California Criminal Defense Attorneys

December 30, 2010

Orange County Housecleaner Accused of Child Molestation

An Orange County man faces up to 135 years in prison after being charged with molesting a 5-year-old girl. According to a KABC news report, the 43-year-old man has been charged with repeatedly molesting a 5-year-old girl while working as a housecleaner in 1995. The charges were filed after new charges were against the man, alleging he also molested two young girls in Mission Viejo – ages 9 and 10. It is not clear at this time what evidence the prosecutor may have to prove that the man committed these sexual assaults 15 years ago.

California Penal Code 288 makes it illegal to commit lewd acts with a minor under the age of 14. A lewd act is defined as touching a child or minor anywhere on the body with the intention of causing sexual arousal. These allegations carry severe penalties such as a lengthy prison sentence and mandatory registration as a sex offender.

In such cases, the prosecution must prove that the defendant willfully touched a minor for the purpose of sexual gratification. These life-changing charges often arise out of false allegations and misunderstandings. The stakes are extremely high in sex crime cases.

December 29, 2010

The Connection between Shoplifting and Economic Hardship

by Sitkoff Law Group, Inc.

These are tough economic times. During such periods when unemployment rates are high, it is natural to see an increase in property crimes, particularly shoplifting. It is an established fact that those facing financial hardships are more likely to shoplift to pay bills or put food on the table. A number of first-time shoplifters tend to be those who do it out of desperation. However, regardless of the motive for committing shoplifting, the law is the law. Those who are convicted for shoplifting could still face possible jail time, community service, probation, and fines.

Shoplifting is defined by California Penal Code 484 & 488 as an act of purposely taking merchandise from a store without paying for the item. A person only needs to possess the item with the intent of leaving without paying for it for a shoplifting arrest to be made. Concealing an item or altering the price of an item may also result in shoplifting charges in California. The penalties an alleged shoplifter will face depend on the value of the items stolen and the criminal history of the defendant.

During difficult economic periods there is often a great increase in shoplifting cases. Normally law-abiding California citizens may become desperate and use poor judgment. These single acts should not result in prison time or heavy fines. A skilled criminal defense attorney will fight to have these charges reduced or thrown out. Alternative sentencing such as community service are possible, especially in cases where the defendant has no prior criminal record.

December 28, 2010

Los Angeles Teacher Faces Child Pornography Charges

by Sitkoff Law Group, Inc.

A Los Angeles elementary school teacher is facing child pornography charges after several pornographic images of children were found on his computer. According to KTLA News, investigators allege that the Carson fifth-grade teacher downloaded and possibly created images of child pornography. Detectives also stated that the man admitted to viewing and downloading images of child pornography, but he told officials he did not victimize any children. Investigators have confiscated the teacher’s computers and DVDs to look for possible evidence. They are also asking the public for help with identifying possible victims.

There are a number of child pornography laws in California that may be enforced depending upon the circumstances of the case. California Penal Code Section 311.11 makes it illegal to possess child pornography. Penal Code sections 311.1 and 311.2 make it a serious crime to distribute child pornography. Penal Code Section 311.3 places heavy restrictions on exchanging child pornography. Common penalties connected to these charges range from a year of imprisonment for a misdemeanor charge to up to eight years for a felony conviction.

In such cases, prosecutors will have to prove that the defendant knowingly committed an illegal act and that they should have reasonably known that the pornographic pictures were of someone under the age of 18. Anyone facing child pornography charges would be well- advised to speak with an experienced Los Angeles criminal defense attorney to learn about their legal options. In many ways, allegations of child pornography can be as devastating to an individual as a conviction.

December 23, 2010

Could Lindsay Lohan Go Back to Jail?

by Sitkoff Law Group, Inc.

Lindsay Lohan, 24, may face jail time for violating probation as police investigate charges of battery against a rehab worker. So far, the famous actress has served three sentences at a Lynwood, CA jail.

According to People, L.A. Superior Court Judge Elden Fox decided two months ago when Lohan failed a drug test that she needed more treatment as an admitted addict and that serving a jail sentence would not be the best solution. She was ordered to stay in rehab at the Betty Ford Center until at least January 3, 2011. However, when asserting that he would sentence her to six months in jail if she violated her probation again, Judge Fox stated, “I agree that relapse is a part of recovery, but I’m not going to be manipulated.”

Los Angeles criminal defense attorney, Steve Sitkoff, told People, “Judge Fox isn’t one to make idle threats…Especially if he decides that Lindsay was the instigator in the scuffle with the Betty Ford employee, that’ll make him more likely to punish her with jail instead of treatment.”

December 15, 2010

Avoid a DUI Arrest in LA During the Holidays

by Sitkoff Law Group, Inc.

It is no secret that drunk driving incidents and arrests are at an all-time high in Los Angeles as well as in the rest of the country during the holiday season. This increase could be attributed to an increased number of parties and increased enforcement on the part of law enforcement agencies. A number of police departments also conduct several California sobriety checkpoints during the holidays, the primary goal of which is to apprehend those driving under the influence.

A DUI arrest in Los Angeles, of course, comes with a hefty price tag. Typically, consequences include jail time, license suspension, fines and installation of an ignition interlock device. The best strategy during the holidays is to completely avoid a drunk driving arrest. There are several steps you can take to prevent getting into such a situation.

First of all, you should never drink and drive. If you have a drink at a holiday gathering, you should call a cab or have a designated driver take you home. If you are disoriented after consuming several drinks, you should remain where you are until you are sober or have a friend take you to your house. During the holidays, it is always a good idea to plan ahead to have a designated driver if you know you are going to consume alcohol at a party.

