California Criminal Defense Attorneys

November 18, 2010

Ventura Man Arrested for Possession of Methamphetamine

A 31-year-old man from Ventura County was arrested in a parking lot for possession of methamphetamine on Monday, November 8. According to a news report in The Ventura County Star, the drug arrest was made near Rose Avenue and Lockwood Street in Oxnard. Police determined that the man had 3 ounces of methamphetamine on his person, which was valued at about $8,600. The man was charged with felony possession of methamphetamine for sale and sales of methamphetamine.

California Health & Safety Code 11378 makes it illegal to possess methamphetamine for sale. It is a felony crime that could result in a state prison sentence. The amount of illegal drugs found determines whether or not the individual will be charged with simple possession or possession with intent to sell. Defendants charged with possession with intent to sell face harsher penalties and have fewer legal options than those facing misdemeanor drug possession charges.

Defendants facing serious meth charges have it in their best interest to retain the services of a knowledgeable drug crime defense lawyer. A skilled drug attorney will determine if the defendant’s rights were violated in any way before, during or after a drug arrest. When illegal search and seizure leads to a drug arrest, there is a good chance that the drug charges will be dropped and the case dismissed.

November 16, 2010

Up to 88 People Will Face Sex Crime Charges after Los Angeles Club 907 Raid

by Sitkoff Law Group, Inc.

The Los Angeles Times reports that officials arrested eighty-one women and seven men on various sex offenses during a raid at downtown Los Angeles hostess club named Club 907 at 9th and Hill Streets. Police conducted a two-month investigation after observing the club was beyond capacity limits during a routine business check. Police have stated that they did not observe sex acts, but that they did witness multiple lewd acts and solicitation of prostitution. Many of the 88 people arrested could be charged with sex crimes such as soliciting prostitution and other lewd acts.

Lewd conduct and prostitution are serious crimes in the state of California. According to California Penal Code Section 647, any person “who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view” is guilty of a misdemeanor. Penal Code 647 also makes it illegal to accept an offer of money or materials in exchange for a sexual act. These are serious sex crime charges that can carry heavy penalties.

When police officers conduct sex offense raids, and make multiple solicitation of prostitution arrests at once, it is possible for mistakes to be made. People have similar sounding names, physical descriptions could differ only slightly, and the arrestee could have been arrested for uttering words that were not intended to be a solicitation of prostitution. Even an earlier misinterpreted conversation with an undercover officer may have resulted in an arrest that lacked probable cause. Individuals may have been arrested who actually committed no crime.

November 15, 2010

Double Murder-Suicide Domestic Violence in Fountain Valley Connected to Child Custody Dispute

by Sitkoff Law Group, Inc.

Three lives have been lost due to domestic violence in Orange County, California. It is believed that a 40-year-old man killed his 46-year-old wife and their 8-year-old daughter. He then committed suicide. The Orange County Register reports that the apparent murder-suicide took place at a Fountain Valley home on November 5, with a woman being shot in the driveway and the man and child dying inside the house. Police found several other individuals hiding in a bathroom in the house.

According to the article, law enforcement believes a child custody dispute may have played a factor in the domestic violence and deaths. The woman filed a petition to dissolve the couple’s marriage last month. However, no specific custody arrangement had been established. Police officers arrived at the scene after receiving reports of domestic violence.

Violent incidents similar to this story raise many questions, pose unimaginable challenges to grieving family members, and can send waves of shock through a community. From a legal standpoint, no violent crime is ever easy to investigate. Domestic violence, such as battery, spousal abuse or murder charges expose you to the most challenging times in life. This is why someone charged with domestic violence or spousal abuse will need attorneys with years of experience.

November 12, 2010

Orange County Man Charged with Indecent Exposure in Fullerton

by Sitkoff Law Group, Inc.

