can read more about Burbank law and criminal cases on our website at: Criminal Lawyers Burbank.

What if You Have Been Arrested in the San Fernando Valley outside of Burbank?

Gregory Caplan — Fri, 30 Mar 2012 18:20:00 GMT

To this point, our blog has focused entirely on cases in the city of Burbank. But what if you or a loved on has been accused of a violation of the law in the San Fernando Valley, outside of Burbank? While certain similarities exist, such as felony prosecution by the LA District Attorney, there are many differences.

Cases originating in areas just outside of Burbank, such as Van Nuys, Studio City, Encino, Sherman Oaks, and Tarzana, are generally reviewed by the DA and/or City Attorney in the Van Nuys Courthouse. As you might imagine, cases are handled differently in this jurisdiction than in Burbank, and you will need the help of an experienced Van Nuys Criminal Attorney.

One significant difference with misdemeanor cases in Van Nuys relates to court alternatives. While in Burbank, City Attorney Diversion may be monitored in court, Van Nuys does things just the opposite way. Cases are determined for eligibility prior to court- if the case is not approved for a Diversion Program prior to court, you probably will not have that option later. Thus, early intervention can be critical if your case may be suitable for this option in Van Nuys Court. Some judges are more amenable to creative resolutions than others in Van Nuys. Thus, it is important that your Van Nuys Criminal Lawyer understand the nuances of the courtroom where your case will be resolved.

If your case originated in the West or North San Fernando Valley, such as Woodland Hills, Chatsworth, Northridge, Porter Ranch, San Fernando , or West Hills, your case will likely be handled in the San Fernando Courthouse. You will first need the assistance of a San Fernando Criminal Attorney, to explain your options and possible solutions.

Again, like in Van Nuys, misdemeanor cases which may be eligible for a Diversion Program are generally evaluated prior to court, so early intervention can be very important. Arraignment courtrooms have different ways of handling cases than do trial courts; your San Fernando Criminal Lawyer can explain to you the nuances.

In any event, if you have been arrested outside of Burbank, the necessity for legal representation is not diminished. A criminal allegation always demands representation in court from an effective defense attorney. You can learn more about cases outside of Burbank on our website, at San Fernando Valley Criminal Attorney, and on our video at San Fernando Valley Criminal Defense Attorney.

Burbank Criminal Law

Gregory Caplan — Fri, 23 Mar 2012 15:25:00 GMT

How is Burbank criminal law different from other local cities in southern California? Burbank is unique in that there are generally more available resources in place to enforce the law, as you will read, below. In the city of Los Angeles, there is a budgetary problem which forces city employee furloughs and, thus, less emphasis on city code enforcement.

There is a substantial emphasis in the city of Burbank on quality of life issues. Thus, if a resident or business does not comport to the standards and rules of the city, there are significant measures which can be taken. Those who have a similar problem in the city of Los Angeles face a much longer process, because of lack of resources to pay for prompt enforcement of their municipal codes.

For example, a resident stops maintaining his home, i.e., paint peeling, debris scattered on property. This potentially lowers the quality of life for the neighbors. The neighbors call the Burbank License and Code Department and complain. Because of the substantial resources focused on the quality of life issues in the city, Code Enforcement Officers promptly evaluate the Burbank Criminal Law,and look into the situation. They likely contact the property owner, and explain that there are numerous municipal code violations which exist; a short period of time is generally allowed for full compliance of the violations. If the property owner addresses the problems in a timely manner, the investigation is closed out. If the repairs are not made in a timely fashion, the wheels of justice are set in further motion, as you will see.

When code violations are not remedied at the early stage, License and Code Compliance Officers notify the Burbank City Attorney's Prosecution Division. In some cases, a prosecutor may communicate with the property owner to remedy the problems quickly. If the property is not brought up to "code," a criminal complaint is then filed in the Burbank Criminal Court, related to the violations of the property owner. The Burbank Municipal Code allows for cases to be filed at a misdemeanor level. Thus, "Failure to Maintain" a home carries a potential of thousands of dollars in fines and up to six months in jail for each violation. Every day is a new "violation" for these type of problems.

Eventually, the Burbank Criminal Court system remedies the problem, with progress reports heard in court, until the problem is resolved. Because of the potential of jail and large fines, the property owner generally fixes the problems in the required time frame, and the quality of life issue is solved.

Issues to Consider When Evaluating a Burbank Criminal Defense Attorney

Gregory Caplan — Fri, 16 Mar 2012 13:15:00 GMT

In this post I wanted to highlight some important issues to consider when evaluating a Burbank Criminal Defense Attorney.

1. Does this attorney focus on criminal defense? Because criminal law is constantly changing, it is important that your criminal defense attorney emphasize this area of practice.

2. Years of experience? How long has this attorney practiced in the area of criminal law? Will this attorney be representing me, or will a different attorney handle my case?

3. Does this attorney practice substantially in Burbank? While many attorneys practice all over Los Angeles County and beyond, Burbank is quite particular in how criminal cases are handled. There are nuances to each of the misdemeanor and felony courtrooms, and it is important for your attorney to know these.