December 13, 2010

New California Law Will Require DUI Offenders to Install Ignition Interlock Devices

by Sitkoff Law Group, Inc.

A new California law requires that first-time DUI offenders to install ignition interlock devices (IIDs) in their vehicles. There is no question that California is one of the states that gets the most publicity for an increased number of DUI arrests, with a number of them involving celebrities.

What does this law mean for those arrested for a DUI? The new law requires offenders to install ignition interlock devices in any of their motor vehicles that they own or drive. The IIDs work in the same manner as a breathalyzer would: In order to be able to start the vehicle, a driver would have to blow into the device. The vehicle will not start if the person’s blood alcohol concentration (BAC) is over the legal limit. In California, it is illegal to drive with a BAC of 0.08 percent or higher. These devices also require the driver to stop and perform the test repeatedly at random intervals to ensure the driver is not driving drunk.

Ignition interlock devices come at a price. It could cost an individual up to $125 up front and about $60 monthly. Under the new law, first-time offenders must have these devices installed for at least five months. Second-time offenders are required to have the IID in their vehicle for a year, and a third-time DUI offender will have the IID for two years. If the DUI caused an injury, those periods will automatically double.

December 8, 2010

Judge Blocks New California Sex Offender Law

by Sitkoff Law Group, Inc.

A judge has temporarily blocked a new law which would restrict the distance a sex offender may live from a park or school. According to a news report by The Associated Press, the Superior Court judge said he made the decision because the provision under Jessica’s Law would give convicted sex offenders too few housing options after they get out of prison. If Jessica’s Law survives the temporary block, convicted sex offenders would not be able to live within 2,000 feet of a public or private school or park.

Convicted sex offenders face severe social penalties in addition to any fines or time in jail they may have to serve. Many sex offenders are required to register annually with local police departments. This puts sex offenders on a public Internet database, where neighbors can view where these individuals live and their criminal history with regard to the sex crimes. Sex crime registration is a valuable tool for parents to keep their children safe. However, it can be extremely harsh on a person who has served their time and is trying to lead a life as a productive citizen.

Laws that enforce such harsh penalties on sex offenders make it all the more important for anyone facing sex crime charges to fight the allegations in court with an experienced criminal defense attorney. In many cases, the charges can be reduced or thrown out.

December 6, 2010

Californians Support Stiffer Penalties for DUI Drivers, Study Shows

by Sitkoff Law Group, Inc.

A new survey shows that a majority of Californians believe drivers under the influence of drugs should face the same penalties as drivers who are convicted for operating under the influence of alcohol, reports The Car Connection.

The California Office of Traffic Safety reports that almost 70 percent of those surveyed approve of harsh penalties for drivers who are operating under the influence of drugs. The study also showed a strong support for sobriety checkpoints. It is not clear how the government will use this study, which involved 1,671 Californians.

According to a report by the Centers for Disease Control and Prevention (CDC), 18 percent of all fatal car accidents involve drugs other than alcohol. California Vehicle Code 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.”

November 26, 2010

California to Closely Track Sex Offenders

by Sitkoff Law Group, Inc.

Five law enforcement teams were created throughout California to better track down sex offenders on parole. According to ABC News, these teams were created after police failed to monitor a paroled sex offender who hid a minor for 18 years in his backyard. These well-funded parole teams are working to track down and monitor parolees who are believed to pose the greatest risk to the public. These new parole teams scour the Internet for potential “predators” and also conduct home visits to make sure that previously convicted criminals are obeying the law. So far, 900 convicted sex offenders have already been arrested for violating the terms of their parole in 2010.

Random searches and investigations are just the newest examples of potential penalties for convicted sex criminals. Anyone convicted of a sex crime in California may also be forced to register as a sex offender under Megan’s Law. This means that they will be required to register with their local police department every year and can go to jail for failing to do so. Neighbors can view details about their location and past crimes by visiting the Megan’s Law official website.

Defendants wrongfully charged with a sex crime in California have it in their best interest to contact a skilled criminal defense attorney right away. It is crucial to speak with an attorney before speaking with the police. Many sex crime allegations result from mistaken identities, ulterior motives and wrongful charges. An experienced attorney will work to have these inappropriate charges reduced or the case dismissed.

November 24, 2010

Huntington Beach in Orange County May Post DUI Arrests on Facebook

by Sitkoff Law Group, Inc.

City officials of Huntington Beach are considering posting DUI arrests in the city on Facebook to deter potential drunk drivers. According to a news report in The Los Angeles Times, Huntington Beach city officials believe that public shaming could become a worthwhile deterrent for drivers. This new tactic was proposed shortly after a local newspaper stopped printing the names of DUI drivers. It is not clear if they will post a retraction on Facebook if the driver was wrongfully arrested or not convicted.

This form of public shaming could act as a disincentive, but it could also become a serious problem for someone who was wrongfully charged with drunk driving in Huntington Beach. Should drivers who have been wrongfully arrested for a DUI endure humiliation this publically? Are we under the assumption that law enforcement officials are always right?

There is no telling what kind of negative impact a public posting of a DUI arrest on Facebook can have on a person’s personal life and career. This type of penalty is just another reason why it is crucial for anyone accused of driving under the influence to seek the counsel of an experienced Orange County DUI defense attorney right away after their arrest. A skilled lawyer will fight to have the charges reduced or dismissed immediately.

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