California Criminal Defense Attorneys

April 3, 2012

Singer Bobby Brown Charged with DUI in Los Angeles

Singer Bobby Brown faces multiple charges after a traffic stop led to a DUI (driving under the influence) arrest. According to an MSNBC news report, Brown was arrested in Los Angeles. Officials pulled Brown over for talking on a cell phone while driving when they began to suspect he had been drinking. According to the report, Brown failed a CA field sobriety test and was booked at the Van Nuys jail. He has a prior drunk driving conviction on his record and he now faces three misdemeanors for the incident that could result in up to a year in jail.

A number of questions arise whenever a DUI arrest results from a CA field sobriety test. How many tests were given? Was the arresting officer qualified to perform the tests? Were the tests given on a flat and even surface? Was the driver suffering from any medical conditions that may have affected the test? Was he properly notified of his rights? Was a breath test performed at the site? When was the last time the Breathalyzer was calibrated?

There are ample opportunities for mistakes to be made during a DUI traffic stop. It is important that the rights of the driver are not violated and that wrongful charges do not result in a conviction. In addition, the penalties for repeat DUI drivers can be severe. Therefore, it is crucial for drivers to seek the guidance of a skilled DUI defense attorney before discussing the details of the incident with the authorities.

March 29, 2012

New California Bill Could Result in DUI Charges for Unimpaired Drivers

by Sitkoff & Hanrahan, LLP

A new California bill introduced by Assemblywoman Norma Torres, D-Chino, aims to make it a crime to drive with any level of marijuana in your blood or urine. According to a news report in The San Gabriel Valley Tribune, this is a controversial bill because marijuana can remain in your blood stream for up to 30 days. Torres says that the bill is important because we currently do not collect data involving collisions resulting from marijuana use. Unfortunately, individuals who are not impaired but who may have used marijuana in the last 30 days may face a California DUI (driving under the influence) charges if the bill gets signed into law.

An official with NORML, a non-profit organization, has stated that the bill essentially criminalizes every marijuana user who chooses to drive. It is not clear how the bill will deal with individuals who have a legal prescription to use medical marijuana. The new bill will make it a crime for them to drive within a month of them using their legally prescribed medication.

As California law currently stands, the prosecution must prove not only that a driver had marijuana in their system but also that the driver was impaired at the time of the arrest. Was the motorist actually impaired or was marijuana just in their system? Did the motorist exhibit signs of impairment such as swerving, speeding, or driving carelessly, or did the arrest result from a blood test that does not reflect the driver’s ability to safely operate his or her vehicle? These are some of the important questions to ask in such cases.

March 27, 2012

Anaheim Man Charged with Sexually Assaulting Two Boys

by Sitkoff & Hanrahan, LLP

A 37-year-old Anaheim man has been arrested for allegedly assaulting two boys and recording it. According to a CBS Los Angeles news report, one of the alleged lewd acts occurred in Santa Ana between 2007 and 2008 and the other occurred between 2009 and 2011. Officials say the man secretly photographed and recorded the boys in the restroom in addition to molesting an 11-year-old sleeping boy and a 9- to 11-year-old boy who was awake at the time. Officials were allegedly watching the home to investigate a child pornography case when they traced a download of commercial child pornography to the residence.

After they made an arrest on March 1, 2012, they learned about the alleged sexual assaults in California. He faces three felony counts of lewd acts on children, two felony counts of possession of child pornography, and a felony count of distributing child pornography punishable by up to 45 years to life in prison.

Under California Penal Code 288: “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.”

March 21, 2012

Los Angeles Substitute Teacher Charged with Child Molestation

by Sitkoff & Hanrahan, LLP

A 29-year-old male substitute teacher was charged with child molestation after an alleged incident with a female junior high student. According to a CBS Los Angeles news report, the alleged molestation incident occurred at Los Coyotes Middle School in La Mirada. The girl’s mother alleged that the man touched her daughter inappropriately and, after speaking to students and staff, officials arrested the man for misdemeanor child molestation. He was charged on March 14.

In a case involving child molestation or a lewd act with a child, the prosecution will have to prove that the defendant willfully touched any part of the child’s body with the intent of arousing or appealing to the sexual desires of the defendant or the child. The details of the alleged incident will have to be examined thoroughly, including not only what form of touching actually took place, but also the intention behind the act.

It is common for individuals who work with children to be wrongfully charged and even convicted of lewd acts with a child after a misunderstanding or a false allegation. While it is important to protect innocent children, it is also important to investigate allegations thoroughly. A conviction for child molestation or a lewd act can have a devastating impact on an individual’s social standing, career, and future.

March 19, 2012

What to Do if you have Been Arrested at a Los Angeles DUI Checkpoint

by Sitkoff & Hanrahan, LLP

Los Angeles law enforcement officials are actively attempting to crack down on drunk driving by utilizing DUI patrols and DUI checkpoints. DUI checkpoint arrests are different from DUI arrests that result from a traffic stop in a number of ways. For example, police at checkpoints cannot prove that a person’s driving ability was impaired because he or she did not witness erratic or dangerous driving before speaking with the driver. Additionally, not all checkpoints are valid, and there are a number of mistakes that officers can make during the arrest.

All Los Angeles checkpoints require a supervising officer in charge of the roadblock, a public notice as to where and where the checkpoint will be held, and a route to drive away from the checkpoint. When pulling up to the checkpoint, an officer may stop you to ask a few questions. If the officer suspects that you have been drinking, he or she may ask for your license and registration. Officers at checkpoints will also be looking for the smell of alcohol, evidence of alcohol, or slurred speech.

