California Criminal Defense Attorneys

April 7, 2011

Los Angeles Area School Volunteer Charged with Sex Crime

A 23-year-old male volunteer at a high school in Azusa has been charged with oral copulation with a 16-year-old female student. According to a CBS news report, the man works and volunteers at four different schools in Los Angeles and Orange counties. Authorities were approached by the girl’s parents who said she was possibly involved in an inappropriate relationship with the volunteer. Police are looking into whether there were other victims. The man was arrested for felony sex charges.

Sex crimes are criminal offenses that are of a sexual nature. The charges that are filed in connection with a sex crime or the punishment for a sex crime really depend on the type or severity of the crime. A misdemeanor sex crime conviction can result in up to one year in county jail. A felony sex crime conviction could result in a jail sentence to life in prison. Some sex crimes can also be considered a “strike” under California’s Three Strikes Law.

In addition, conviction for some sex crimes could also result in mandatory registration as a sex offender. A defendant’s prior criminal record can also have an impact on the severity of charges filed. If you are facing a sex crime charge, it would be in your best interest not to talk to police without having a Los Angeles sex crime defense attorney present. Remember, anything you say could be misconstrued or misinterpreted and used against you during the trial.

April 1, 2011

Judge Rules Michael Jackson’s Former Business Manager Tohme Tohme Must Testify in Dr. Conrad Murray’s Case

by Sitkoff & Hanrahan, LLP

On Monday, March 28, a judge ruled that Tohme Tohme, the former business manager of Michael Jackson, is required to testify in Dr. Conrad Murray’s trial, CNN reports. Murray has been accused of Jackson’s death.

While a process server testified that she had given Tohme the subpoena at his home on March 3, his attorneys have argued that he was not properly served. A used car dealer testified that he was with Tohme at the alleged time at a car auction. The judge stated he was satisfied there was service in the case and was more concerned about the argument that testimony from Tohme would be irrelevant to Murray’s case.

Paul Takakjian from the Los Angeles criminal defense law firm of Sitkoff & Hanrahan is Tohme’s attorney and stated that Murray’s defense was “tossing out a fishing line” without any knowledge that Tohme knows something that would help their case. However, attorneys for Murray allege that Tohme is a key witness to show that Jackson gave himself the fatal dose of anesthesia which caused his death in 2009. They have stated they believe Tohme has “intimate knowledge” of Jackson’s finances, as well as his habits and drug usage during the months prior to his death. The defense believes that Jackson’s serious financial difficulties at this time are relevant to their argument that Jackson self-administered the fatal dose.

March 29, 2011

New California Bill May Change License Suspensions for Underage DUI Drivers

by Sitkoff & Hanrahan, LLP

As the law stands now, persons under the age of 21 may have their license suspended for one year if they are found with alcohol in their system, if their license had been previously revoked in connection with a DUI conviction. Revisions to the law will make violations to the existing vehicle code a crime. Drivers who have a commercial driver’s license or who are under the age of 21 could face criminal charges for driving with a blood alcohol concentration of .04 percent. Additionally, it would be a crime to be arrested for driving under the influence if the under-aged driver was already on probation for driving with a BAC of .01 percent or higher.

Under California Vehicle Code Section 23152, it is against California law to operate with a blood alcohol concentration (BAC) of 0.08 percent or higher. Those under the age of 21, however, have stiffer regulations. According to California Vehicle Code 23136: “It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”

If you or a family member has been charged with driving under the influence, it is important that you seek legal guidance from a skilled Southern California DUI defense attorney right away. In some cases, a DUI defense lawyer can have the charges lessened or dismissed before it even goes to trial. The consequences of a Orange County underage DUI can be a lot more severe than expected, especially with these changes in the law.

March 23, 2011

Will Lindsay Lohan Face Legal Ramifications for Week of Partying?

by Sitkoff & Hanrahan, LLP

While infamous actress Lindsay Lohan faces felony charges stemming from the disappearance of a $2,500 necklace from a Venice, CA boutique in January, she has spent the past week in New York City, and according to sources, visited seven different nightclubs in just four days. Reports differ on whether or not the actress consumed alcohol while out on the town. Lohan is due to appear in court in Los Angeles on Friday, March 25, regarding whether she will accept the plea deal offered to her in the necklace theft case or go to court, possibly facing jail time.

