Criminal Defense

May 20, 2009

Los Angeles Vehicular Manslaughter Caused by Drunk Driver, Officials Say

A passenger in his 20s was reportedly killed on impact after a vehicle driven by a suspected drunk driver crashed into a street sign in Baldwin Village, CBS News reports in an article. The fatal DUI car accident in Los Angeles occurred at the intersection of La Cienega Boulevard and Rodeo Road, police officials said. The driver, a woman, was arrested and taken to the hospital in critical condition. Officials expect the driver will be charged with drunk driving after she is released from the hospital.

In the state of California, it is a crime to operate a motor vehicle while under the influence of alcohol and/or drugs. Driving under the influence can be a misdemeanor or a felony. If the DUI incident involves major injury or death to a person other than the alleged drunk driver, then it will almost always be charged as a felony, which is a more serious offense. In addition to a felony DUI charge, the defendant may also be facing a Los Angeles DUI vehicular manslaughter charge.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

May 1, 2009

Orange County Sheriff’s Deputy Facing Sex Crime Charges

by Sitkoff & Hanrahan, LLP

Police in Wildomar arrested an Orange County sheriff’s deputy on suspicion of committing California sex crimes against a child younger than 14 years of age, the North County Times reports in a story. Wilbert Dale Garcia, 49, was arrested during a traffic stop in Murrieta. Garcia was placed on administrative leave following his arrest.

Sex crime charges are extremely serious because of the consequences. If convicted of committing lewd or sexual acts on children, you could be sentenced to serve time in prison, your reputation will be tarnished, your career could be in jeopardy and you will very likely be required to register as a sex offender for the rest of your life. That is why, if you have been charged with committing a sexual crime against a child, you need a reputed and skilled Southern California criminal defense attorney, who has experience aggressively defending sex crime charges.

California Penal Code Section 288 (a) defines lewd act with a child under 14 as such: “Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six or eight years.”

April 29, 2009

Fontana Man Arrested on Suspicion of Drunk Driving

by Sitkoff & Hanrahan, LLP

Police in Pasadena arrested a 48-year-old on suspicion of drunk driving after he allegedly ran a red light and struck two vehicles, the Pasadena Star News reports in an account. Andre Rushing, 48, of Fontana was driving on Sierra Madre Boulevard when he struck a 2002 Chevrolet Blazer traveling on Sierra Madre Villa Avenue, which caused the vehicle to roll over. Rushing’s vehicle then struck a 2002 Honda Accord. Six passengers in the Blazer and two in the Honda were taken to hospitals with injuries that were not life threatening, Rushing was arrested on suspicion of driving under the influence of alcohol in Los Angeles. Officials are not aware of his blood alcohol content pending blood test results.

A conviction or DUI arrest in California could have serious consequences. You could lose your driving privilege, your job and career could be in jeopardy, and if your DUI involved a serious injury or fatal auto accident, you could be facing vehicular manslaughter or even murder charges. If convicted, you could be looking at a lengthy prison sentence.

The most common yet serious consequence of a DUI arrest is the possibility of having your driver’s license revoked or suspended. Following a drunk driving arrest, an Administrative Per Se (APS hearing) is needed to save your driving privilege. The Department of Motor Vehicles (DMV) must be contacted within 10 days of the DUI arrest to request an administrative hearing to stop your automatic driver’s license suspension.

April 27, 2009

Singer Chris Brown Pleads Not Guilty in Domestic Violence Case

by Sitkoff & Hanrahan, LLP

Singer Chris Brown has pleaded not guilty to two charges of felony assault in a domestic violence case against him, according to this CNN report. The 19-year-old Brown is facing charges of assaulting singer Rihanna, his former girlfriend. If convicted of these charges, the sentence could range from probation to four years and eight months in prison. The alleged attack occurred in February that began when 21-year-old Rihanna, who had been dating Brown, found a text message from another woman on his cell phone. Brown issued a public apology for the incident in February.