A 21-year-old Orange County man has been charged with exposing himself to minors. According to a news report in The Orange County Register, the man was arrested in Fullerton after he reportedly exposed himself to young girls on their way to school. Officials say the man failed to appear in court for misdemeanor indecent exposure charges. Police also report there may be other victims as well, and are encouraging them to come forward. The defendant faces seven counts of child annoyance and two counts of lewd conduct in a public place.

California Penal Code Section 647 states that it is illegal to engage in “lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” When the victim is a minor, there may be additional penalties. Under California Penal Code Section 288, anyone who commits a lewd act in public and the victim is 14-years-old or younger, and the person committing the act is 10 years older or more than the child “is guilty of a public offense and shall be punished by imprisonment in the state prison.”

Being charged with a sex crime in Orange County is serious. Conviction of a sex crime charge could lead to prison time, heavy fines, and mandatory registration as a sex offender. Needless to say, an individual’s reputation could be permanently tarnished, which can impact a person’s career and social life forever.

November 11, 2010

Ventura County Man Accused of Selling Drugs to a Minor

by Sitkoff Law Group, Inc.

A Ventura County man has been arrested for providing heroin to a minor who died later from an overdose. On May 22, 2010, a 15-year-old boy died after he overdosed on drugs, which officials say was provided by the defendant. According to ABC 7 News, the arrest was made on October 27 in Ojai following a four-month investigation. Police allege the Ojai man gave the teenager heroin and have charged him with providing controlled substances to a minor.

Selling or providing illegal drugs to a minor is a felony drug charge in California. Convicted offenders could face years of incarceration in a state prison and a strike under the California Three Strikes Law. Defendants facing felony drug charges would be well-advised to speak with a reputed criminal defense attorney to examine their legal rights and options.

In any drug crime case, it is critical to have skilled legal defense. The stakes in a drug crime case are extremely high, especial if a death is involved. A knowledgeable drug attorney will break down the evidence provided by the prosecutors and determine if any of the defendant’s constitutional rights were violated during the arrest, as many drug crime arrests are made illegally without proper warrants. In cases where the drug charges cannot be dismissed, a drug offense attorney will seek to have the drug charges reduced to a lesser offense. Depending upon the circumstances of the drug offense, defendants may also be able to avoid jail time through alternative sentencing, such as rehabilitation or community service.

November 11, 2010

DUI Vehicular Manslaughter Trial of Jim Leyritz Continues

by Sitkoff Law Group, Inc.

According to The Canadian Press, the prosecution rested Wednesday, November 10, in the DUI vehicular manslaughter trial of Jim Leyritz, who is a former major league baseball player. Leyritz played catcher in his 11 season career, and played for the Yankees, Angels, Rangers, Red Sox, Padres, and Dodgers. He is most well-known for his home run in the 1996 World Series while playing for the Yankees. The 2000 season was his last.

Leyritz is accused of driving drunk, running a red light, and crashing into a Mitsubishi Montero driven by Fredia Ann Veitch, who was killed at the scene of the fatal Florida car crash after being thrown from her motor vehicle on December 28, 2007. His blood alcohol content level (BAC) was at 0.14 percent three hours after the accident, and could have been as high as 0.19 percent at the time of the crash, according to testimony given at trial. Florida law prohibits driving over 0.08 percent. Evidence shows that Veitch was also drunk and had a BAC of 0.18 when the accident occurred, and was not wearing a seatbelt.

At trial, a crash reconstruction expert said Leyritz was not speeding into the intersection before the accident. Based on the damages to both vehicles, as well as other factors, the crash expert estimated that Leyritz was going about 35 mph, which is the posted speed limit for the road. Airbags did not deploy in either motor vehicle and there wasn’t any indication that either driver slammed on their brakes to attempt to prevent the Florida car accident. It is unclear whether the vehicle’s lights that Leyritz was driving were on. There is also some question as to whether the light was yellow when Leyritz crossed the intersection.

November 10, 2010

“Housewives” Husband Sentenced in Orange County DUI Crash

by Sitkoff Law Group, Inc.

