California Criminal Defense Attorneys

October 7, 2011

Musician Cecilio Rodriguez Charged with Sex Crimes

Performer Cecilio Rodriguez has pled not guilty in Compton Municipal Court to sex crime charges in connection with incidents that allegedly occurred more than a decade ago. According to a news report in The Concert Hotwire, Rodriguez has been accused of sex crimes with a girl between Nov. 6, 1997 and No. 5, 1999 and a second girl between May 6, 1996 and May 5, 1998. At the time of the alleged incidents, the girls were 5 and 8 years old, respectively. The singer faces a maximum sentence of 10 years in prison if convicted of these charges.

California Penal Code Section 288 states, “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.”

It is important that the children of California are protected from sexual predators. At the same time, it is also important that individuals charged with sex crimes are given a fair trial and that false allegations do not result in a wrongful conviction. A sex crime conviction, especially one involving minors or young children, can result in serious consequences including prison time, hefty fines, and mandatory sex offender registration for life. Sex offenders are often ostracized from the communities in which they live despite having served their time.

October 5, 2011

The Seriousness of Facing Vehicular Manslaughter Charges in California

by Sitkoff & Hanrahan, LLP

When a driver’s negligence results in a fatal car accident, he or she may face vehicular manslaughter charges. Vehicular manslaughter results in serious penalties including years of incarceration and thousands of dollars in fines. Anyone facing southern California vehicular manslaughter charges would be well advised to immediately seek legal guidance.

Penal Code 191.5(b) is the “Vehicular Manslaughter while Intoxicated” law in California. Anyone involved in a fatal car crash while driving under the influence of drugs or alcohol may face a gross vehicular manslaughter while intoxicated charge. The prosecution will have to prove that the defendant was under the influence of drugs or alcohol, an unlawful or dangerous act was committed, and the defendant’s negligence resulted in the victim’s death.

Violation of the penal code may result in a misdemeanor or a felony. Regardless of the charges, the penalties can prove to be costly for the defendant. A misdemeanor conviction for vehicular manslaughter while intoxicated could result in up to one year in jail and a fine of up to $1,000. A felony conviction could result in up to four years in state prison with the possibility of additional years and a $10,000 fine. Motorists may also face vehicular manslaughter in cases that do not involve alcohol. Speeding, running a red light, distracted driving, street-racing, or reckless driving are all examples of other scenarios where drivers can be charged with vehicular manslaughter.

October 3, 2011

Orange County Hockey Mom Faces Sex Crime Charges

by Sitkoff & Hanrahan, LLP

A 44-year-old Orange County mother has been charged with having sex with her son’s hockey teammates. According to an MSN news report, the alleged sex acts involved a minor under the age of 16 and another under the age of 14. The report states that the woman threw parties for son’s hockey team during which she provided alcohol. During an investigation into whether or not she had a sexual relationship for over a year and a half with a boy who is now 18, a younger boy stepped forward and told officials he had a sexual relationship with the woman as well.

In California, the charges someone may face for lewd acts with a minor are directly tied to the age of the victim. The most serious of the California Penal Code 288 laws involve conduct with a child under the age of 14. Child molestation, for example, may involve a lewd act with a child under 14 or a child who is 14 or 15 but is 10 years younger than the defendant. Individuals under the age of 18 cannot legally provide consent to have sex. In such cases, an adult who has sex with a minor can be charged with statutory rape in California – regardless of the defendant’s belief that the act was consensual.

The consequences of a sex crime charge can be devastating. Even if the defendant is not convicted, the allegations alone can have a tremendous impact on a person’s reputation. Fighting these types of charges can be challenging, not to mention emotionally devastating. The experienced Orange County sex crime defense attorneys at Sitkoff & Hanrahan fight hard to protect the rights of our clients. If you or a loved one is facing a sex crime charge, please call our offices at 866-430-8383 to discuss your case at absolutely no cost.

