Articles Posted in Criminal Defense

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Police are looking for a suspected drunk driver, who they say, fled the scene of a fatal car accident in Los Angeles. KTLA News reports that the accident occurred on the Santa Monica (10) Freeway at La Brea Avenue. A 2005 BMW, traveling at a high rate of speed, rear-ended a pickup truck, causing it to overturn, California Highway Patrol officials said. A 20-year-old passenger in the BMW, died at the scene. Another passenger in the car and the driver of the truck also sustained moderate injuries.

Those arrested for drunk driving in Los Angeles may either be charged with a misdemeanor DUI offense or a felony, which is a much more serious charge. Usually, when a DUI arrest does not involve an accident, injuries, fatalities or major property damage, it results in a misdemeanor charge. When a DUI accident does involve deaths, injuries or major property damage, the driver will most likely be charged with a felony. When fatalities are involved, the driver could also face gross vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of (DUI) Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was …, in an unlawful manner, and with gross negligence.”
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A new California law, effective this year, requires anyone convicted of DUI in Los Angeles County to install an ignition interlock device in his or her vehicle. According to news reports, Los Angeles is one of seven California counties where this pilot program goes into effect starting July 1, 2010. What this law means is that even if you have been convicted of drunk driving for the first time, you need to install an ignition interlock device in your vehicle.

What is an ignition interlock device or IID? Basically, these are devices that require you to blow into them. If the device detects alcohol from your breath, it will not let you start the vehicle. The devices may be pre-programmed to measure the level of alcohol in your breath. For example, you could have it set or the court could order you to have it set at 0.02 (approximately one drink). Therefore, if you blow a 0.02 or more, you will not be able to start your vehicle and you would potentially be in violation of your drunk driving probation and be sent to jail.

If you are ordered to have an ignition interlock device installed, you will have to pay the fees for renting the IID alcohol detection device and for having it installed in your vehicle. The installation could cost you anywhere between $100 and $200. The monthly rental fee can range from $70 to $100. These fees do not include the additional charges for maintenance or having the device calibrated.
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A history teacher at a Cypress school has been charged with sex crimes against a 17-year-old student, according to a news report in The Orange County Register. The 42-year-old history teacher has been accused of one misdemeanor and six felonies that allegedly took place on six separate occasions. Police have apparently obtained about 11 pages of sexually explicit text messages the teacher sent to the girl in September and October. According to the report, the girl’s mother discovered the text messages and handed them over to police.

And in another recent high profile case, a former California Highway Patrol Lieutenant, was found guilty Tuesday in an Orange County court of attempted lewd acts on a child. Had had sent text messages to an undercover police officer who was posing as a 13 year old female.

Sex crimes, such as child molestation, are among the most forcefully prosecuted and severely punished offenses in our criminal justice system today in Orange County. Even if you are not guilty of the sex crime allegations, when you hold a profession, such as a teacher, police officer, or someone respected in society, you run the risk of ruining your reputation and losing your livelihood. Many sex offense defendants are drastically affected by sex crime charges, even if they are not convicted. This is especially true with regard to crimes involving children or minors. If convicted of a sex crime in Orange County, you may encounter extremely serious consequences including a lengthy prison sentence and registration as a sex offender for the rest of your life.
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Three people were arrested after Los Angeles County Sheriff’s officials seized more than 300 marijuana plants at a home in Lancaster. According to a CBS News report, deputies found two bedrooms and a large room in Lancaster that were all converted to a marijuana growing facility. The grow areas had sophisticated lighting and automatic irrigation. A 23-year-old man was arrested inside the home and two others were arrested in the backyard of a home nearby. All three men were arrested for marijuana possession related charges under the California Health and Safety Code.

In California, marijuana possession and use of most drugs, even if it is for personal use, is a felony. Misdemeanor drug offenses include possession of marijuana, being under the influence of a drug, and possession of drug paraphernalia such as bongs, pipes or needles. It is also a felony to possess or buy illegal drugs with the intent of selling them. Evidence for intent to sell can include items such as weighing scales, large amounts of cash or cutting agents. In any drug case, it is important to look into whether the search and seizure was conducted properly by the police. Were the defendant’s constitutional rights violated? If that was the case, the court may dismiss the drug or marijuana possession charges.
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A school bus driver in Orange County has been sentenced to 151 years to life in prison for molesting and taking sexually explicit photos of three young girls. According to a news report in The Orange County Register, the 54-year-old man lured the girls, including one 7-year-old, into his car with the promise of a trip to Disneyland. He was convicted of 15 felony child molestation counts, sentencing enhancements for committing lewd acts on multiple children, substantial sexual contact with a child, and kidnapping to commit a sexual offense against a child, the report stated.

