Kareem Law APC

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Section 236 of the California Penal Code defines false imprisonment as “the unlawful violation of the personal liberty of another.” False imprisonment is a serious crime in Riverside. Mistakes are not acceptable when they result in the imprisonment of an innocent person. If this is the case, you should contact an experienced False Imprisonment attorney right away.

What is False Imprisonment?

In order to better understand what actually amounts to False Imprisonment, we must look at the essential elements of the crime, as described in the California Criminal Jury Instructions (CALCRIM). CALCRIM is not a source of law but a summary of the law written annually by the Judicial Council of California in order to help jurors, who are generally regular people outside the legal profession, understand the law.

Misdemeanor

According to CALCRIM 1240, False Imprisonment has two essential elements that the prosecutor must be able to prove beyond a reasonable doubt in order to convict a person of the crime under Penal Code sections 237 a and 237 b:

  • The defendant purposefully restrained, confined, or detained someone or caused someone else to be restrained, confined, or detained.

  • The defendant forced the other person to stay or go somewhere against his or her will.

If the prosecutor is unable to prove both elements and only proves one or neither, the defendant is entitled to an acquittal.

If a person does not consent to the act, it is done against their will. To consent, a person must act freely and voluntarily and be aware of the nature of the act. Saying yes at gunpoint is insufficient.

Consent is an affirmative defense to false imprisonment because it eliminates one of the necessary elements for a conviction.

Penalties for Misdemeanor False Imprisonment Charges

A misdemeanor is a crime of false imprisonment without the use of force or violence, such as the crime described above:

  • 1-year county jail maximum

  • $1,000 fine

If the crime is committed by force of violence, it is prosecutable as a felony. There are many defenses we can use for false imprisonment charges, and our false imprisonment lawyers will assert any and all applicable defenses on your behalf.

Felony

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Violence is defined as the use of physical force that is greater than the force reasonably required to restrain someone. Menace is defined as a verbal or physical threat to cause harm, including the use of a lethal weapon. The threat of harm can be explicit or implicit. 

Consider the following examples distinguishing misdemeanor false imprisonment from felony false imprisonment:

  • A ride-share driver picks up a fare and drives them to their desired drop-off location, but the fare is not allowed to leave. The driver explains that he needs to get another fare first and drives away, much to the chagrin of the passenger who is attempting to exit the vehicle. Because the doors are childproof, the passenger cannot unlock them to exit the vehicle. Because the person's liberty was restrained (they couldn't escape the vehicle) and they were transported against their will, the driver is likely guilty of misdemeanor false imprisonment. There are both elements of the crime present.

  • A ride-share driver picks up a fare and drives it to an alley rather than the desired drop-off location. The person cannot escape because the car has child locks. The uber driver then threatens the passenger with death if they move and forces zip ties around the passenger's hand. The passenger is then driven to a different location and dumped on the street by the driver. The driver is most likely guilty of felony false imprisonment because the person was restrained not only by the locks but also by the driver's threat to kill the passenger if he resists (violence or menace). There are both elements of the crime present.

Hiring an experienced false imprisonment attorney to handle your defense can improve your chances of success. Kareem Law Group will conduct a thorough investigation into your alleged crime.

Riverside Restraining Order Lawyer

Have you been named as a “restrained person” in a restraining order filed by a family member, friend, coworker, or close acquaintance? Not only is your name and reputation at stake but so could your future freedom, depending on the specifics of the restraining order and the allegations surrounding it.

If you do nothing to defend yourself and tell your side of the story, you may be permanently barred from participating in certain activities.

  • Prevent you from contacting the “protected person” or petitioner.

  • Ban you from certain locations at certain times.

  • Remove your right to own, carry, or use a firearm.

When you are served with a restraining order, you must consider how you will protect yourself from the consequences that will follow. Kareem Law’s San Bernardino restraining order lawyers can help you build a strong legal case against the restraining order’s permanence, as well as a case against any criminal accusations that may accompany it.

The risks of being convicted of False Imprisonment are too great to take alone.
Call (888)-506-6519
now.

Personal Injury Lawyer California

A Personal Injury Lawyer at Kareem Law APC will stop the DMV from suspending your license automatically and start the legal process of defending it with an Administrative Per Se Hearing.

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When you are given a restraining order, usually by a sheriff’s department member, you must:

  • Read the restraining order in full – review it with an attorney if you have any questions.
  • Comply with all orders – no matter how unreasonable they may seem, the orders are completely enforceable at this time.
  • Surrender your firearms to the police, store them at a licensed location, or sell them to others.
  • Plan for the court date listed on the order and make certain you attend it.

If you “lose” the court hearing or fail to appear, the ruling judge will make the restraining order “permanent.” In most cases, the conditions of the temporary restraining order will remain unchanged, but some changes or additions may occur. The judge will issue a permanent restraining order that can last up to five years.

Temporary restraining orders are the starting point for all restraining orders. A temporary restraining order can be obtained at virtually any time by a variety of means, including speaking with a judge or a police officer on the street.