September 26, 2011

“That’s So Raven” TV Actor Orlando Brown DUI Arrest Raises Important Questions

by Sitkoff & Hanrahan, LLP

The DUI arrest of “That’s So Raven” star Orlando Brown raises issues about what actually constitutes driving in a drunk driving case. According to Brown’s manager, the 23-year-old actor was not actually driving at the time of his drunk driving arrest. TMZ has reported that the actor has admitted to drinking three glasses of wine in his home back on August 12, 2011. The actor said he then waited in his car outside his home to play his new CD for a friend. Officers saw that the vehicle did not have a license plate, stopped to speak with Brown, and arrested him for DUI. Brown is claiming that he was only sitting in the car and not driving.

The question here is: Do you even have to drive to be convicted of driving under the influence? The answer is: Not always. In 2007, a Minnesota man was convicted of driving under the influence after falling asleep in his vehicle while drunk. He clearly had not been driving as the engine was cold and the car was not able to start. An AOL report on the incident suggests that he may have faced unnecessarily harsh treatment because he had a prior DUI offense on his record. A separate AOL report cited cases in which a Florida man was arrested for a DUI while listening to loud music in his parked car, and also a North Carolina woman who fell asleep in a car that was parked at a fast food restaurant with the engine left running.

If the suspect had physical control of the vehicle while intoxicated, there is a chance that he or she may face DUI penalties. If the key is in the ignition, for example, that shows intent to drive. If the engine is running, that shows that the driver intended to operate the vehicle. These are some aspects officials may consider before making a DUI arrest in such cases.

September 23, 2011

Laguna Niguel Man Charged with Sexual Assault in Orange County

by Sitkoff & Hanrahan, LLP

A 53-year-old male resident of Laguna Niguel has pleaded not guilty to several sex crime charges. According to a news report in The Orange County Register, the incidents occurred as far back as July 2007 and as recently as August 13, 2011. The accusations include inappropriate touching, showing women porn on his work computer, and attempts to rape women in the storage area of his rug store.

It is common in cases involving sex crimes for multiple accusers to step forward. A skilled criminal defense attorney will carefully examine the motives behind each allegation. While it is important for the truth to come out and for justice to be served, it is also important that individuals are not wrongfully accused of crimes they did not commit.

Sex crimes carry heavy penalties in California, including jail or prison time, hefty fines and mandatory registration as a sex offender. Information about sex offenders is also available through the Department of Justice’s website. This can make it extremely difficult for convicted sex offenders to get a job, a professional license, or even a place to live. Individuals facing one or more sex crime offenses have it in their best interest to seek the counsel of a skilled lawyer who has experience handling similar cases. A knowledgeable defense lawyer will be able to work toward getting the charges dismissed or reduced.

September 22, 2011

San Juan Capistrano DUI Checkpoint Scheduled to Kick-Off Fall

by Sitkoff & Hanrahan, LLP

A driving while under the influence (DUI) and driver’s license checkpoint is scheduled for Friday, September 23 between 6:30 p.m. and 2:30 a.m. in San Juan Capistrano at an undisclosed location. According to The Capistrano Dispatch, the Orange County Sheriff’s Department will run the checkpoint, which is part of a grant provided by the State of California Office of Traffic Safety through the National Highway Traffic Safety Administration (NHTSA).

The Orange County DUI checkpoint is intended to catch drivers who are driving under the influence of alcohol or drugs and/or driving a vehicle without a driver’s license. However, the logistics behind a DUI arrest at a checkpoint are not usually that straightforward.

Field sobriety tests (FSTs) typically used at DUI checkpoints are often subject to interpretation, not expertise, on the part of law enforcement. Certain medical conditions or other states can lead an officer to believe a person has been drinking alcohol or taking drugs when in reality, they have not. Moreover, Blood Alcohol Concentration (BAC) tests are not always properly administered, leaving the accuracy of these tests and their results in question. While it is definitely important to keep our roads safe and prevent accidents, it is also important to ensure that innocent people aren’t prosecuted for an offense they didn’t commit.

September 19, 2011

Who is Responsible for Damages Suffered in DUI Car Accidents?

by Sitkoff & Hanrahan, LLP

If you have been charged with driving under the influence resulting in an injury accident in California, you probably have a number of questions. Will I face additional California DUI penalties? Who will have to pay for the injured party’s medical bills? Will I face civil penalties in addition to the criminal charges? Every case is different and it may be in your best interest to seek legal guidance regarding the specifics of your case.

