California Criminal Defense Attorneys

May 11, 2011

Two Arrests Made and 10 Citations Issued at Orange County DUI Checkpoint

Two people were arrested on suspicion of driving under the influence at an Orange County DUI checkpoint over the weekend. According to a news report in The Orange County Register, the DUI checkpoint occurred at Campus Drive and Bridge Road in Irvine. In addition to the two DUI arrests, 10 citations were issued at the checkpoint. Officials stopped 545 vehicles at the checkpoint and required nine drivers to perform sobriety tests. It is unclear if breath tests were given to the two drivers that were arrested or if they were arrested solely on the assumed results from a field sobriety test.

The three standard field sobriety tests include: the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. The horizontal gaze nystagmus test forces the suspect to follow an object moving side to side. If the pupil jerks, it may be a sign of intoxication. The walk-and-turn and the one-leg stand are both divided attention tests. During the walk and turn the suspect will have to take nine steps heel to toe away and back again while counting the number of steps out loud. The one leg stand requires the suspect to stand on one foot while counting.

The problem with field sobriety tests is that their accuracy depends upon the skill of the test administrator, the conditions of where the test is administered and the health of the suspect. There are many variables that could lead an officer to incorrectly assume that the suspect was intoxicated.

May 9, 2011

Ventura County Police Search for Suspect Accused of Lewd Act with Child

by Sitkoff & Hanrahan, LLP

The Ventura County Sheriff’s Department has released a sketch of a 40- to 45 year-old Caucasian man who has been accused of a lewd act involving a child at Santa Susana Park in Simi Valley according to a news report in The Ventura County Star. Police say the man followed two children into a tunnel and committed an unspecified lewd act. Neither of the children was hurt in the alleged incident.

California Penal Code Section 288 covers lewd acts involving children. It states that “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.”

This felony carries severe penalties, including imprisonment for three, six, or eight years. Anyone facing these serious allegations would be well-advised to seek the counsel of an experienced criminal defense lawyer before discussing the case with the authorities. Many of these types of cases arise from false allegations and mistaken identities. An attorney will ensure that the defendant’s rights are protected.

May 5, 2011

Singer Rick Springfield Arrested For DUI in Malibu

by Sitkoff & Hanrahan, LLP

Rick Springfield, the singer of “Jessie’s Girl,” has been arrested for drunk driving this past week. According to a news report in The LA Daily News, the DUI arrest occurred on the Pacific Coast Highway near Trancas Canyon Road in Malibu the night of May 1. Officials conducted a field sobriety test as part of the DUI investigation. Springfield also submitted to a breath test. Officials say his blood alcohol content (BAC) was .1 percent.

In California, the legal blood alcohol limit is .08 percent. California Vehicle Code Section 23152 (a) states: “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 manner in which an officer conducts a blood alcohol test is significant in such cases. The calibration of the device used for the breath test must also be checked to ensure that the readings are accurate.

California drivers have 10 days to request a hearing from the Department of Motor Vehicles (DMV) to have their license suspension delayed until after an administrative review. First-time offenders typically face a four-month license suspension. There are, however, potentially much more serious penalties for a DUI that involves a high BAC. A first-time offense may result in up to six months in jail, a fine of $1,600, undergoing a mandatory alcohol education program, and the required installation of an ignition interlock device (IID) on an offender’s vehicle.

May 2, 2011

Los Angeles Police Officer Charged with DUI

by Sitkoff & Hanrahan, LLP

A Los Angeles police officer has been charged with driving under the influence after allegedly driving the wrong way through the Sepulveda tunnel near LAX, according to The Ventura County Star. It does not appear from the report that anyone was harmed in the incident. It also is not clear if the officer will be suspended because of the arrest.

California Vehicle Code 23152 makes it “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.” Penalties for first-time DUI offenders in California could include 96 hours to six months of jail time, a substantial driver’s license suspension, mandatory enrollment in an alcohol education program, and installation of an ignition interlock device (IID) in their vehicle.