Because you can’t predict when someone will want to file a restraining order against you, you can’t stop a temporary order from restraining you. What you can do is learn how to respond correctly to avoid further problems.

Make Sure You Hire a Reliable Criminal Defense Attorney

When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Los Angeles.

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W MiW Mi
04:20 15 Sep 22
I was faced with a case that never in my life I’d imagine to be dealing with that could’ve had detrimental effects on my life and career ending. Kareem was the best defense I had to get my life back together. From start to finish Kareem was very attentive, informative and determined to help get this fixed and he did! The case was never filed! Thank you!
Josh kappJosh kapp
17:09 10 Aug 22
I was arrested and was facing 2 felonies in October and spent some time sitting in county jail. After calling tens of lawyers to help I immediately knew Kareem would provide the help I was looking for. He walked me through the entire court process and was very reassuring that I had nothing to worry about. It is a great feeling when you have a confident lawyer behind you. Kareem managed to get my case dismissed and I have no charges on my record now. I don’t think I would have this result if it weren’t for his help. I would recommend him to anyone. He knows what he’s doing and he is the man for the job.
Ali LodinAli Lodin
23:09 23 Jun 22
Before hiring Kareem Law I made the mistake of listening to some ads for personal injury attorneys on the radio. I did not know what to expect since this was my first time needing to hire an attorney. The first office never returned my calls and never connected me with an attorney. I thought attorneys wanted to help their clients not treat them like dirt. I found Kareem's office after a family member told me of an attorney who did excellent work on his personal injury case.From the first call with Kareem he created a strong relationship with me where I felt appreciated and heard. Mr. Ramadan was always available when I needed answers and did a fabulous job settling my case.
Anna DrachukAnna Drachuk
19:36 13 Apr 22
I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care for my situation, were encouraging and made me feel safe. Kareem was very personable, reachable, and communicated clearly. Kareem put a lot of effort to get the case dismissed and achieve a complete resolution without the additional stress of a trial. I am beyond grateful to him!
Lynette LansanganLynette Lansangan
17:20 25 Mar 22
Never in my life, did I think I would need a criminal defense attorney. A close family member committed a federal crime and suddenly I was searching for a criminal defense attorney. I submitted an inquiry to all lawyers in the Upland area and I am so thankful that Attorney Kareem was quick to reply on a Sunday afternoon!The next day, he was already doing a jail visit with my family member. The following day, we were meeting and discussing the case in his office. Right from the beginning,Kareem expressed his care and compassion for us and my incarcerated family member. He also made us feel very comfortable telling us a personal story of his that made him appreciate nurses, which my mom and I are! This life journey of his, made us feel that he knows the value of life and our family member would be in excellent hands.Kareem was always available to answer all our questions. If you call him or text him, he will always respond right away or within a few hours. This was an extremely difficult time in our lives and Kareem was always there to ease our minds. When trying to find an attorney who is going to save your life or a close family members, you have to fully trust your lawyer and Kareem is that man. He strongly advocated for my family member and got him released from jail with a mental health diversion. This was the goal from the beginning and we could not be more thankful to Attorney Kareem for the outcome.
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  •   I would highly recommend Mr. Ramadan to anyone in a similar situation. He was very helpful throughout the entire process, and the final outcome was very favorable.

    thumb Erika D.
    7/03/2023
  •   I was faced with a case that never in my life I'd imagine to be dealing with that could've had detrimental effects on my life and career ending. Kareem was... read more

    thumb WaKas M.
    9/14/2022
  •   Ramadan did a great job on my DUI case. I had just started a great paying new job, shortly after that  I got a DUI, where my employer required me... read more

    thumb Sal M.
    11/08/2023
  •   I had reached out to Kareem Law APC after finding out I was being wrongfully accused of an incident, and he immediately called me back late at night. I have... read more

    thumb Andy K.
    1/31/2023
  •   I unfortunately got myself into a little trouble. Knowing nothing about law, and having never had to experience the criminal judicial system, I was overwhelmed and scared to say the... read more

    thumb Stevie R.
    10/20/2023
  •   Quick response even on the weekend. Atty Kareem seems like a great attorney however he was too busy for our small case. Thank you for your time.

    thumb Yara V.
    8/20/2023
  •   I contacted Mr. Ramadan about my son who has an Intellectual disability, he had been arrested in LA county for auto theft placed against him by his employer. My son... read more

    thumb Maurice C.
    11/15/2022
  •   I needed a lawyer for my son that got himself into trouble. This was the best decision that I made, even though I did not have the extra money for... read more

    thumb Cherie S.
    4/15/2023

KAREEM LAW APC – CRIMINAL DEFENSE LAWYER

Attorney Kareem uses his training and experience as a former prosecutor to defend clients throughout Los Angeles and San Bernardino. If you are arrested or charged with a criminal offense, you need someone with experience to defend and protect your rights. Call Kareem.
Kareem A. Ramdan and Malalai Farooqi, experienced criminal defense attorneys in Riverside, collaborating on a case.