Even without drinking, could the actress get into any legal trouble for her antics? According to the rules of her probation, which relate to her DUI case from last year, Lohan is not permitted to go to a place where alcohol is the main item of sale.

When interviewed by People.com regarding Lindsay Lohan’s situation, Los Angeles criminal defense lawyer Steve Sitkoff stated it was a gray area. He said, “A prosecutor could very well collect evidence that Lohan’s been frequenting these places as grounds for a probation violation or having her bail revoked, which could lead to jail time.” Sitkoff added, “However, the definition of a place where alcohol is the chief item of sale is sometimes murky, especially if the establishment also doubles as a restaurant.”

March 17, 2011

St. Patrick’s Day DUI Checkpoints Scheduled throughout Southern California

by Sitkoff & Hanrahan, LLP

With St. Patrick’s Day upon us, a handful of Californians are likely to celebrate by getting together with friends and family to enjoy a drink or two. However, drinking and driving is never a good combination. If you plan on going to a bar or friend’s house to enjoy some green beer tonight or this weekend, please plan on leaving your car keys at home and having a designated, sober driver, or cab number on hand.

St. Patrick’s Day DUI checkpoints are planned throughout Southern California. However, not every DUI checkpoint in California has been publically announced and some may be subject to change. DUI Checkpoints & Crime on the Road, Sobriety Checkpoints reports that the Long Beach Police Department reports a citywide DUI Saturation Patrol will be conducted on Saturday, March 19, 2011, from 6:00 p.m. to 2:00 a.m. By releasing information about DUI checkpoints that will be held, the Long Beach Police Department hopes that drivers will refrain from drinking and driving. Law enforcement takes Drunk Driving, Over the Limit, Under Arrest very seriously and signs throughout California are advising motorists to help keep roads safe by reporting drivers they suspect to be drunk by calling 9-1-1.

Drunk Driving Facts reports that The Los Angeles Police Department has also announced DUI Saturation Patrols and Sobriety Checkpoints:

March 15, 2011

The Consequences of False Impersonation on the Internet

by Sitkoff & Hanrahan, LLP

Internet fraud and impersonation are serious crimes that could result in heavy fines and incarceration. It is common in these cases for mistakes to be made and false accusations to lead to wrongful arrests. Anyone facing these serious allegations would be well-advised to speak to a skilled criminal defense attorney to begin building their defense.

In California, it is a crime to falsely impersonate another person online. It is illegal to “knowingly access and, without permission, alter, damage, delete, destroy, or otherwise use any data, computer, computer system, or computer network in order to devise or execute any scheme or artifice to defraud, deceive, or extort, or wrongfully control or obtain money, property, or data.”

A new California bill will expand the scope of this law. Victims of false impersonation will now have the right to further penalize the defendant. The new bill, S. B. 1411, will allow victims of false impersonation to file a civil lawsuit against the defendant. This means that anyone facing these serious allegations may face civil penalties in additional to the criminal penalties. With this new law, the stakes for someone facing these charges in Los Angeles will be tremendously increased. The defendant may not only face jail time and hefty fines after a criminal trial, but could also be held civilly liable in a separate civil proceeding.

March 11, 2011

25-Year-Old Man Wanted in Arizona Arrested in LA for Failing to Register as a Sex Offender

by Sitkoff & Hanrahan, LLP

A 25-year-old man was arrested in Los Angeles recently for failing to register as a sex offender. According to a San Francisco Chronicle report, the man, a sex offender from Maricopa County in Arizona, was wanted for probation and failure to register as a sex offender. Officials say he was convicted in 2005 for kidnapping and sexual conduct with a minor. The man was apparently placed on Maricopa County Probation’s list of Top 10 Sex Offender Absconders in 2009 after he failed to update his registration.

California Penal Code Section 290 requires convicted sex offenders in California to register with their local law enforcement agency annually. Sex offenders are also required under the law to update their registration when they move. They are required to do so within five days of the move. In addition, those attending school must register with the chief of police of the college campus. If convicted of failing to register as a sex offender, a defendant may face up to one year in county jail if the original crime was a misdemeanor and up to three years in state prison if the original crime was a felony. A conviction for failure to register may also become a strike under the California Three Strikes Law.

