Articles Posted in Criminal Defense

Experience is probably one of the most important attributes, if not the most important attribute, one should look for in a Los Angeles criminal defense attorney. Before you retain the services of a criminal defense lawyer – regardless of whether you are facing a misdemeanor of felony charge – it is important that you establish the attorney’s credibility and track record in handling similar cases. Failure to do so might prove costly, as a man defending murder charges in Washington D.C. recently found out.

According to a news report in The Washington Post, a Washington D.C. Superior Court judge recently declared a mistrial in a 2008 murder case and allowed the defendant to fire his attorney. The judge was apparently angered by the defense attorney’s lack of knowledge of proper trial procedure. The judge specifically pointed out the fact that the defense attorney told jurors during opening statements that he had never tried a case before. Among other acts of misconduct, the defense lawyer reportedly told an investigator in an e-mail to “trick” a government witness into testifying in court that she did not see his client at the murder scene.

The attorney’s acts were obviously shocking to the judge, not to mention his own client, who placed his life in the hands of this man. In felony cases, including those that involve sex crimes, drug charges or violent crime charges, the stakes are extremely high. Defendants, if convicted, are looking at lengthy prison sentences, fines and a potentially damaged reputation.

While infamous actress Lindsay Lohan faces felony charges stemming from the disappearance of a $2,500 necklace from a Venice, CA boutique in January, she has spent the past week in New York City, and according to sources, visited seven different nightclubs in just four days. Reports differ on whether or not the actress consumed alcohol while out on the town. Lohan is due to appear in court in Los Angeles on Friday, March 25, regarding whether she will accept the plea deal offered to her in the necklace theft case or go to court, possibly facing jail time.

Even without drinking, could the actress get into any legal trouble for her antics? According to the rules of her probation, which relate to her DUI case from last year, Lohan is not permitted to go to a place where alcohol is the main item of sale.

When interviewed by People.com regarding Lindsay Lohan’s situation, Los Angeles criminal defense lawyer Steve Sitkoff stated it was a gray area. He said, “A prosecutor could very well collect evidence that Lohan’s been frequenting these places as grounds for a probation violation or having her bail revoked, which could lead to jail time.” Sitkoff added, “However, the definition of a place where alcohol is the chief item of sale is sometimes murky, especially if the establishment also doubles as a restaurant.”

California Penal Code 273 was amended in January 2011 to expand the penalties for the abuse of a child under the age of 8. Under the revised law, those found guilty of abusing a child who is 8 years of age or under, causing the child major bodily injuries or death, could now face harsher penalties.

California Penal Code Section 273 (a) was created to penalize individuals who are found guilty of causing great bodily injury resulting in the death of a child in their custody under the age of 8. Anyone convicted of this crime could face 25 years to life in prison. California Penal Code 283a (b) now extends these same penalties to individuals whose offense against a child causes a comatose condition due to brain injury or permanent paralysis.

Child abuse is a serious problem in our society. There is no question that individuals who cause serious harm to young children must be prosecuted to the fullest extent of the law. However, if you have been falsely accused of child abuse or if you have been arrested because of a misunderstanding, you deserve to have those charges aggressively defended. The consequences and penalties for a conviction of child abuse are life-changing.

Post-Traumatic Stress Disorder (PTSD) is a serious problem for veterans returning from war. Many residents in California are suffering from complicated mental disorders because of their time spent in stressful and life-threatening situations in war-stricken nations. The state of California has enacted Assembly Bill 674 to handle criminal cases involving veterans differently then those of a regular citizen. Under the new law, the court must hold a hearing to determine if the alleged crime occurred because of a service person’s time spent in war.

California Penal Code Section 1170.9 states: “In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military, the court shall, prior to sentencing, make a determination as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from health problems as a result of that service.”

Veterans determined to be suffering from mental health issues because of time spent in combat may be eligible for nonprofit treatment care instead of probation or jail time if they are convicted of a crime.

At this point, it’s likely that you’ve heard about Lindsay Lohan’s legal troubles, and they are far from over. The New York Daily News reports that Lohan recently served 14 days in jail and 23 days in rehab as punishment for missing court-ordered alcohol counseling classes in relation to her DUIs from 2007. The famous actress is now being held in a solitary cell at a Lynwood, CA jail until a hearing on October 22 for failing a recent drug test.

The question now remains as to the potential penalties and rehabilitation programs Lohan may face. Her attorney is arguing that she was unlawfully denied bail and has filed for appeal. Last month, Judge Elden Fox stated that Lohan would be required to spend 30 days in county jail if she failed a drug test. Cocaine and amphetamines were detected to have been in the actress’s system.

In anticipating that Judge Fox would sentence Lohan right away due to the fact that she confessed and seemed to be prepared to face the consequences, Los Angeles DUI attorney Paul Takakjian stated, “If Judge Fox said on the record that she’d get 30 days for a dirty test, it’s highly unlikely she’ll receive anything less. He’d lose credibility…But he won’t exercise punitive control for the sake of being harsh. He’s one of the best judges we have and truly wants to help the people in his courtroom.”

Lindsay Lohan has seen better days. A People.com article reports that the 24-year-old actress has been ordered to stay in jail until her hearing, which is scheduled for October 22. Lohan failed a court-ordered drug test relating to a 2007 DUI. While the article states that Lohan’s attorney has filed an appeal claiming that the actress was denied bail unlawfully, she is currently in a solitary cell at a Lynwood, CA jail.

It is not likely that Lohan will be released early due to overcrowding or good behavior since she is being held for a court date rather than for a sentence. However, in regards to Lohan’s appeal, experienced California criminal defense attorney Steve Sitkoff stated, “It’s anyone guess if the appellate court will overturn the judge’s order. Generally speaking, people are entitled to bail in a misdemeanor case, but the law in this regard is ambiguous.”

Facing criminal drug charges in California can be an intimidating experience, even if you are a celebrity. It is relatively common for an accused individual to be unsure of his or her legal rights and options after an arrest. While fully understanding the laws surrounding a criminal offense can be confusing, a skilled Los Angeles criminal defense lawyer will ensure that your case is thoroughly examined to ensure that all the proper evidence is gathered to build a strong defense on your behalf.

Actress Lindsay Lohan, 24, has been ordered to report directly to a rehab facility to complete a three-month stay once she is finished serving her probation violation jail sentence. Los Angeles criminal defense attorney Steve Sitkoff stated in a People.com article that the judge is most likely concerned about Lohan experiencing a relapse if she is allowed any unsupervised time in between jail and rehabilitation. Mr. Sitkoff has handled over 100 cases similar to Lohan’s; however, he is not involved in her case.

In referring to Lohan’s order to report directly to rehab after being released from jail, Mr. Sitkoff stated, “The temptations for a newly released inmate are far too great. And given Lindsay’s track record, it seems the judge wants to remind her who’s in charge.”

Since July 20, Lohan has been serving a 90-day sentence in a solitary cell for the violation of her probation for a 2007 drunk driving arrest. Her prospective early release from jail is reportedly attributed to good behavior and overcrowding at the Century Regional Detention Facility in Lynwood, CA.
Continue reading