A drunk driving charge or conviction in California can have devastating consequences for those working in law enforcement. Such individuals could even face immediate employment termination if convicted. It is particularly important for these types of defendants to seek the counsel of a skilled attorney right away. In some cases, the charges can be reduced or dismissed completely.

April 27, 2011

Man Convicted of Lewd Acts in Orange County Water Park

by Sitkoff & Hanrahan, LLP

A 32-year-old Downey man has been convicted of performing lewd acts on a teenage girl in an Orange County water park, according to a news report in The Orange County Register. The man was convicted of rubbing up against a girl and attempting to do the same with another girl. Prosecutors said during the trial that the parents of the two girls pulled their daughters from the wave pool in the park after they saw the man close to the girls. He faces up to three years and four months in prison. The defense attorney argued that the touching was inadvertent and was caused by the wave action in the pool. His sentencing has been scheduled for June 17.

This story is an example of how even an inadvertent act in a public place like a water park could have serious consequences. According to California Penal Code Section 288 (a): “Any person who willfully and lewdly commits any lewd or lascivious act…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.”

Sex crimes against children carry severe consequences including a lengthy state prison sentence, hefty fines, and mandatory registration as a sex offender. Since the stakes are extremely high, it is critical that anyone who has been accused of a sex crime against a child immediately contact an experienced Orange County sex crime defense lawyer to learn more about the legal options available to them.

April 22, 2011

Man Arrested for DUI after Azusa Car Accident

by Sitkoff & Hanrahan, LLP

A 52-year-old man from Azusa, CA, has been arrested for allegedly driving under the influence of alcohol after backing his SUV into a police car. According to a news report in The San Gabriel Valley Tribune, the arrest occurred on West Sierra Madre Boulevard in Azusa. Officials say that after being pulled over, the man put his Chevrolet Trailblazer in reverse and crashed into the police car. No one was hurt in the accident but the man was charged with driving under the influence and driving with a suspended license. It is unclear from the report as to why his license was previously suspended or if the officers administered a breath test at the scene.

Under California Vehicle Code 23152, “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.” It is also illegal in the state of California to operate a motor vehicle with a blood alcohol concentration of .08 percent or higher. California Vehicle Code Section 14601 states that makes it illegal to drive on a suspended license.

The Los Angeles County DUI defense attorneys at Sitkoff & Hanrahan protect the rights of motorists throughout LA County. We have extensive experience and a successful track record of helping those charged with driving under the influence. Our reputed lawyers carefully examine the circumstances surrounding an arrest to build a strong case on your behalf so we can fight for the charges made against you to be reduced or completely dismissed. If you have been charged with driving under the influence in California, please contact our law offices at 866-430-8383 today. We always offer free consultations.

April 21, 2011

Los Angeles Caregiver Charged with Molestation

by Sitkoff & Hanrahan, LLP

A 29-year-old male caregiver has been arrested in Los Angeles for allegedly molesting a child. According to a news report by The Los Angeles Times, officials say the incidents that involved lewd acts occurred between March of 2008 and March of 2011. The worker has been charged with 11 counts of committing a lewd act upon a child as well as three counts of oral copulation of a person under the age of 14. The alleged offender apparently has a history of working with developmentally disabled children at a YMCA and at a high school. He has pleaded not guilty and is currently held on a $1.4 million bail.

Sex crime charges in California that involve children under the age of 14 can result in serious penalties. Under California Penal Code Section 288, a person is guilty of a lewd act with a child if an act is done “with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child.” This serious crime is a felony and it can result in a lengthy prison sentence and mandatory registration as a sex offender. A person does not have to be convicted of a lewd act to suffer social and professional penalties. In many cases, the accusation of a sex crime is enough for someone such as a caregiver or teacher to lose their job.

If you have been charged of a sex crime in California, contact the Los Angeles sex crimes defense lawyers of Sitkoff & Hanrahan. We aggressively fight to protect the rights and future of our clients because we know what’s at stake. If you or a loved one is facing serious sex crime charges, please call 866-430-8383 to discuss your case at absolutely no-cost.