In this case, Chris Brown has also been charged with making criminal threats. What is a criminal threat? California Penal Code section 422 states that you can be charged with a crime if you threaten to kill or inflict great bodily injury, even if you don’t intend to carry out the act. The threat can be verbal, in writing through e-mail or texting via cell phone. The only requirement for this charge is that a person is reasonably fearful for his or her personal safety. A criminal threat charge is a “wobbler,” which means that it could be charged as a misdemeanor or a felony.

You don’t have to be married in order to face a California domestic violence charge. You could be living with your girlfriend or even go out on a first date and an incident stemming from such relationships could be viewed as “domestic violence.” If you are facing an assault or domestic violence charge, please get in touch with an experienced Los Angeles criminal defense lawyer, who has the experience and the resources to build your defense and obtain the best possible result in your case. Call Sitkoff & Hanrahan for a free and confidential consultation.

April 24, 2009

Rialto DUI Fatal Collision Results in Murder Charges

by Sitkoff & Hanrahan, LLP

Police arrested a man on suspicion of drunk driving in Rialto after he allegedly struck a vehicle, killing one woman and injuring three others during a police pursuit. According to this news report in the San Bernardino Sun, police arrested 19-year-old Johnny Morales on CA vehicular manslaughter charges because, officials say, he was driving under the influence of alcohol. Police officers attempted to stop Morales at the intersection of Foothill Boulevard and Rancho Avenue after they reportedly saw him make a traffic violation. He did not stop and police pursued him.

The chase ended when Morales rear-ended a 1991 Honda Accord that was making a left turn onto Foothill from Riverside Avenue. Margarita Rodriguez-Dominguez, a 40-year old Rialto resident who was one of the Accord’s passengers, died. The driver and two other passengers were injured.

Drunk driving in California may be charged as misdemeanors or felonies. In this case, where it involved fatal and serious injuries, the defendant was charged with a serious felony – murder. The situation was worsened because Morales allegedly tried to flee from the police when they attempted to stop him.

April 22, 2009

CA Sex Offender Arrested for Finding Home Too Close to School and Park

by Sitkoff & Hanrahan, LLP

A sex offender who recently moved to Joshua Tree was arrested after he ignored police officials’ warnings that he should not move next to an elementary school. Rowland Chorn, 29, was arrested on suspicion of failing to comply with California sex offender registration guidelines, according to this news report. Chorn apparently came into the San Bernardino County Sheriff’s station to register his new address, but deputies objected because his home was too close to the Joshua Tree Elementary School and Sunburst Park. Jessica’s Law bans sex offenders from living within 2,640 feet of a school and within 2,000 feet from a park.

The tag “sex offender” doesn’t come of after your conviction, incarceration or even after you serve time. You may think you have turned a corner or may have even served time for a sex crime you did not commit. But society is unforgiving and your sex offender label stays forever. It is becoming increasingly difficult for those who have been convicted of sex crimes in California to find housing. Many live on the streets as transients. This is probably the most devastating consequence of being convicted of a sex crime.

If you have been charged with a sex crime, it is critical that you immediately consult with an aggressive and skilled Southern California sex crime defense attorney. It would be even better if you contact an attorney while you are still being investigated. A skilled criminal defense lawyer may be able to nip the case in the bud even before charges are filed or before the story gets to the media and your reputation is dragged in the mud. At Sitkoff & Hanrahan. our attorneys are former prosecutors who know exactly how to find loopholes and discrepancies in the prosecution’s case. Call us today at 888-579-4844 to discuss your case. We will help build a strong defense and get your charges dismissed.

April 17, 2009

Santa Monica College Sexual Assault

by Sitkoff & Hanrahan, LLP

Chase Guy Reynolds, a 40-year-old Malibu man, has been arrested on suspicion of sexual assault of a Santa Monica college student on campus, the Los Angeles Daily News reports in an article. Reynolds has been charged with two counts of sexual battery by restraint, one count of attempted sexual penetration by a foreign object and one count of second-degree robbery. Prosecutors say Reynolds approached the female student in the college’s library, sexually assaulted her and then stole her house key. If convicted, Reynolds faces up to 13 years in prison for his Los Angeles sex crime.

California Penal Code section 243.4 (a) defines the act of sexual battery as when a person “touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification or sexual abuse.” Given the allegedly violent nature of this particular Santa Monica incident, the defendant is facing more severe charges.

