California Criminal Defense Attorneys

November 4, 2011

Understanding your Rights While Dealing with Authorities

California residents have certain rights when dealing with the authorities. Having a basic understanding of your legal rights under California law can help you protect yourself if you are arrested, accused of a crime, or simply stopped by the police. Individuals have different rights depending on whether they are in or outside of their home.

If a law enforcement officer arrives at your home, you have the right to keep your door closed. You have the right to refuse entry to your home to any officer who does not have a warrant to search the premises. If the officer has a warrant, you have the right to review it. If you choose to allow an officer into your home, anything they find may be used against you in court. If you refuse to let them in, they will have to obtain a warrant. If they return with a search warrant, it is important to remember that the warrant gives them the right to search your home, but you maintain your right to remain silent.

If a police officer stops you outside of your home, you have the right to ask the officer if you are free to go. If the officer refuses to let you go, you have the right to remain silent beyond providing your name and identification. Remember, anything you choose to say to an officer may be used against you in court. It is your right to refuse to speak with the authorities until your attorney is present.

November 2, 2011

Orange County Coach Sentenced for Having Sex with Minor

by Sitkoff & Hanrahan, LLP

A 37-year-old swim coach has pleaded guilty to multiple offenses involving sex with a minor. According to a news report in The Orange County Register, the Irvine man was sentenced in Orange County Superior Court to 16 months in state prison for having sex with a 15-year-old female student. Officials say the sexual encounters occurred between April 1, 2010 and February 18, 2011. After allegations were made against the man, the authorities interviewed other potential victims, but no additional charges were filed. The man pleaded guilty to 13 felony counts of lewd acts on a child, three felony counts of unlawful sexual intercourse, and two misdemeanor counts of contributing to the delinquency of a minor.

California Penal Code Section 288 states: “Any person who willfully and lewdly commits any lewd or lascivious act…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.”

Individuals convicted of lewd acts with a minor often face a number of consequences, including jail time, mandatory registration as a sex offender, and heavy fines. Anyone facing serious sex crime charges involving minors should get an experienced criminal defense lawyer on his or her side right away so the charges can be aggressively fought.

October 31, 2011

Driving Under the Influence Just Got Costlier in Orange County City of Westminster

by Sitkoff & Hanrahan, LLP

If you cause a DUI collision in the city of Westminster, you could be slapped with a bill as high as $12,000. According to a news report in The Orange County Register, the City Council voted unanimously to make an addition to an existing ordinance clarifying the types of situations for which drunk drivers can be billed. City officials believe that this will not only discourage drivers from getting behind the wheel while under the influence, but also add money to the city’s coffers.

Westminster Police Chief Ron Coopman says the city will aggressively go after drunk drivers to recover costs including police and fire personnel, cost of equipment used at the scene, medical assistance, and costs of conducting accident and DUI investigations. Westminster is not alone. There are 14 other police departments in Orange County that have similar programs.

This no doubt raises the already high cost of DUI penalties. Including vehicle storage fees, court costs, insurance rate hikes, fines, and DUI classes, drivers are already looking at a bill of $10,000. These city programs that charge drivers convicted of a DUI for emergency fees of up to $12,000 can bury an individual deep in debt. This is yet another reason to make sure that you have a skilled Orange County DUI defense lawyer on your side, protecting your rights and vigorously fighting all charges.

October 28, 2011

Looking Out for Los Angeles Halloween DUI Patrols and Checkpoints

by Sitkoff & Hanrahan, LLP

The Los Angeles Police Department (LAPD) has announced that it will conduct two sobriety checkpoints in Hollywood this weekend, which precedes Halloween, according to a City News Service report. Obviously, all law enforcement agencies, including the LAPD, are ramping up operations knowing very well that Halloween is a holiday when increased partying and drinking can be expected. LAPD will conduct the first sobriety checkpoint between 8 p.m. Friday and 2 a.m. Saturday at Ventura Boulevard and Big Oak Drive in North Hollywood. A DUI checkpoint will also be held between 8 p.m. Saturday and 2 a.m. Sunday at Sunset Boulevard and Bronson Avenue in Hollywood.