4. Does this lawyer handle a significant amount of cases involving the charges of which you have been accused? Again, familiarity of your attorney of a particular area of criminal law may provide your attorney a better understanding of every option to resolve your case.

5. Does the attorney come with recommendations and references? How is this attorney perceived in the local Burbank community. Contact local business organizations, such as the chamber of commerce, and ask about this attorney. Check business review websites, as well.

6. Do you feel comfortable with this attorney, or do you feel like you would be better off interviewing more attorneys? Don't simply hire an attorney because you haven't carefully evaluated your options. Be selective.

7. Most criminal defense attorneys charge legal fees in a particular price range. If one attorney charges considerably less than the rest, make sure that you will be receiving appropriate legal services.

While there are many factors to consider in addition to the above when hiring a Burbank Criminal Defense Attorney, understand that you will be working with the attorney on something that may impact the rest of your life, so give due consideration to your selection.

Have You Been Accused of a Violation of Burbank Criminal Law?

Gregory Caplan — Fri, 09 Mar 2012 15:15:00 GMT

What do you do if you have been accused of a violation of Burbank Criminal Law? In any situation where you have been accused of a violation of a Burbankcrime, you need to seek immediate representation from a Burbank criminal law attorney.

While some Burbank offenses may not seem extremely problematic, a conviction of a criminal law may result in a misdemeanor or felony record, loss of employment, loss of professional license, and even deportation of non-citizens. Thus, you need to fully understand the consequences of your charges.

A Burbank Criminal Law Attorney will evaluate the charges, determine if valid defenses exist, determine if police filed the wrong code section, and explain all of the above to you promptly. Some charges are commonly misfiled at a misdemeanor level, when the code only allows for an infraction. Some charges can be made infractions by the judge or prosecutor, such as the offenses noted in Penal Code section 19.8. Importantly, even infractions can be problematic if they appear on your record, so it does not make sense to try to evaluate the propriety of an infraction plea offer without representation.

What are some infractions which can have negative consequences? One example is a violation of Penal Code section 490.1, Theft of $50 or less. Although the theft is an infraction, it will show up on your record as a theft conviction, a crime of moral turpitude. A violations of Vehicle Code section 23109(c), Exhibition of Speed can also be an infraction, but still counts as a 2-point violation on your DMV record, the same as a DUI, as may result in the suspension of your Driver's License.

Finally, most Burbank Municipal Code violations can be reduced to infractions, however, stacking up convictions can have negative consequences on a person's record, as well as dramatically escalate future punishment on new violations.

In any Burbank criminal case, be sure to obtain attorney representation.

Criminal Lawyer Burbank, California

Gregory Caplan — Fri, 02 Mar 2012 16:50:00 GMT

What can a Criminal Lawyer Burbank, California do to help me with my case? In my opinion, those represented by a criminal lawyer may have better opportunities to resolve their cases effectively, than those who don't.

A Criminal Lawyer in Burbank can take steps to preserve evidence, evaluate early intervention options, and protect his or her client from making statements which could harm the client in court. A lawyer can advise a client of how to prepare for court, assist the client in understanding the legal process, and provide a barrier between the system and the client.

How does an atttorney help preserve evidence? For example, if there is video evidence related to a criminal case, a private company may not preserve it unless requested to do so. This comes into play when an incident occurs outside and a neighboring business has a video surveillance system which viewed the incident. A lawyer can contact the company and prosecutor to make requests to preserve the video.

A lawyer can evaluate if a client may be a candidate for a court diversion program, such as City Attorney Diversion or Office Hearings.If so, the lawyer can communicate with the prosecutor about these possibilities. Waiting until the court date may preclude some of these options.

An attorney can have his or her client provide information, lists of witnesses, and potential exculpatory evidence, which may help the attorney solve the case in court.

A lawyer can explain the steps of the criminal justice process, and guide the client through the court procedures in a streamlined manner.

Finally, if law enforcement officers want to speak to a person suspected of a crime, a lawyer can provide a buffer, and speak to the police on the client's behalf, to avoid the client making statements which could damage the client in court at a later time.

Thus, it is always adviseable to have a criminal lawyer in Burbank, California if you or a loved one is accused of a crime in this jurisdiction.

Burbank Petty Theft

Gregory Caplan — Fri, 24 Feb 2012 16:50:00 GMT

Burbank Petty Theft cases are filed in the city of Burbank on a regular basis. If you or a loved one are accused of a petty theft or shoplifting case in Burbank, it is important to understand the process. Below, is a synopsis.

A Burbank petty theft or Burbank shoplifting case generally is initiated because of conduct in one of the many retail stores within the city. Because of 2011 changes in theft laws in California (including Burbank), petty theft cases can now involve accusations up to $950. This is a huge change from the previous limits of $400. Importantly, cases up to the $950 limit cannot be filed as grand theft or felony charges, as long as it is a first offense, and there are no allegations of force/fear/weapon use, or entry into the location with the intent to steal.