Sex crimes like child molestation, especially those against young children, are vigorously prosecuted in our criminal justice system in Orange County. If convicted, those accused of child sex abuse may face spending the rest of their lives in prison. In this case, the judge said he issued the maximum allowable sentence because, as a school bus driver, this man was a “predator” who took advantage of his position of trust to exploit and molest these young, vulnerable victims.
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Drug crimes are not only a huge problem in California, but are also a major issue of concern throughout the nation. According to recent FBI reports, drugs and drug-related offenses account for about one-third of all arrests. California has led the nation when it comes to arrests for possession and sale of controlled substances and narcotics. According to the California Department of Corrections and Rehabilitation’s statistics for 2009, 28 percent of all incarcerated inmates are there primarily for a drug offense. Last year alone, 10,310 inmates were enrolled in prison drug treatment programs.

A recent news report in The Acorn states that law enforcement officials are also aggressively pursuing drug offenders by joining forces to conduct raids – even outside of their jurisdictions. When it comes to drug crimes, it seems as if there are no boundaries. The article gives the example of a drug case in November when two Simi Valley teens were arrested on suspicion of dealing heroin in East Ventura County. Also, in September, a Simi woman was arrested for operating a cocaine delivery service, which covered Simi Valley, Thousand Oaks and the San Fernando Valley.
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A 50-year old high school teacher in Redondo Beach has been accused of engaging in lewd behavior in the presence of a student at the local high school. According to CBS news report, the teacher was arrested and booked for arranging a meeting with a minor “for purposes of engaging in lewd behavior.” Redondo Beach police officials said that the incident involved a 16-year-old girl. The teacher is accused of talking about sex and engaging in “a sexual act in her presence.” The teen reported the incident to school officials. The teacher, who has taught at the high school for eight years, is a married man with two children, according to the news article.

Sex crime charges can have devastating effects on a person’s life. As a teacher who is facing a serious sex crime charge, this individual is looking at prison time, hefty penalties and required registration as a sex offender. This could mean the end of his teaching career. He may not even be allowed to be around children or minors if convicted of this serious sex crime charge.
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A female driver was arrested for drunk driving in Los Angeles after she struck and injured three employees doing work on an underground vault for the Department of Water and Power. According to a KTLA News report, the three men were working in the 5800 block of Franklin Avenue in Hollywood, during the early morning hours, when the driver went through the work zone and hit them. The car apparently also hit a Los Angeles DWP vehicle that was parked in the work area. The woman was arrested for DUI. Two of her passengers were uninjured. However, the three workers were taken to the hospital with minor injuries.

If you have been arrested for DUI in Los Angeles, the first thing you need to remember is: you DO NOT have to plead guilty. DUI charges are usually based upon subjective opinions of the arresting officer. Law enforcement officials are trained to look for signs such as the smell of alcohol in the vehicle or on the person, slurred speech or red eyes. But you may have these symptoms even if you did not drink any alcoholic beverages. You’re not guilty just because you got pulled over or arrested.
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Local law enforcement officials seized 1,300 pounds of marijuana with a street value of $1 million. According to a news report in the Los Angeles Times, four men were arrested in the Ontario, California, home, which officials say was being used by a Mexican drug cartel. Agents apparently discovered about 1,200 pounds of marijuana inside two vehicles that were parked at the home. Another 100 pounds of pot were found inside the home along with scales, packaging materials and other documents that indicated that the pot was being sold. Investigators say the marijuana was grown in Mexico and was to be distributed across the United States.

A California drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia that is prohibited by law. Most drug offenses in the State of California are now felonies. The penalties for drug crimes in San Bernardino County, Los Angeles County or Orange County can be extremely severe. The nature or severity of the charges are usually based on the quantity of drugs seized, the intent to sell or distribute, and other factors such as use or possession of weapons, evidence that the drugs are being sold, and possession of large amounts of cash used for drug transactions. Charges also depend on a drug’s classification under the drug schedule and the purpose of the possession – whether it’s for personal use or sale.
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A 29-year-old Norwalk man was arrested, following a fatal car crash, for drunk driving after his 2000 BMW M3 collided with another a Toyota Celica, killing its 42-year-old driver. According to a Fox News report, the fatal car accident occurred on the transition road from the westbound 105 Freeway to the northbound 710 Freeway. The Toyota hit a curb and rolled over. The driver was pronounced dead at the scene. The driver of the BMW sustained moderate injuries, but was later arrested for drunk driving.

According to California Highway Patrol’s traffic accident statistics, there were 268 deaths and 5,169 injuries involving alcohol-related car accidents in Los Angeles County in 2007. In Orange County, 75 deaths and 1,501 injuries were reported as a result of DUI car accidents in 2007.
Driving under the influence or DUI is a serious violation of California law. If the car accident results in serious injury or death, the driver accused of causing the accident could be looking at vehicular manslaughter charges or even murder.
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