Los Angeles police are also advising weekend partiers to plan a safe way home before parties begin by designating a sober driver, calling a taxi, or using public transportation. Also, if you see someone who is intoxicated trying to get behind the wheel and drive away, take their car keys away and help them get home safely.

The potential penalties for a DUI conviction in California are severe, including up to six months in jail, a fine of $1,600, a six-month license suspension, mandatory installation of an Ignition Interlock Device, and required DUI program attendance. If you get stopped or arrested while passing through a checkpoint, it is important that you understand your legal rights. If it is determined that you were improperly detained or stopped at a sobriety checkpoint, your charges may be dismissed.

October 25, 2011

Orange County Brothers Arrested on Suspicion of Molestation

by Sitkoff & Hanrahan, LLP

Two brothers, ages 33 and 35, have been accused of lewd acts with young girls in Orange County. According to a news report in the Los Angeles Times, the alleged sex crimes occurred between May 2010 and August 2011 in Fullerton. Officials say that the two brothers allegedly committed these acts with a 3-year-old girl and a 7-year-old girl in a converted garage. The multiple charges the two men face include lewd acts on a child and sexual penetration of a child. They are being held on a $1-million bail in Orange County.

Lewd conduct according to California Penal Code section 288 includes, “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.”

Individuals facing sex crime charges involving children often suffer professional and social consequences in addition to severe criminal penalties. The consequences for lewd behavior with a child under the age of 14 include prison time, heavy fines, and mandatory registration as a sex offender for life.

October 21, 2011

Consequences of Driving Under the Influence of Drugs in Los Angeles

by Sitkoff & Hanrahan, LLP

DUI California Arrest It is a crime in California to drive under the influence of drugs (DUI). The term “drugs” covers all substances that may affect a driver’s ability to safely operate a vehicle, including drugs that fall under the “recreational” category, prescription drugs, and over-the-counter drugs that may induce drowsiness. In fact, any substance that alters the user’s nervous system, brain, or coordination may lead to DUI charges, depending on the circumstances.

Drug-related DUI cases are more complicated than those that involve alcohol because there is no determined level of illegal drug impairment. In California, it is a crime to drive with a blood alcohol concentration of .08 percent or greater. Drug-related incidents, however, are left up to the discretion of the arresting officer and the prosecution. There is no particular measure of intoxication or impairment when it comes to drug-related cases.

Driving under the influence of drugs carries heavy penalties in California. Even first-time offenders could end up facing three to five years of probation, fines of up to $2,000, up to six months in county jail, a six-month license suspension, and mandatory DUI education classes. The severity of the charges is often linked to the defendant’s driving record, the circumstances of the case, and the ability of the defense attorney to negotiate lesser terms.

October 19, 2011

Man Pleads Not Guilty to Sex Crime Charges in Ventura County

by Sitkoff & Hanrahan, LLP

A 38-year-old Ventura County man has pleaded not guilty to sex crimes involving a child under the age of 14. According to a news report in The Ventura County Star, the man pleaded not guilty to all charges including committing a lewd act on a child and copulation of a person under 14. He was booked at the Ventura County jail for the incident that allegedly occurred on June 1, 2011.

Lewd conduct in Los Angeles, according to California Penal Code section 288, includes “any person who willfully and lewdly commits any lewd or lascivious act … 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.”

It is important for the authorities to protect the youths of California, but it is also important that suspects in sex crime cases are offered a fair opportunity to defend themselves. It is common in cases involving children for false allegations to be made and for an individual’s reputation to be tarnished simply by of the accusation of a sex crime. Those convicted of sex crimes are also required to register as a sex offender and their information can be viewed by the public through the Department of Justice’s Megan’s Law database.

