California Criminal Defense Attorneys

August 25, 2011

What You Need to Know about Breathalyzer Tests

There are a number of ways that the authorities try to determine if someone has been driving under the influence of alcohol. They often look for open containers of alcohol while trying to detect odd behavior and the scent of alcohol. If their suspicions continue, they may ask the driver to perform a number of field sobriety tests. Of course, the only scientific way to determine the amount of alcohol in a person’s blood stream is by taking a breath or blood test. However, a breathalyzer, which is commonly used by police officers in the field during a DUI investigation, is not always a reliable device to measure an individual’s blood alcohol concentration (BAC).

Individuals suspected of being under the influence simply have to breathe into the device for the authorities to determine the amount of alcohol in their body. While this device can be useful to determine if someone has been drinking, it is not always accurate and can result in unnecessarily serious DUI charges that are not warranted.

First of all, there are a number of circumstances that may result in an incorrect positive test. Individuals who have gastrointestinal issues or have recently ingested certain medications, breath mints or food items may test positive for alcohol even if they haven’t been drinking. Additionally, it is important that the device is properly maintained and calibrated. Failure to do so may result in inaccurate results.

August 23, 2011

Los Angeles Man Arrested for Possession of Marijuana

by Sitkoff & Hanrahan, LLP

A 23-year-old Los Angeles man faces multiple drug charges after officials found bags of marijuana in his vehicle.

According to a news report in The Redding Record Searchlight, the man was travelling from Tehama County back to Los Angeles when officials pulled him over for not having a front license plate.

The man apparently told officials that the marijuana was for his own personal use. He has been charged with transportation of marijuana for sale. Transportation of a controlled substance is a serious allegation that carries heavy penalties. An individual need not intend to sell the drugs to be charged with transportation. Mere possession of the controlled substances could result in these serious charges.

August 19, 2011

The Shortcomings of Field Sobriety Tests

by Sitkoff & Hanrahan, LLP

Authorities look for signs of intoxication before deciding whether or not to bring someone to the station on suspicion of driving under the influence. Sometimes an officer only needs to smell alcohol or see an open container in the vehicle to make an arrest. Other times, an arresting officer may conduct a field sobriety test.

Drivers may be asked to walk a straight line or stand on one leg while counting. Others may have to follow an object back and forth while the officer examines their eye movement. These tests can prove useful for the arresting officer but there are many errors that can be made during the execution of these tests and those errors sometimes lead to wrongful charges.

One of the inherent problems with field sobriety tests in California and throughout the U.S. is that they do not take into account the fact that some people cannot pass them even when sober. Some medical conditions may cause a person to fail the horizontal gaze nystagmus test even if they haven’t been drinking.

August 18, 2011

Los Angeles Youth Pastor Arrested for Child Molestation

by Sitkoff & Hanrahan, LLP

A 28-year-old man from Granada Hills has been charged with molesting a 14-year-old girl while working as a youth pastor. According to a news report in the Los Angeles Times, the alleged molestation occurred between March 2010 and May 2011 at the First Baptist Church in Venice. The alleged incidents resulted in 10 counts of a lewd act with a child, one count of contacting a minor for a sexual offense and one count of child pornography.

Sexual contact with a minor is a felony that can result in mandatory registration as a sex offender and years of incarceration. 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.”

Child molestation is a serious charge that can have life changing social and professional consequences for those who are faced with it. Even those who are accused of such crimes, but did not have any prior criminal record, suddenly find their names and photos splashed all over the news. While it is important to protect the youths of California, it is also important to remember that individuals are innocent until proven guilty.

August 12, 2011

What are the Penalties for Possession of Child Pornography in California?

by Sitkoff & Hanrahan, LLP

Possession of sexual material involving children is a serious crime in California. In such cases, determining exactly what is considered pornographic, what the intention of the material is and whether or not the suspect was even aware of the existence of the material can become complicated.

Child pornography is material that clearly depicts minors simulating or engaged in sexual conduct. Children and adults cannot legally consent to this type of activity with a minor. So such depictions of sexual conduct are illegal. Forms of sexual conduct include sexual intercourse, lewd acts, oral sex, sadomasochistic abuse, masturbation or the exhibition of genitals. Penal Code 311.11 makes it a crime to possess any material depicting these acts. The penalties for possession of child pornography in California include a fine of up to $2,500 and imprisonment for up to one year.

To obtain a conviction in a child pornography case, the prosecution will have to prove that the suspect knowingly had these types of materials in his or her possession and that the suspect was aware that the people in the pictures were underage. There are also other factors and questions that determine the course and outcome of these cases. Did the authorities legally seize the materials? Were any of the defendants’ constitutional rights violated? What was the suspect’s intent? Was the material used for some type of research? Did the defendant know that the materials were in his or her possession?

August 10, 2011

Six Arrested in Los Angeles Medical Marijuana Dispensary Raid

by Sitkoff & Hanrahan, LLP

Six people were arrested in a Los Angeles drug raid at a marijuana dispensary. According to mercurynews.com, the drug arrests occurred at the White Oak Healing Center in Northridge. Authorities say they conducted the raid after determining the center was a front for a large drug trafficking operation. Officers seized 20 pounds of cocaine, 75 pounds of marijuana and oxycodone pills. The 60-year male owner of the facility faces up to 13 years in prison and five others face up to a decade of incarceration if convicted.

