California Criminal Defense Attorneys

June 17, 2011

Orange County Man Arrested on Child Annoyance Charges

A 29-year-old Orange County man has been charged with child annoyance in connection with incidents involving four teenage girls on multiple occasions. According to a news report in The Orange County Register, the man faces up to six years in prison. Officials say the man approached the teenagers three days in a row outside their school. According to the report, the man tried to have extended conversations with them and tried to get their phone numbers. He was arrested in his Whittier home after the authorities created a composite drawing based on descriptions and a subsequent photo lineup.

Under California Penal Code Section 647.6: “Every person who annoys or molests any child under 18 years of age shall be punished.” Also, every person who, “motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age,” may face penalties including prison time.

A person does not actually have to even touch an alleged victim to be charged with these serious sex crimes in California. It is important that the authorities keep potentially dangerous individuals away from young victims, but it is equally important to protect the rights of individuals who did not commit a crime. An experienced Whittier sex crime defense attorney can review the circumstances of a case to determine if the charges can be reduced or dismissed.

June 15, 2011

Sixteen People Arrested in Ventura County on Drug Charges

by Sitkoff & Hanrahan, LLP

A total of sixteen people were arrested throughout Santa Barbara, Los Angeles and Ventura Counties following a six-month drug ring investigation. According to a news report in The Ventura County Star, the Santa Barbara Regional Narcotic Enforcement Team seized 16 grams of rock cocaine and 12 pounds of methamphetamine during this bust. Not only were the 16 people arrested, but eight children were also removed from their homes under the Drug Endangered Children Program. The report states that warrants were served during the June 9, 2011 drug raid and that the authorities obtained $200,000 in cash and five handguns in addition to the drugs.

Major drug busts that result in the arrests of multiple people at numerous locations can become immensely complicated. Authorities do their best to make sure that those directly connected to criminal acts are penalized. Unfortunately, it is common in these types of cases for certain individuals to be penalized more than others and for some people to be wrongfully arrested for just being in the wrong place at the wrong time.

Drug charges in California relating to possession and distribution often results in lengthy incarceration and heavy fines. Anyone facing serious drug charges would be well advised to immediately seek legal guidance before discussing the specifics of the case with the authorities.

June 9, 2011

Santa Ana Man Arrested for Child Sexual Abuse

by Sitkoff & Hanrahan, LLP

A 34-year-old man from Santa Ana has been arrested for lewd and lascivious acts with a child under 14. According to a news report in The Orange County Register, the arrest occurred in Santa Ana. Officials say the man was charged after an 8-year-old girl told an adult female relative that the suspect touched her. He has been charged with numerous felonies including oral copulation and rape.

Lewd act with a child is defined by California Penal Code section 288 as inappropriate touching of a child under the age of 14 for the purpose of sexual gratification. This is clearly a very serious allegation. There is no question that our children should be protected from sexual predators. Unfortunately, this is a crime that commonly involves false allegations or even misunderstanding. The impact of sex crime allegations can be significant for anyone. A person does not have to actually end up being convicted in order to face serious personal and professional consequences.

An experienced Orange County sex crime defense attorney will fight to ensure that false allegations do not result in a wrongful conviction. There are many questions to be asked in any sex crime case. Is there forensic evidence against the defendant or is the case built on hearsay? Were there any witnesses to the alleged crime?

June 7, 2011

Man Charged with DUI after Crashing into Plane at John Wayne Airport

by Sitkoff & Hanrahan, LLP

A 56-year-old man has been charged with driving under the influence after being involved in an Orange County car crash. According to a news report in The Orange County Register, the suspected drunk driving accident in Irvine occurred at John Wayne Airport. Police say that the man drove over a curb, through a fence and crashed into a private plane. No one was hurt in the accident but the plane began to leak fuel following the collision. The driver was arrested for DUI.

It is illegal to operate a motor vehicle under the influence of alcohol and/or drugs in California. 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.”

Drivers convicted of driving under the influence of alcohol in southern California face a myriad of potential penalties. Consequences for a first time DUI conviction include a four-month license suspension, jail time of up to six months, heavy fines and the installation of an Ignition Interlock Device. The costs of DUI including attorneys’ fees, court costs and fines can add up very quickly as well.

June 3, 2011

148 Orange County Drunk Driving Arrests Over Memorial Day Weekend

by Sitkoff & Hanrahan, LLP

Orange County saw a jump in drunk driving arrests this year over the Memorial Day holiday weekend. An OC Register article reports that 148 individuals in Orange County were arrested for driving while under the influence.

Checkpoints and saturation patrols were held from Friday, May 27, to the night of Monday, May 30. During this enforcement period last year, 139 DUI arrests were conducted. According to the article, arrest numbers are anticipated to be even higher since some law enforcement agencies in Orange County haven’t yet reported their DUI arrest results for the weekend.

The Memorial Day DUI crackdown was led by the multiagency anti-DUI task force known as “Avoid the 38,” which is made up of the Sheriff’s Department, local police departments, and the California Highway Patrol.

May 27, 2011

Sports Illustrated Model and Actress Estella Warren Arrested in Los Angeles for DUI

by Sitkoff & Hanrahan, LLP

Sports Illustrated model and “Planet of the Apes” actress, Estella Warren was recently arrested for driving under the influence and crashing her Toyota Prius into some parked cars on Harper Avenue south of Melrose near the West Hollywood area. According to The Daily Breeze, she is also accused of fighting with police, slipping off her handcuffs, and running out of a police station. She was released after posting a $100,000 bail. She is facing charges of driving under the influence and battery on a police officer.