So, what are your options with a petty theft or shoplifting case in Burbank? This answer typically depends on the value of the items alleged to have been taken. Cases involving amounts less than $50 may be considered for a court alternative in Burbank, such as APPS. Thefts involving higher amounts of loss can be condsidered for alternatives such as APPS on a case by case basis.

How can your case be considered for a court alternative? Your criminal defense attorney needs to be familiar with the Burbank case system. He or she will likely make efforts to intervene with the prosecutor's office, and provide relevant criteria for APPS consideration. It is important that you have an attorney handle this process on your behalf- any statements you make on your own can be used against you in court against you.

What happens if you are accepted for APPS? If you are approved for the APPS program, you will be refered to the program from court. You will have to complete a classroom program, as well as community service, within a specified time period. If you complete the requirements, your case would be either dismissed or reduced, depending on the circumstances.

In any event, it is important to have a Burbank Theft Attorney represent you throughout the entire process, to make sure that your case is considered for all appropriate solutions.

I Have Been Accused of a Crime in Burbank, CA

Gregory Caplan — Fri, 17 Feb 2012 16:05:00 GMT

If you or a loved one have been accused of a crime in Burbank, it can be a difficult time in your life. It is important to understand that you can move forward in a postive direction, but that you need guidance to take you in that direction. So, what is your first step towards a solution? Your first step is to obtain prompt representation from a Burbank Criminal Defense Attorney.

A Burbank Criminal Defense Attorney has a number of important responsibilities. First, the attorney provides a buffer between law enforcement and the client. The attorney can speak to police and prosecutors about the case, without making statements which could be used in court against the client. Second, the attorney can also explore possible early intervention alternatives, such as APPS or Office Hearings. Third, the attorney can prepare you for court, carefully review your options, negotiate on your behalf, and appear in court with you. Fourth, the attorney can provide you peace of mind that your rights and privileges are being protected appropriately.

It is important to make sure that you have representation for any criminal case in Burbank. A criminal case can have substantial negative consequences, including denial of employment, loss of professional licenses, deportation of non-citizens, as well as jail, fines, probation, and community labor. Thus, if you are ever accused of a crime in Burbank, your first call should be to a Burbank Criminal Defense Attorney.

Burbank DUI Lawyer

Gregory Caplan — Fri, 10 Feb 2012 16:05:00 GMT

A Burbank DUI Lawyer can be a significant component in assuring your rights are protected in your DUI case. Below are some of the reasons.

A Burbank DUI is a criminal case. It can affect your ability to obtain employment, retain your job, result in loss of professional licenses, as well as loss of your Driver's License. Any one of these issues makes self-representation a wrong decision.

A Burbank DUI Lawyer can evaluate the big picture. If your attorney determines proof problems exist with issues at the DMV hearing, this may cause the Court and prosecutor to consider a more favorable resolution in your case.

If an evidentiary problem or other legal issue exists in your case, a Burbank DUI is in a position to take immediate action on your behalf, to pursue the most appropriate solutions.

If DMV is planning to suspend your license, your attorney may be able to coordinate the suspension and/or restriction with the court case. For example, there are sometimes tactical advantages in having a court make factual findings, which may limit DMV's action on your driving privilege.

Even if you think you are guilty of DUI, a good lawyer may still be able to accomplish a reasonable solution. If you don't have your case carefully evaluated by someone who handles DUIs for a living, you may be missing out on opportunities.

Even if you think you have violated the DUI statutes, a good attorney may be able to negotiate a favorable solution for you.

So, if you have a Burbank DUI, it is imperative to have representation from an attorney familiar with the law, DMV, as well as administrative consequences and collateral consequences which may flow from the case.

Burbank Criminal Defense Lawyer

Gregory Caplan — Fri, 03 Feb 2012 16:40:00 GMT

I am often asked about the importance of legal representation in the Burbank Courts. I wanted to focus in on the reasons why it is never a good idea to represent yourself in court. You absolutely need a skilled Burbank Criminal Defense Lawyer to represent you.

1. Each Burbank Criiminal Courtroom has a large volume of cases to handle each day. Because of this, the judge and prosector have to apportion their time to the cases they think are important. If you do not have a strong advocate on your side, you may not receive appropriate consideration for your case.

2. Mistakes happen. If a clerical error is made on your paperwork, an experienced attorney will catch it and have it corrected. You may not realize it, and you may be penalized because of it. Even a small mistake about a court date can result in a warrant for your arrest.

3. It is extremely difficult to be your own advocate on an issue that is personal to you (aside from the fact that you should never represent yourself in court). A similar example is to think about the challenges of solving a dispute with your cell phone carrier if they overcharge you and they are unwilling to correct it- this is a common scenario which frustrates people every day. Even a small "personal" issue can be difficult to negotiate on your own.

4. You don't know the venue, the judge, the court process, the system. An experienced Burbank Criminal Defense Lawyer can objectively determine your best options, and carefully explore your alternatives.

5. Based on my 15 years in court as a prosecutor and Burbank criminal defense lawyer, representated defendants almost always end up with a better resolution of their case than someone who tries to handle it himself or herself.