California Criminal Defense Attorneys

February 4, 2011

California DUI Checkpoints Not Limited to Super Bowl Weekend

With the Super Bowl approaching this weekend, southern California residents and visitors can expect many drunk driving checkpoints at various locations. Edhat Online Magazine notes that 105 alcohol-related injury accidents occurred in California with 11 deaths on Super Bowl Sunday in 2009. In 2010, 79 alcohol-related injury accidents took place in California with 4 deaths.

DUI checkpoints in California and throughout the United States have always been controversial in terms of the inconveniences they pose and their accuracy in properly identifying motorists who are illegally intoxicated. While DUI checkpoints can occur on any given day at any time, Super Bowl Sunday attracts a significant amount of attention in being considered an event that lays the foundation of temptation for drunk driving. However, as a recent OC Register article emphasizes, law enforcement often targets specific areas – Super Bowl or not – that are suspected of attracting drunk driving.

According to the article, Huntington Beach has been reported to have the most DUI crashes in California, causing police to issue a downtown foot patrol, apply for additional DUI checkpoint grants and ask for more education outreach for local bars and restaurants. Huntington Beach also recently sought permission to place the names of “habitual drunken drivers” on the police department’s Facebook page. This procedure was denied by a council majority in January.

January 28, 2011

South Pasadena Teen Accused of Attempted Rape

by Sitkoff & Hanrahan, LLP

A 19-year-old man has been arrested for allegedly attempting to rape a woman who was walking by herself on a trail through Arroyo Park in South Pasadena. According to a CBS Los Angeles news report, the incident occurred the afternoon of January 24, 2011. A witness heard the woman screaming for help, and upon seeing the witness, the suspect fled, and the witness went after the man. The incident was reported to South Pasadena police, who apprehended the teen after an extensive search. Police say both the witness and the alleged victim have identified the man as the assailant.

California sex crimes are some of the most vigorously prosecuted and severely punished offenses in our criminal justice system today. When it comes to sex crimes, there is always the possibility of mistaken identity or false accusations. If convicted of a sex crime such as rape or sexual assault, the defendant faces significant punishment, including a lengthy prison sentence and mandatory registration as a sex offender. A sex crime conviction can have a significant impact on a person’s ability to get a job or even housing.

If you have been accused of a sex crime in California, you need an experienced Los Angeles sex crime defense attorney who will aggressively defend you and ensure that your rights are protected. The attorneys of Sitkoff & Hanrahan are former deputy district attorneys who understand both the prosecution and defense of sex crimes. We have more than 60 years of combined experience in criminal prosecution, investigation, and criminal defense. If you or a loved one has been charged with a California sex crime, please call our law offices at 866-430-8383 to discuss your case at no cost.

January 21, 2011

Illegal Prescription Drug Possession Charges for California Teenagers

by Sitkoff & Hanrahan, LLP

Illegal use of over-the-counter drugs is a growing problem in California. According to a report by The Office of National Drug Control Policy, more people between the ages of 12 and 17 use prescription drugs to get high than any other illicit drug, excluding marijuana. These drugs are often taken from the youths’ home or from friends. Juveniles facing serious allegations of possessing illegal prescription drugs would be well-advised to seek the guidance of an experienced criminal defense attorney.

The most popular pharmaceutical drugs that are illegally obtained include Oxycontin, Vicodin, Oxycodone, and Percocet. Under California law, it is illegal to sell, possess, and transport these drugs without a proper license or prescription. Juveniles found possessing illegal drugs without a prescription may face serious penalties, including juvenile incarceration and community service.

Juvenile prescription drug cases should be handled by a highly qualified drug offense lawyer. Depending on the circumstances, a skilled attorney may be able to have the drug charges dropped or the criminal record of the youth sealed. Minors charged with drug offenses deserve to be treated not as criminals, but as youth who need guidance and a second chance to get their lives back on track.