Driving under the influence of alcohol and or drugs is illegal under California law. 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.” The same section also states that it is illegal for anyone to drive with a blood alcohol content (BAC) of 0.08 percent or higher.

Whether a DUI case in California involves a celebrity or an average citizen, DUI laws do not change. If you have been arrested for DUI, you must contact the Department of Motor Vehicles (DMV) within 10 days of the arrest to request a hearing or to stop your automatic driver license suspension. If this is your first offense, your license could be automatically suspended for four months. If this is your second offense, you could lose your driving privilege for a year if you fail to contact the DMV.

May 25, 2011

Three Arrested on Drug Charges in Ventura County

by Sitkoff & Hanrahan, LLP

Three men were arrested in Thousand Oaks recently for allegedly being under the influence of a controlled substance and possessing methamphetamine, according to The Ventura County Star. Ventura County Sheriff’s deputies say there were alerted about a group of individuals who were at a Radio Shack in Moorpark buying a police scanner. Deputies later spotted the group and arrested the three men on drug charges, and were reported to have been in a stolen vehicle. A woman who was with them was arrested for alleged strong-arm robbery. An investigation is ongoing.

A drug offense in Ventura County usually involves the possession, sale or transportation of any drug, intoxicant or drug paraphernalia that is prohibited by law. A majority of drug offenses in California are felonies. Whether a drug crime is charged as a misdemeanor or felony depends on the quantity of drugs seized, the circumstances of the arrest, and the prior criminal history of the defendant. The consequences of a drug crime conviction can also be extremely severe. Depending on the nature and severity of the charges, a defendant could be looking at time in prison, hefty fines, or entering into a mandatory drug rehabilitation program.

For first-time drug offenders, alternative sentencing options may be available. Proposition 36, for example, allows a person convicted of a non-violent drug crime to get probation and drug treatment instead of jail time. Both first-time and repeat offenders may be able to participate in “drug court,” which is a special court that closely supervises select felony and misdemeanor drug cases. This program is not available to those involved in violent crimes. Another alternative is a “diversion” program where the defendant enters a guilty plea, but instead of getting sentenced to jail goes through a diversion program, which is a series of classes. Participants will be subject to random drug testing and a failed drug test could land the individual back in court or jail.

May 20, 2011

Sex Offender Faces Indecent Exposure Charges in Orange County

by Sitkoff & Hanrahan, LLP

A 67-year-old man has pleaded not guilty to touching himself sexually in front of three teen girls in a public library in Newport Beach. According to a news report in The Orange County Register, the man was charged with one felony count of indecent exposure in Orange County. Officials say he has two prior convictions on similar charges – in 1999 and 2002. If convicted, the man faces three years in state prison. The alleged incident was reported by the three girls to the librarian on May 9. The man was arrested at a later date when he returned to the library.

According to California Penal Code Section 314, indecent exposure refers to the act where an individual willfully and lewdly “exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby.”

In order to convict someone of indecent exposure, prosecutors must prove that the defendant intentionally exposed himself; that the act occurred in a public area or in a place where other people were present and were likely to be offended or annoyed; and it was done with a specific intent such as sexual arousal or to offend someone. Indecent exposure may be charged as a misdemeanor or a felony depending on the circumstances of the particular case and the criminal history of the defendant.

May 19, 2011

DUI Charges Filed in Fatal Ventura Car Accident

by Sitkoff & Hanrahan, LLP

A 49-year-old man has been arrested for drunk driving, hit-and-run and vehicular manslaughter in Ventura after a car accident that killed a bicyclist and injured several others. Officials say the man who was driving a Hummer caused three separate crashes and fled the scene. The defendant has pleaded not guilty to all charges. If convicted, he faces up to 18 years in prison. He had no prior criminal record or convictions, the report states.

Driving under the influence of alcohol and/or drugs is illegal under California Vehicle Code Section 23152 (a). According to California Penal Code Section 191.5 (a) gross vehicular manslaughter while intoxicated is defined as “the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

These are no doubt serious charges. The severity of a drunk driving charge will usually depend on the nature and extent of the injuries and the defendant’s criminal history. An experienced Ventura vehicular manslaughter defense attorney can help protect the rights of a defendant in such cases.

May 13, 2011

Orange County Cities Consider Keeping Sex Offenders Out of Parks

by Sitkoff & Hanrahan, LLP

Several cities in Orange County, including Irvine and Westminster, are in the process of deciding whether to further restrict the rights of convicted sex offenders by not allowing them into city parks. According to a news report in The Daily Pilot, these citywide ordinances would ban sex offenders from playgrounds and city parks unless they receive permission from an Orange County sheriff. Penalties for violating this new law could include up to six months in jail and a $500 fine. If passed, parents who have been convicted of a sex crime in the past will not be able to bring their children to a public playground without seeking permission. Orange County supervisors have already voted in favor of banning convicted sex offenders from all parks in the county.

There are already a number of long-term penalties that alleged sex offenders must face. Under Megan’s Law, for example, certain sex offenders are required to register with the local law enforcement agency in their city of residence. Anyone with access to the internet can view where they live, what crime they were convicted of, and in some cases, a photo of the person.

Many registered sex offenders may difficulty finding employment because of a prior conviction. Employers who are required to perform background checks are not likely to hire someone with a sex crime on their record. The initial criminal penalties and the long-term consequences are why it is crucial that anyone facing sex crime charges seek the counsel of an experienced sex crime defense lawyer.

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