According to a news report in The Orange County Register, Matt Keough, the estranged husband of Jeana Keough from the popular television show “The Real Housewives of Orange County” has been sentenced to a year in jail and three years of probation following a drunk driving conviction in October. Keough was arrested for driving under the influence in Coto de Caza when police pulled him over for a rolling stop at a stop sign. At the time of his DUI arrest, his blood alcohol content level was 0.30, which is nearly four times the legal limit. This was his second California DUI conviction following an August 2009 incident.

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.” First-time DUI offenders face up to six months in jail, a $1,000 fine, a six-month license suspension, a required DUI course and the potential installation of an ignition interlock device. Penalties for repeat DUI offenders are significantly more severe, including a year of incarceration for second-time DUI offenders.

It is crucial to fight any and all California DUI charges with the help of an experienced drunk driving attorney. A skilled Orange County drunk driving attorney will investigate how the arrest was made to determine if any of the defendant’s rights were violated, if proper police procedures were followed and if the DUI charges may be reduced or dismissed.

November 9, 2010

High School Coach in Simi Valley Accused of having Sex with Teen

by Sitkoff Law Group, Inc.

A Simi Valley high school coach has been arrested following an accusation that he had sexual relations with a teenager. According to The Simi Valley Acorn, the 40-year-old man was arrested on October 8 for allegedly committing a lewd act on a child under 14. The girl, now 15, has told police that she was twice involved in consensual sex acts with the coach when she was 13-years-old.

Being charged for lewd acts with a minor is a serious sex offense in Ventura County. According to California Penal Code 288, Any person who willfully 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 and shall be punished by imprisonment in the state prison for three, six, or eight years.” Anyone under the age of 18 cannot legally give consent to have sex or perform sexual acts.

In addition to the severe penalty of extended incarceration, anyone convicted of lewd conduct with a minor will be forever labeled as a sex offender and will need to register with local law enforcement under Megan’s Law. This type of sex offense has significant professional and social ramifications that can forever change the life of the defendant. It is crucial that anyone charged with a sex crime in California seek the counsel of an experienced criminal defense attorney.

November 4, 2010

PC 1000 Court-Ordered Diversion Program for Drug Offenders

by Sitkoff Law Group, Inc.

California offers a number of alternatives to jail time for drug offenders. The options available to someone charged with possession of drugs, or being under the influence of drugs, usually depend on the severity of the crime and the defendant’s prior criminal record. California drug laws allow more opportunities to avoid jail time for individuals who do not have a history of drug use and for those who have been charged with minor drug offenses.

California Penal Code 1000 allows certain drug offenders the opportunity to attend drug treatment programs instead of going to jail. Eligibility for a California drug diversion program is typically only available for defendants who:

Have no previous drug convictions

November 2, 2010

Grand Theft Threshold in California Increased To $950

by Sitkoff Law Group, Inc.

California has increased the minimum threshold for grand theft on personal property to $950. On August 24, the California Senate passed Assembly Member Tom Ammiano’s bill to increase the threshold. Previously, anyone convicted of stealing $400 worth of goods or more could be charged with grand theft. Now the value of the items stolen must exceed $950 for the crime to be charged as grand theft. This is a significant change to the law for anyone charged with theft in California as the penalties for grand theft are substantially harsher then those for petty theft or shoplifting.

There are exceptions to this new $950 threshold. For example, when farm crops or aquacultural products are stolen, the minimum threshold for grand theft is only $250. Also, stealing guns or motor vehicles will result in grand theft charges, regardless of the value of the items.

Under the new bill, theft of items valued under $950 may result in a misdemeanor charge, up to six months in jail and a fine of up to $1,000. Theft of goods valued over $950 may result in a misdemeanor or felony charge and up to three years in state prison. Grand theft of a firearm may result in 16 months to three years in state prison and grand theft auto may lead to one year in state prison and a $5,000 fine.

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