January 20, 2011

Accused California Criminal Offenders Must Be Informed of Possible Deportation

by Sitkoff & Hanrahan, LLP

Under California law, defendants must be informed of a possible deportation before entering a guilty or not guilty plea. A new amendment to this law will also require the court to advise the defendant that if they return to the United States illegally, there could be additional federal charges. As of January 1, 2011 all California courts must inform a defendant that illegally returning to the United States after a deportation will result in a federal offense.

A first offense for illegally entering the United States is a federal misdemeanor, which could result in up to six months in jail. These charges are often reduced or dismissed if the defendant voluntarily leaves the country. An individual who chooses to re-enter the country illegally after being deported faces far more serious penalties. The penalties for illegal re-entry after deportation could be as much as 20 years in prison if the accused has a criminal history.

Southern California has a long history of unnecessary deportation and unjust penalties. It is important to fight all criminal charges with an experienced criminal defense attorney. A knowledgeable lawyer will make sure that the defendant understands the ramification of the charges made against them and will advise them on the best course of action. In some cases, a skilled attorney can even have the charges reduced or dismissed.

January 19, 2011

California Criminal Procedure: Conviction of Veterans

by Sitkoff & Hanrahan, LLP

Post-Traumatic Stress Disorder (PTSD) is a serious problem for veterans returning from war. Many residents in California are suffering from complicated mental disorders because of their time spent in stressful and life-threatening situations in war-stricken nations. The state of California has enacted Assembly Bill 674 to handle criminal cases involving veterans differently then those of a regular citizen. Under the new law, the court must hold a hearing to determine if the alleged crime occurred because of a service person’s time spent in war.

California Penal Code Section 1170.9 states: “In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military, the court shall, prior to sentencing, make a determination as to whether the defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from health problems as a result of that service.”

Veterans determined to be suffering from mental health issues because of time spent in combat may be eligible for nonprofit treatment care instead of probation or jail time if they are convicted of a crime.

January 18, 2011

Actress Jaime Pressly Arrested for DUI in Santa Monica

by Sitkoff & Hanrahan, LLP

“My Name Is Earl” actress Jaime Pressly, 33, was arrested for drunk driving in Santa Monica. According to an ABC News report, Pressly was booked for DUI after being pulled over for a traffic violation, and was held in jail overnight. It is unclear how police determined she was under the influence or what her blood alcohol concentration (BAC) was at the time of her arrest.

In the state of California, a first-time drunk driving conviction could result in up to six months in jail, a fine of up to $1,600 and a six-month driver’s license suspension. Additionally, convicted first-time offenders are required to complete a Driving Under the Influence Program. Convicted DUI offenders may also be required to install an Ignition Interlock Device (IID) in their vehicle. Each California DUI offense may result in additional penalties, so whether you are a first-time offender or a repeat offender, it would be in your best interest to fight the charges with an experienced attorney by your side.

A skilled DUI defense lawyer will first determine if a defendant’s rights were violated at any time during the arrest. If the charges cannot be thrown out, a DUI defense attorney will strive to have the charges reduced. Alternative sentencing may also be an option, especially for first-time offenders.

January 12, 2011

Teenager Faces DUI Charges in Fatal Orange County Car Accident

by Sitkoff & Hanrahan, LLP

An 18-year-old man is facing felony charges in connection with a car accident in Orange County which resulted in the death of a 44-year-old man and his 17-year-old son. According to a news report in The Los Angeles Times, the fatal car accident occurred on Crescent Avenue in Buena Park. The 18-year-old driver faces two felony counts of vehicular manslaughter for allegedly driving while intoxicated.

It is illegal for drivers in the state of California to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. Drivers under the age of 21 face even harsher restrictions regarding alcohol. California Vehicle Code Section 23136 states: “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.”

Teenagers are often charged as adults in cases involving drunk driving and vehicular manslaughter. These allegations can have potentially serious ramifications for the future of the young defendant. It is important to aggressively defend yourself against these types of charges as they may result in extended jail time, license suspension, years of probation, and heavy fines.