If you have been charged with failure to register as a sex offender in Los Angeles, please contact the Los Angeles sex crimes defense lawyers at Sitkoff & Hanrahan at 866-430-8383. Very often, we find that these charges stem from the fact that the defendant did not know they had to register. Remember, the penalties of failing to register can be severe and life-changing. Call us today to find out how we can help you.

March 9, 2011

Seven Arrested for DUIs after Roving Saturation Patrols in Orange County

by Sitkoff & Hanrahan, LLP

Seven drivers were arrested recently for drunk driving in Lake Forest and neighboring cities including Mission Viejo and Rancho Santa Margarita after the Orange County Sheriff’s Department conducted roving saturation patrols on March 6. According to a news report in The Orange County Register, the patrol consisted of eight cars staffed with two deputies each. In total, the patrols stopped 105 vehicles. Seven drivers were arrested for DUIs and two were cited and released for driving on suspended licenses.

Law enforcement officials believe that roving patrols are more effective than DUI checkpoints because deputies look specifically for drivers who show signs of impairment. These patrol officers are reportedly trained to look for intoxicated drivers. These roving patrols are funded by the California Office of Traffic Safety.

Whether it is DUI checkpoints or roving patrols, there is no question that mistakes are consistently made by arresting officers. Breathalyzers and field sobriety tests have inherent flaws. Although officers may be specially trained to identify impaired or intoxicated drivers, they are by no means experts. They are human beings who are very likely to make mistakes.

March 4, 2011

Orange County Jail Cook Accused of Sexually Assaulting Inmates

by Sitkoff & Hanrahan, LLP

A 54-year-old man from Orange County, who was a cook at a county jail facility, has been charged with sexually assaulting two inmates he was in charge of supervising. According to a news report on My Fox LA, the man has been charged with two misdemeanor counts of sexual battery, assault, and battery being involved in sexual activity with an inmate in his capacity as a jail employee. If convicted, the man faces up to three and a half years behind bars and mandatory registration as a sex offender. The man is accused of inappropriately touching two inmates. Prosecutors also say he asked two released inmates to e-mail him nude pictures of themselves. Officials are looking into whether there were additional victims.

Penalties for those convicted of California sex crimes vary depending on the type and level of the charges. A misdemeanor sex crime conviction can result in up to one year in county jail. It could also include court-ordered counseling, AIDS testing, community service, probation, and fines. A felony California sex crime can result in a lengthy prison sentence. Felony crimes such as violent sexual assault or rape could be considered a “third strike.” A third strike under California’s Three Strikes Law could result in 25 years to life in prison. The severity of punishment for a sex offense will also depend on other factors, such as the defendant’s prior criminal history.

No sex crime charges should be taken lightly. If you have been accused of a sex crime in Orange County – whether it is a misdemeanor or a felony – please contact the experienced Orange County sex crime defense lawyers of Sitkoff & Hanrahan at 866-430-8383. We have the experience, knowledge, and skill it takes to build a solid defense and obtain the best possible outcome in your case. Call us today for a free consultation.

March 1, 2011

Fullerton Man Found Guilty of Battery for Putting Semen in Co-Worker’s Water Bottle

by Sitkoff & Hanrahan, LLP

People are accused of assault and battery crimes for actions that most people would not assume are actually related to assault or battery. And in some cases, they aren’t. MSNBC reports a jury found a Fullerton man guilty on two misdemeanor counts of battery for putting his semen in a female co-worker’s water bottle on two occasions for sexual gratification.

According to the article, the man could face a year in jail and may be ordered to register as a sex offender for life. The 32 year old man’s sentencing hearing is scheduled for April 22 and his attorney says he will appeal the verdict. The man’s attorney argues that in order to have a battery, there must have been an application of force, which he claims was not the case in this particular situation.

The man was charged with two counts of assault and battery in addition to an allegation that he put semen in the water bottle for his co-worker to drink for sexual gratification. Since the jury found the man guilty of battery, which is more severe of a crime than assault, the jury could not find him guilty of assault. The attorney told the jury that while his client’s conduct was outrageous, it was not criminal since he did not commit an act of misdemeanor assault or battery. The man’s attorney also emphasized his client’s diagnosis of having a narcissistic personality disorder and the maturity of a 16 year old, both of which were determined by a forensic psychologist.

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