Drug raids have been known to lead to wrongful arrests and excessive penalties. When the authorities arrest multiple people at one time, there is always the chance that a few of the suspects were not fully aware of what was happening or were simply in the wrong place at the wrong time. Investigators working on these types of cases will have to ask a number of questions.

What evidence led the authorities to conduct the drug raid? Were the drugs legally seized during the raid? Were the suspects read their rights during the complicated drug bust? Is there sufficient evidence linking all of the suspects to the alleged crimes? While it is important to keep illegal drugs off the street, it is also important that individuals are not wrongfully arrested or convicted.

August 8, 2011

26-Year-Old Man Arrested for DUI Dies in Ventura County Jail

by Sitkoff & Hanrahan, LLP

A 26-year-old man died when he was being held in jail following a Ventura County DUI arrest. According to ABC 7, the man was arrested on suspicion of driving under the influence of drugs or alcohol. The Chatsworth man was booked in Thousand Oaks. Later that morning, the authorities went to release him when they found him not breathing and unresponsive. He was alone in his cell and had even been served breakfast earlier that morning. An investigation is ongoing.

Any person facing potential jail time is likely to feel afraid and even overwhelmed about the unpredictable conditions they could face. Although this particular incident is rare, one can question just how common types of neglect, or even abuse, are in our prison system.

Potential jail time is one of many serious penalties that drunk drivers face in California. The authorities typically hold drivers immediately following an arrest for a short period of time. When released, the penalties continue with an immediate license suspension. Drivers charged with driving under the influence, even if it’s only a first time offense, may face jail time in addition to heavy fines, the installation of an ignition interlock device and an increase in their insurance rates.

August 3, 2011

Did Officials Fail to Advise Me about My Legal Rights?

by Sitkoff & Hanrahan, LLP

Anyone charged with a crime would be well advised to exercise his or her right to legal representation. Throughout the complicated legal process there are many instances when the alleged offender’s rights could be violated. Without the right representation, the defendant may not even realize that his or her rights have been violated.

It is the legal obligation of the authorities to notify suspects of their rights. A suspect, for example, has the right to remain silent and not answer questions. He or she also has the right to retain the services of a defense attorney. Information obtained from suspects who have not been read their rights cannot legally be used in a court of law.

Police officers may seek an admission of guilt from a suspect before an attorney arrives. This is typically done through an interrogation while the alleged offender is still in custody. It is important to remember that all individuals have the right to not answer these questions without first discussing their case with an attorney. In addition to the right to remain silent and to have a competent attorney, defendants also have the right to a fair trial and the right to be presumed innocent until proven guilty.

July 28, 2011

Blood Alcohol Limits and DUI Charges

by Sitkoff & Hanrahan, LLP

Under California law, the legal limit of alcohol in the blood stream, known as blood alcohol concentration (BAC), is .08 percent. Police officers often conduct field sobriety tests to determine if there is cause to make an arrest. There are, however, only three scientific tests to determine BAC: breath, urine and blood. All drivers who are hesitant to take one of these blood alcohol limit tests should remember the California is a “presumed consent” state, which means that it is a violation to refuse to take a BAC test.

The breath tests conducted in the field are not as accurate as the ones performed at a station. Also, there are a number of circumstances that can affect a test such as mouthwash or items in the driver’s mouth such as gum or food. It is important for the sake of accuracy that the device that is used to measure blood alcohol level is properly maintained and calibrated.

There are mistakes that can be made at the station as well. If the BAC test is a blood or urine test, the sample will be sent off to a lab. Samples can be mislabeled, contaminated, taken with items that are not sterilized or stored at improper temperatures. The results of the BAC test will determine whether or not the driver will face charges. The severity of the charges will also depend on the blood alcohol level. If you have been for driving under the influence, please remember that you do have legal rights. Anyone facing DUI charges in Los Angeles would be well advised to seek legal guidance to determine if their rights have been violated in any way.

July 26, 2011

California Criminal Database Rife with Inaccuracies

by Sitkoff & Hanrahan, LLP

The criminal record system in California is supposed to serve as an accurate report of criminal convictions. Companies that involve children, such as schools and daycare facilities for example, perform extensive background checks on their employees as they should, to keep children safe from violent offenders and sexual predators. According to a recent article in The Los Angeles Times, the California criminal records system, which almost all employers rely heavily on during the hiring process, is rife with errors and inaccuracies.

The report goes on to list a number of problems with the criminal records system. Information about a number of convictions has never been entered. Additionally, there are about 7.7 million cases where the cases’ outcome is not listed. This means that if someone was wrongfully charged, but acquitted, they could still have a criminal record – even if their charges were dismissed. It is not clear how many people have been affected as a result of these inaccuracies.

There are many consequences of being charged with a serious crime in Southern California. Anyone facing criminal charges would be well advised to seek legal guidance from a skilled criminal defense attorney. The stakes of a criminal conviction or having a criminal record are extremely high.

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