January 7, 2011

Orange County Woman Accused of Having Sex with 13-Year-Old Boy

by Sitkoff & Hanrahan, LLP

A 36-year-old woman has been arrested for allegedly having sex with a 13-year-old boy. According to a news report in The Orange County Register, the arrest occurred on January 7, 2011 in Lake Forest. Police believe the woman cultivated a relationship with the teenager online. According to the report, the woman drove to the boy’s home in Maryland and engaged in sexual activity. She has been arrested for rape, child molestation, and sexual solicitation of a minor.

California Penal Code Section 261.5 deals with a person who has unlawful sexual intercourse with a person under the age of 18. Depending on the age of the victim and the alleged offender, statutory rape could be a misdemeanor or a felony. A misdemeanor conviction of statutory rape could result in one year in county jail and a fine of up to $1,000. A felony statutory rape conviction could result in 16 months to four years in a California state prison and up to $10,000 in fines.

Defending a case involving statutory rape can be a complicated process. There are many questions a skilled criminal defense attorney may ask during the proceedings. Did the accused reasonably believe the alleged victim was of age? Did the minor make statements regarding their age that led to a misunderstanding? Whether or not consent was given is not a valid defense when the victim is underage. A criminal defense lawyer will instead have to prove that the offense did not occur or that the defendant could not have reasonably known the age of the victim.

January 5, 2011

California Court Rules Police Permitted to Read Texts on Cell Phones without a Warrant

by Sitkoff & Hanrahan, LLP

On Monday, January 3, the California Supreme Court ruled that police searches of cell phones without a warrant are allowed under standards set by the U.S. Supreme Court, reports NBCBayArea.com.

The court was ruling on a case from Ventura County that involved a man who had been arrested and convicted on drug charges. When the man was arrested, police confiscated six tablets of ecstasy and his cell phone. A detective who did not have a search warrant discovered text messages on the man’s phone that talked about selling the drugs. The man admitted he participated in the drug deal, and also pleaded guilty to transporting a controlled substance. He was sentenced to probation. However, he appealed the use of his cell phone’s text messages as evidence on the basis that the detective did not have a search warrant.

Previously, U.S. Supreme Court rulings have permitted warrantless searches of a person’s personal property that are “immediately associated” with them when they are arrested, such as cigarette packages or clothing. In this case, the California Supreme Court found that law enforcement officers are able to search cell phones within 90 minutes following a person’s arrest under the Fourth Amendment, and upheld the man’s drug conviction by a 5-2 vote. Justice Ming Chin stated he believed the man’s cell phone was similar to clothing; therefore it was able to be searched.

December 31, 2010

What Are Protective Orders in Domestic Violence Cases?

by Sitkoff & Hanrahan, LLP

Protective orders exist to shield individuals from harm and harassment. Under the Domestic Violence Prevention Act (DVPA) individuals may be separated for a period of time while a resolution for the cause of the alleged violence is determined. Those who may be considered for protection under DVPA include spouses, cohabitants, those in a dating relationship, and children.

Protective orders may not be issued unless there is clear evidence of possible abuse. Abuse is not, however, limited to physical harm. The DVPA may be enacted if there is intentional bodily injury, sexual assault, or a threat of physical violence. Common forms of protective orders include temporary custody orders that restrict the way a parent can visit with a child, a dwelling exclusion that prevents a party from using a common dwelling for a period of time, a wiretap order that records conversations between an alleged victim and their spouse, and a restitution order that may fine someone charged with domestic violence in California.

Many domestic violence cases arise out of false allegations, misunderstandings and ulterior motives. Anyone facing false allegations of domestic abuse would be well-advised to speak with a skilled Orange County criminal defense attorney right away. It may be possible to have the charges reduced or thrown out depending upon the circumstances of the case.

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