If you have been stopped at a checkpoint or have been arrested on suspicion of driving under the influence, it is important that you remain calm, answer questions honestly, and cooperate with the officers. If you are worried that you will say the wrong thing, it is your right to refuse to speak without an attorney. It is important to remember, however, that refusing to cooperate will likely result in an arrest and a trip to the police station for an official DUI breath test.

March 15, 2012

Dozens Arrested in Los Angeles County Prostitution Sting

by Sitkoff & Hanrahan, LLP

More than 30 people were arrested in a Los Angeles County undercover prostitution sting involving female officers pretending to be sex workers. According to a CBS News report, the operation was conducted from 4 a.m. March 7, 2012 till 12 a.m. March 8, 2012 in Sun Valley on Lankershim Boulevard between San Fernando Road and Neenach Street. Among the many people arrested for soliciting prostitution is a 42-year-old man who works for the Los Angeles County Department of Children and Family Services. In addition to facing criminal charges, he has already been put on unpaid administrative leave during the proceedings.

According to California Penal Code Section 647: “Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (b) who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.”

It is common for individuals facing a disorderly persons or a misdemeanor charge to not take it seriously and fail to get quality legal representation. A conviction for lewd behavior or prostitution in California can result in heavy fines and jail time. Additionally, individuals accused of prostitution related charges might experience social and professional consequences.

March 13, 2012

Stepped Up DUI Enforcement on St. Patrick’s Day in Los Angeles

by Sitkoff & Hanrahan, LLP

Each year, the Los Angeles Police Department and other police agencies in Los Angeles, Orange, and Ventura counties step up drunk driving enforcement during the holidays. This is also true for St. Patrick’s Day, which is not an official holiday, but is certainly a day that is famous for its raucous parties. Enjoying time with your friends and family members is an important part of any holiday. However, it is critical that you remember to not get behind the wheel while under the influence. Law enforcement agencies will be conducting Los Angeles St. Patrick’s Day DUI checkpoints and will be on the lookout for drivers who are operating vehicles while under the influence.

There are several steps we as drivers can take to avoid a DUI arrest this St. Patrick’s Day. First and foremost, it is important to avoid driving under the influence at any cost. Do not drive drunk and do not let your friends or party guests drive drunk either. If you plan on partying this St. Patrick’s Day, please assign a designated driver. If you have been drinking and cannot find a designated driver, call a cab or remain at the location of the party until you are sober and fit to drive.

The consequences of a California DUI arrest and/or conviction are severe in Los Angeles. Some of the most common consequences include: jail time, mandatory alcohol education programs, installation of an ignition interlock device, hefty fines, court costs, and an increase in insurance premiums.

March 8, 2012

Unlicensed Driver Faces Drug Charges in Los Angeles

by Sitkoff & Hanrahan, LLP

A 25-year-old man faces possession, sale, and transportation charges after Los Angeles County officials allegedly found $52,000 worth of cocaine and methamphetamine in his vehicle. According to a news report in the Los Angeles Times, the man was pulled over near Canyon Country Road and the 14 Freeway. Officials claim that they saw indications of narcotics activity and used a drug-sniffing dog to search for the drugs. Hidden in the car was more than two pounds of cocaine and about a pound of methamphetamine. The man is being held without bail.

There are legal options for individuals charged with simple drug possession to avoid jail time through rehabilitation services and other alternative sentencing options. When these charges are increased to selling or transporting charges, the charges and potential penalties can increase substantially.

According to the California Health and Safety Code 11352 HS, “Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance” shall be punished by imprisonment.

March 6, 2012

Professional Boxer Julio Cesar Chavez, Jr. Charged with DUI

by Sitkoff & Hanrahan, LLP

Boxer Julio Cesar Chavez Jr. has been officially charged with DUI (driving under the influence) stemming from an incident that occurred earlier in the year in Los Angeles. According to a TMZ report, Chavez Jr. was arrested in January after a routine traffic stop in Los Angeles. Officials approached his vehicle and allegedly detected a strong odor of alcohol. After taking a number of field sobriety tests, he was booked for DUI. The March 2, 2012 report states that the champion boxer faces three CA misdemeanor charges, including two for drunk driving and one for driving without a valid license. He could face up to a year in county jail and a $1,000 fine. He is due back in court later in March.

According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” To determine if a driver is under the influence, officials may conduct field sobriety tests or administer a Breathalyzer test. In either case, there is the potential for mistakes to be made and for harsh penalties to result from wrongful assumptions.

Anyone facing DUI charges in Los Angeles would be well advised to seek the counsel and guidance of a skilled Los Angeles DUI defense attorney before discussing the incident with the authorities. There are severe consequences for driving under the influence of alcohol in California, and saying the wrong thing to a police officer can be costly. A knowledgeable defense attorney will review the circumstances of the case and help defendants protect their rights.

February 24, 2012

Charges Stemming from Fatal Los Angeles DUI Collisions

by Sitkoff & Hanrahan, LLP

Cases involving fatal car accidents can be extremely complicated and often lead to life-changing penalties. Penalties in drunk driving cases can increase dramatically when an accident results in fatalities. These are charges that could result in severe punishment, such as lengthy prison time and hefty fines.

A person who causes a fatal car accident while under the influence could face California vehicular manslaughter or even murder charges. Under 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” involved alcohol consumption. In such cases, drivers may face drunk driving charges as well as vehicular manslaughter charges.

Vehicular manslaughter involving alcohol without gross negligence can result in a county jail sentence up to one year or 16 months, or even a two or four year state prison sentence. Vehicular manslaughter with intoxication and gross negligence can result in a one-year county jail sentence or up to 10 years in state prison. Repeat DUI offenders in California could face murder charges.

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