In any sex crime case, there is a strong possibility of a lengthy prison sentence if convicted. This is exactly what raises the stakes in a sex crime case. If you have been charged with any sex crime such as rape, sexual assault, sexual battery, lewd conduct or sexual abuse, you would be well-advised to immediately contact an experienced Southern California criminal defense lawyer who will not only fight to protect your legal rights, but also make sure that your side of the story is heard and understood.

April 14, 2009

Redmond O’Neal’s Drug Smuggling Charges

by Sitkoff & Hanrahan, LLP

Redmond O’Neal, son of actors Ryan O’Neal and Farah Fawcett, has been charged with a felony count of bringing drugs to a Los Angeles area jail, KTLA News reports in a story. O’Neal was reportedly taken into custody after police say they found him to be in possession of heroin at a security checkpoint in the parking lot of the Pitchess Detention Center in Castaic. The 24-year-old O’Neal was apparently at the jail to visit a friend who was incarcerated. When stopped by officials, O’Neal admitted to possessing drugs and is now facing California drug crime charges.

In January, O’Neal pleaded guilty to possession of methamphetamine. At the time, he was already serving three years probation after pleading guilty to possession of heroin and methamphetamine and driving under the influence.

Both heroin and methamphetamine are illegal or controlled substances. Possessing these substances in any amount is a crime. The penalties of a conviction for sales or drug possession in California are severe. The consequences can be dire if you violate your terms of probation stemming from prior drug crime convictions. However, very often, we find that an accusation of drug possession is based on illegal search and seizure by the police. If your arresting officer did not follow proper police procedures or if your Constitutional rights were violated, the evidence against you could be thrown out and your case can be dismissed.

April 10, 2009

Chula Vista Drunk Driver Kills Pedestrian

by Sitkoff & Hanrahan, LLP

A pedestrian who was struck and killed on the evening of February 3, 2009, by a suspected drunk driver has been identified by law enforcement officials as 75-year-old Ronald Sieler. The report from KFMB 760 AM states that Seiler was crossing the street at the intersection of Main Street and Third Avenue in Chula Vista when he was struck by a vehicle driven by Peter DiCesare, 45, address unknown. After the accident Seiler was transported to the University of California San Diego Medical Center where he was pronounced dead from his DUI causing injuries in California.

According to law enforcement officials investigating the accident, Seiler was struck in the 3100 block of Main Street. DiCesare was taken into custody and is facing charges of California drug possession and driving under the influence. DeCesare’s bail has been set at $150,000.
Continue reading

April 8, 2009

Former Raiders Quarterback Arrested for Probation Violation

by Sitkoff & Hanrahan, LLP

Former Los Angeles Raiders quarterback Todd Marinovich is back in jail after authorities say the 39-year-old was arrested after missing a drug rehabilitation progress review in a Newport Beach court. According to this news report, Marinovich’s alleged probation stems from his guilty plea on California drug charges two years ago. Marinovich pleaded guilty to possession of methamphetamine, syringe and resisting arrest. The judge at the time placed Marinovich on five years of probation and ordered him to spend one year at a drug rehabilitation center. Marinovich reportedly has nine prior cases in Orange County courts.

A Drug Court in California is a special court that is given the responsibility of select felony and misdemeanor cases involving non-violent drug-using offenders. The program consists of frequent random drug testing, probation, drug treatment counseling and use of sanctions and incentives. The Drug Court Judge is actively involved in supervising offenders who participate in this program. After an individual successfully completes the criminal drug court program, the drug charge against him or her is dismissed. However, when individuals in this program relapse, go back to using drugs, fail to attend or return to their old ways, the court imposes sanctions. In some cases, the defendants may not get a second chance and the judge may impose a jail sentence.

If you or a loved one has been accused of a drug crime or a probation violation in Southern California, please contact California’s skilled criminal defense attorneys at Sitkoff & Hanrahan to discuss your case. We will analyze your case, your history and your current situation to help you decide the best possible course of action. Our goal is to keep you out of jail and get you the help you need. Please call us at 888-579-4844 to find out more about your options.