April 15, 2011

Five Arrested at Los Angeles DUI Checkpoint

by Sitkoff & Hanrahan, LLP

Five motorists were arrested at a Los Angeles area DUI checkpoint for driving under the influence, The Beverly Hills Courier reports. Police say the DUI checkpoint was conducted from 6 p.m. on April 14, 2011, to 2 a.m. the following day at the intersection of Newhall Ranch Road and Grandview Drive. A total of 802 cars passed through the checkpoint. Officials arrested five drivers for driving under the influence and issued 17 citations for motorists driving without a valid license or driving with a suspended license.

The use of DUI checkpoints in Los Angeles have become increasingly common, as well as throughout Los Angeles, Orange, and Ventura counties. These checkpoints can be commonly seen in the late night to early morning hours and occur mostly over weekends. Law enforcement agencies not only get funds from the Department of Transportation for these checkpoints, but also get money into their own coffers from DUI fines and penalties assessed in court.

Although it is commonly assumed that these checkpoints are legal, there may be circumstances where the checkpoint itself or the officers’ actions may violate certain laws. There are several questions to be asked. How did the agency choose the specific location for the checkpoint? Was advance notice given to the general public? How were breath tests administered? Were field sobriety tests administered? What was the length of time each driver was stopped? There are some things officers cannot do at a DUI checkpoint. For example, an officer cannot stop you if you turn off to avoid a roadblock. Such an action in itself does not provide a basis for officers to stop and detain a driver.

April 13, 2011

New Law to Increase Length of Parole for Some California Sex Offenders

by Sitkoff & Hanrahan, LLP

Those convicted of sex crimes in California face harsh penalties including incarceration, fines, and mandatory registration as a sex offender in California. Under a new law, which is part of Chelsea’s Law signed by Gov. Arnold Schwarzenegger, a lifetime of parole will be required for habitual sex offenders, those convicted of kidnapping a child under 14 years of age with the intent of committing a specific sexual offense, and persons convicted of other specific sex crimes, including aggravated sexual assault of a child. In addition, the new law will also impose a 20-year parole period on those convicted and required to register as sex offenders for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child and other sex crimes in which the victim is a child under 14 years of age.

This is a big change from the previous law, under which a prisoner was released on parole for a period not exceeding three years and inmates sentenced on violent felony sex crimes were released on parole for a period not exceeding five years. The maximum parole period of 10 years was reserved for those who received a life sentence for certain specified violent sex crimes.

There is no question that this new law raises the stakes for those facing sex crime charges. Under this law, certain sex offenders can face a lifetime of parole. Parole refers to the early release of prisoners for reasons such as good behavior. Parolees are placed under the supervision of a parole officer and face many restrictions. Being on parole for an extended period of time can have serious consequences on a person’s ability to reintegrate with society or even find gainful employment.

April 8, 2011

Judge Declares Mistrial in Murder Case due to Defense Attorney’s Inexperience

by Sitkoff & Hanrahan, LLP

Experience is probably one of the most important attributes, if not the most important attribute, one should look for in a Los Angeles criminal defense attorney. Before you retain the services of a criminal defense lawyer – regardless of whether you are facing a misdemeanor of felony charge – it is important that you establish the attorney’s credibility and track record in handling similar cases. Failure to do so might prove costly, as a man defending murder charges in Washington D.C. recently found out.

According to a news report in The Washington Post, a Washington D.C. Superior Court judge recently declared a mistrial in a 2008 murder case and allowed the defendant to fire his attorney. The judge was apparently angered by the defense attorney’s lack of knowledge of proper trial procedure. The judge specifically pointed out the fact that the defense attorney told jurors during opening statements that he had never tried a case before. Among other acts of misconduct, the defense lawyer reportedly told an investigator in an e-mail to “trick” a government witness into testifying in court that she did not see his client at the murder scene.

The attorney’s acts were obviously shocking to the judge, not to mention his own client, who placed his life in the hands of this man. In felony cases, including those that involve sex crimes, drug charges or violent crime charges, the stakes are extremely high. Defendants, if convicted, are looking at lengthy prison sentences, fines and a potentially damaged reputation.

California Criminal Lawyer Blog