California Criminal Defense Attorneys

February 25, 2011

Woman Arrested in Los Angeles for Drug Possession

Police in Sierra Madre arrested a woman in Arcadia for possession and/or being under the influence of narcotics. According to a news report in The Sierra Madre Patch, police arrested the woman following a traffic stop at the intersection of Don Pablo Drive and Foothill Boulevard the night of February 19. Police say the arrest also involves a possible parole violation. Officials have not said what type of substance the woman was under the influence of at the time of the arrest.

The penalties for drug crimes in Los Angeles County can be extremely severe. The nature and extent of charges in drug arrests will depend on the quantity of drugs confiscated, the defendant’s intent to distribute or sell the drugs, and the defendant’s prior criminal record. If there is a parole violation involved, the penalties could be significantly more severe. Consequences could include lengthy incarceration and other hefty penalties.

If you or a loved one has been charged with a Los Angeles drug crime, it would be in your best interest to contact an experienced drug crime defense lawyer who will make sure that your rights are protected.

February 21, 2011

Most Orange County Cities Outsource Forensic Analysis to County Crime Lab

by Sitkoff & Hanrahan, LLP

With state and city budgets getting tighter, more and more cities and law enforcement agencies in the OC are relying on the Orange County crime lab to analyze evidence relating to several crimes, including high-profile murders and sexual assaults. According to a news report in The Orange County Register, Huntington Beach recently became the last of several Orange County law enforcement agencies to shut down city labs that deal with drug analysis. This move makes the county lab the only one left in the area to handle such services.

Officials say that the county lab has been able to operate without backlogs despite the recent increase in its workload. The county lab offers several forensic-related services, including DNA processing, ballistics, and drug and alcohol-testing. Needless to say, these services are extremely valuable. Running a crime lab is a costly operation due to the costly equipment that is required as well as the expertise that is necessary to make such complex analyses.

If you have been charged with a serious crime in Orange County, it is very likely that forensic evidence of some type is involved. Whether your charges involve drunk driving, drugs, burglary, sexual assault, or homicide, physical evidence is an extremely important part of a criminal case. Physical evidence in a criminal case can make the difference between incarceration and acquittal.

February 18, 2011

Lindsay Lohan Prepares to Fight Charges in Grand Theft Case

by Sitkoff & Hanrahan, LLP

On Friday, February 18 criminal defense attorney Stephen Sitkoff from the criminal defense law firm of Sitkoff & Hanrahan was on ABC News’ show “Good Morning America” to discuss the development of Lindsay Lohan’s grand theft case, for which she is facing a possible three year prison sentence if convicted.

According to ABC News, the infamous actress was charged recently with a felony that stems from the disappearance of a $2,500 necklace from a boutique in Venice, CA in January. On Tuesday, February 2 the Los Angeles Police Department (LAPD) began an investigation of the actress in connection with the possible theft of the necklace.

In relation to what Lohan needs to do regarding to the case and her public image, Sitkoff states, “Lindsay needs to do the things she needs to do in order to show the court that she’s living differently.” According to the video, Lohan is attending AA meetings and is taking her charges seriously.

February 18, 2011

New California Child Abuse Law Increases Penalties

by Sitkoff & Hanrahan, LLP

California Penal Code 273 was amended in January 2011 to expand the penalties for the abuse of a child under the age of 8. Under the revised law, those found guilty of abusing a child who is 8 years of age or under, causing the child major bodily injuries or death, could now face harsher penalties.

California Penal Code Section 273 (a) was created to penalize individuals who are found guilty of causing great bodily injury resulting in the death of a child in their custody under the age of 8. Anyone convicted of this crime could face 25 years to life in prison. California Penal Code 283a (b) now extends these same penalties to individuals whose offense against a child causes a comatose condition due to brain injury or permanent paralysis.

Child abuse is a serious problem in our society. There is no question that individuals who cause serious harm to young children must be prosecuted to the fullest extent of the law. However, if you have been falsely accused of child abuse or if you have been arrested because of a misunderstanding, you deserve to have those charges aggressively defended. The consequences and penalties for a conviction of child abuse are life-changing.

February 17, 2011

Decade-Long License Suspension for Fourth Time California DUI Offenders

by Sitkoff & Hanrahan, LLP

In California, repeat DUI offenders face stiff penalties. For example, a first time DUI offender may face a six-month license suspension and fines of up to $1,800. A person’s second DUI offense could result in a mandatory jail time of up to 30 days, a two-year license suspension, and up to $2,800 in penalties. A third DUI offense will result in a mandatory year-long jail sentence coupled with a three-year license suspension. A new law, which will go into effect in 2012, will further penalize fourth-time DUI offenders by taking away their driving privileges for 10 years.

Under California Vehicle Code 23597, there will be enhanced penalties for drivers who have had four DUI convictions within a 10-year period. The court will potentially have the power to enforce a decade-long license suspension to anyone who has been convicted of three or more DUI offenses. The court will take into consideration the amount of time between each conviction and the circumstances of the arrests.

The new law would provide repeat offenders an opportunity to have their 10-year suspension reduced to five years if they have had no other drug or alcohol convictions during that time. While the bill could cause some repeat DUI offenders to think twice about driving under the influence, it can have devastating consequences on the lives and livelihoods of those wrongfully convicted of a DUI in California.