October 14, 2011

Los Angeles DUI Offenders May Have to Wear SCRAM Alcohol Monitoring Device

by Sitkoff & Hanrahan, LLP

Individuals charged with driving under the influence of alcohol face a number of consequences if convicted. One of those consequences is the requirement to wear an alcohol monitoring device. SCRAM stands for Secure Continuous Remote Alcohol Monitor. It is a small device worn like an ankle bracelet that helps determine the amount of alcohol in a person’s body. If you are facing DUI charges, you may be forced to wear a SCRAM device in California for a prolonged period of time. This means that your alcohol intake will be monitored automatically approximately every hour. Unfortunately, these devices are not always accurate and it is common for individuals to face additional penalties as a result of false readings.

There are two types of DUI offenders who may be required to wear a SCRAM device: repeat DUI offenders and individuals who have a serious alcohol abuse problem. Convicted offenders may be required to wear it anywhere from 30 days to a year. These restrictive devices are tamper-resistant and any attempt to remove them will alert the authorities.

The problem with these devices is that they are not perfect. A false reading can occur, for example, if the wearer is producing acetone while breaking down fats. Eating certain types of food can also trigger a false reading. Despite the fact that these devices can be erroneous, the courts continue to force them on DUI offenders.

October 12, 2011

Feds Crack Down on California Medical Marijuana Dispensaries

by Sitkoff & Hanrahan, LLP

Since medical marijuana in California became available, marijuana dispensaries have become a billion dollar industry. According to an October 8, 2011 report by Bloomberg, federal officials have promised to crack down on marijuana dispensaries in Southern California by going after property owners who allow these businesses on their properties. Federal officials say the California law permitting the cultivation and sale of marijuana for medical purposes is being abused. The Board of Equalization (BOE) reports that approximately 400,000 Californians now use pot on a daily basis.

On November 5, 1996, Californians voted to approve Proposition 215 which allows the use of marijuana for medical purposes. Starting the next day, California Health and Safety Code 11362.7 – 11362.83 removed state-level criminal penalties for medical marijuana use. However, marijuana remains on the federal government’s list of controlled substances. In California, patients who have been diagnosed with debilitating illnesses, such as cancer, may have marijuana prescribed to them to offer some relief from the pain and suffering they undergo. Many also choose to use marijuana instead of other prescription medications to alleviate problems such as back pain.

Anytime there is a crackdown on drug use, there is the potential for innocent individuals to face wrongful charges. Dispensary workers and owners are facing harsh penalties despite having facilities that follow the many required rules and regulations. Users who are legally prescribed marijuana may face wrongful charges during the crackdown as well. Anyone charged with a marijuana crime in Los Angeles would be well advised to discuss his or her case with a skilled drug crime lawyer.

October 10, 2011

What Should You Know about California DMV Hearings?

by Sitkoff & Hanrahan, LLP

If you have been arrested in Los Angeles for driving under the influence of alcohol, you will face a license suspension by the Department of Motor Vehicles (DMV). Following the arrest, the officer responsible for making the arrest will send notice to the DMV for an automatic suspension or revocation of your driver’s license within the next 30 days. But it is possible for the driver to delay or even dismiss a license suspension by requesting a DMV hearing.

All California drivers have the right to a DMV hearing. But such a request must be made within 10 days of the arrest. Drivers who choose to fight the automatic suspension should know that they will still be required to appear in court in connection with the DUI charges. The DMV hearing is a separate proceeding. The point of a DUI court case is to determine whether or not the driver was guilty of driving under the influence; however, a DMV hearing involves the driving privileges of the person facing a license suspension. During the hearing, a skilled DUI attorney will examine the results of the DUI test, the accuracy of the California breath test, whether the arresting officer had reasonable cause, and the circumstances of the arrest.

If mistakes are made or if there is reasonable doubt as to whether or not the driver was wrongfully arrested, the automatic license suspension may be dismissed. Additionally, the outcome of the DMV hearing may have a direct effect on the DUI court case. This is why it is important to have a skilled DUI attorney to represent you throughout the hearing and court proceedings.

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