In general, there are potential additional criminal charges when a drunk driving incident results in injuries. Injured victims of drunk drivers have the legal right to pursue compensation for their losses through civil litigation. This means that individuals arrested for driving drunk in California, in addition to criminal charges, may also be held financially responsible for the medical bills and other losses suffered by the alleged victim.

The good news is that most insurance policies cover the damages caused in a crash. There are some policies, however, that exclude covering damages suffered when the policyholder is under the influence of alcohol. Therefore, it is imperative that all California motorists have an understanding of the specifics of their policy. Even if you do not have to pay for the medical bills related to the accident, you will more than likely see a substantial increase in your insurance premiums. Many convicted DUI offenders must purchase high-risk drivers auto insurance, which can be very expensive.

September 16, 2011

Orange County Math Tutor Accused of Lewd Act

by Sitkoff & Hanrahan, LLP

A 63-year-old math tutor has been arrested on suspicion of lewd acts with a student in La Palma, according to a news report in The Orange County Register. Officials say he owns a learning center in Norwalk. The arrest occurred after a child was allegedly overheard discussing inappropriate touching. Officials are looking into whether there were other victims.

According to California Penal Code Section 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 and shall be punished by imprisonment in the state prison for three, six, or eight years.”

Such sex crime charges can be devastating both personally and professionally for defendants. People who are in a position of trust or power or those who work with children are particularly vulnerable as simply an accusation of a lewd act or sexual assault can end careers for those who work with children. Consequences of a sex crime conviction in Orange County include imprisonment, fines and mandatory registration as a sex offender.

September 15, 2011

Record Number of DUI Arrests in Orange County over Labor Day Weekend

by Sitkoff & Hanrahan, LLP

Orange County saw a substantial increase in drunk driving arrests over the Labor Day holiday weekend. The Orange County Register reported that 262 people were arrested for DUI in Orange County from September 2 through 5. This is a substantial increase from the 187 Labor Day weekend DUI arrests in 2010. The recent increase in enforcement was part of the “Avoid the 38” DUI enforcement program that resulted in 856 arrests from Aug. 19 through Sept. 5

It is not clear if this aggressive enforcement has resulted in fewer DUI collisions or fewer incidents involving drunk drivers. It has, however, likely resulted in many more individuals forced to struggle with license suspensions, heavy fines and an increase in insurance premiums.

Any time there is a crackdown on drunk driving there is the potential for an increase in wrongful DUI arrests. Police officers who are specifically searching for signs of drunk driving are more likely to see signs of intoxication where it doesn’t exist. Arresting officers conducting field sobriety tests, for example, may mistake fatigue or illness for driving under the influence.

September 1, 2011

Southern California Police Prepare for Labor Day DUI Crackdown

by Sitkoff & Hanrahan, LLP

Almost all law enforcement agencies are out in full force during the Labor Day weekend. The period between Memorial Day and Labor Day is when drunk driving enforcement is at its highest and strongest. According to The Governors Highway Safety Association (GHSA), California’s 41 countywide “Avoid DUI” task forces, as well as 111 individual local jurisdictions, are mounting special enforcement campaigns from Aug. 19 to Sept. 5. This increased enforcement includes additional officers patrolling the roadways and a substantial increase in DUI checkpoints.

Under state law, law enforcement agencies are required report where they plan to have a DUI checkpoint. Information about these sobriety checkpoints may be found in local papers and on news websites. For example, KPCC reports that in Los Angeles there will be checkpoints at Figueroa and 9th streets, Manchester Avenue and Broadway and at Sunset Boulevard and Hoover Street. This campaign is titled “Avoid the 100” because there are 100 police agencies participating in this special task force.

The National Highway Traffic Safety Administration (NHTSA) reports that nearly 11,000 people die in alcohol-related car accidents every year. Clearly, drunk driving is a serious problem in the United States and it is important to keep our roadways safe this holiday weekend. However, sobriety checkpoints and holiday crackdowns can result in wrongful arrests. Those who are arrested will potentially face all the serious consequences that come with a drunk driving charge and conviction. A DUI conviction could result in jail time, probation, loss of driver’s license, mandatory enrollment in an alcohol education program and installation of an ignition interlock device.

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