February 14, 2011

Can Lindsay Lohan Avoid a Felony Grand Theft Conviction?

by Sitkoff & Hanrahan, LLP

She has been accused of stealing several times in the past. She has been accused and convicted of DUI. But the big question now is whether Lindsay Lohan will be able to avoid conviction and possible prison time in her felony grand theft case. People.com interviewed a number of well-known Los Angeles criminal defense lawyers. Our own Steve Sitkoff was also interviewed by People.

Sitkoff highlighted the important fact that this will by no means be a slam-dunk case for the prosecution. Prosecutors are alleging that the 24-year-old actress stole a $2,500 necklace from a store. According to Steve Sitkoff, all that a criminal defense lawyer needs to do in this felony grand theft case is convince one juror that this was an “innocent misunderstanding.” If her lawyer succeeds in placing that element of doubt in one juror’s mind, Lindsay Lohan can walk out of this unscathed, unless the prosecutor decides to retry the case.

It is unlikely that Lohan will be sentenced to state prison because she is not a physical threat to anyone. It is also possible that Lohan will reach a plea deal and avoid a trial altogether. If she takes that route, she could get up to six months in county jail for the theft and probation violation. As Sitkoff states, in this particular case, the prosecution could find a way to ensure that Lohan does substantial time and prohibit her from early release. Other possibilities include felony probation with no jail time. The charge could also be reduced from a felony to a misdemeanor.

February 11, 2011

Orange County DUI Checkpoints Over Feb 11 Weekend

by Sitkoff & Hanrahan, LLP

The weekend is a great time to unwind and get together with family and friends. Although everyone may not partake in drinking at various social events, it is important for you to be aware of the level of intoxication of the people you are spending time with. Drinking and driving is never a smart choice and it only puts lives in danger.

With this in mind, it may seem like law enforcement would never make any mistakes when it comes to conducting field sobriety tests or giving blood alcohol concentration (BAC) tests at a DUI checkpoint. However, there are many factors that have often led to a wrongful Orange County DUI arrest. Without the right attorney on your side, a wrongful DUI conviction can tarnish your reputation, inflict steep fines, and cause you other inconveniences.

The following DUI checkpoints in Orange County have been announced for the weekend of February 11:

February 11, 2011

Los Angeles Man Arrested for Illegal Medical Marijuana Courier Service

by Sitkoff & Hanrahan, LLP

A 29-year-old man was arrested on Thursday, February 3, at a home in Redondo Beach for operating an illegal medical marijuana courier service, The Daily Breeze reports. Police served the man with a search warrant and found more than 600 marijuana plants in various stages of growth, along with equipment used for home cultivation. Police also confiscated equipment and products that could be potentially used to manufacture methamphetamine and other drugs.

California voters passed the Compassionate Use Act of 1996, making cultivation and possession of marijuana for medical use legal in the Golden State. However, the law gets complicated because possession or use of marijuana – medical or recreational – is still illegal under federal law. Under California law, medical marijuana patients can form collectives to grow and provide marijuana to each other. Often, such collectives are organized informally.

There is no question that the California laws relating to medical marijuana are murky. Thousands of medical marijuana growers and patients are still arrested across the state. Possessing or growing marijuana in California is defensible because it is legal in this state, although it continues to be banned by federal law. A narcotics conviction, especially for distribution or sale, can still result in serious penalties, including prison time.

February 9, 2011

Redondo Beach Kidnapping Incident Ruled Misunderstanding, Officials Say

by Sitkoff & Hanrahan, LLP

Police have determined that a potential kidnapping incident in Redondo Beach that involved an 8-year-old boy was just a misunderstanding. According to a news report in The Daily Breeze, the incident occurred on Huntington Lane in Redondo Beach on January 27 when the boy walked past the man, who made comments the boy misinterpreted. The child felt threatened and notified the authorities. According to the police, the man was the boy’s neighbor and had no intention of kidnapping the boy. The investigation revealed that it was simply a misunderstanding and no charges were filed.

Under California Penal Code 207, kidnapping involves a person who “forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county.” Kidnapping and attempted kidnapping are serious crimes that often result in extended prison sentences. Kidnapping charges in California involving children could also include sex crime charges for the defendant, depending on the circumstances of the case.

Many crimes that involve a minor occur because of a misunderstanding. That is why it is crucial to have a skilled attorney help you fight the charges every step of the way. An individual who is faced with child molestation or child sex abuse charges is looking at a lengthy prison time, hefty fines, and mandatory registration as a sex offender.

February 7, 2011

DUI Patrols in Southland Over Super Bowl Sunday

by Sitkoff & Hanrahan, LLP

Police agencies from Santa Barbara to San Diego beefed up their DUI patrols over the Super Bowl weekend. Obviously, this was a fun-filled day for Americans. In most California cities, a record number of DUI arrests are made on Super Bowl Sunday. Most police departments carry out DUI saturation patrols or checkpoints on this day.

The Orange County Register reported last year that on Super Bowl Sunday 2010, more than 40 people were arrested county-wide for driving under the influence. The patrols in Orange County were carried out by a special task force that included the sheriff’s department, California Highway Patrol (CHP) officials, and local law enforcement personnel. The CHP also reports that on Super Bowl Sunday 2009, 11 people were killed in alcohol-related crashes, which amounts to three times the daily average in California. On the same day, more than 160 people were injured in alcohol-related car accidents, which is twice the daily average in California.

Driving under the influence of alcohol and/or drugs is illegal under California law. A DUI conviction in California has dire consequences, some of which include jail time, enrollment in mandatory alcohol education program, loss of driver’s license, hefty penalties, and required installation of an ignition interlock device (IID).

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