California Criminal Defense Attorneys

October 22, 2010

Lindsay Lohan: Jail or Rehab?

Today, Lindsay Lohan is required to appear in person for a probation violation hearing for a drug test she failed last month relating to her DUI case. Lohan has been at the Betty Ford Center in Rancho Mirage, California, voluntarily for the past three weeks since she was bailed out of jail on September 24. It is Lohan’s fifth time in rehab, and may affect whether Lohan appears in court tomorrow.

Los Angeles criminal defense attorney Steve Sitkoff is not involved in Lohan’s case but told People.com, “The key here is her progress in treatment. The better she’s doing in rehab, the less likely Judge Elden Fox will throw her in jail. Judge Fox has to balance whether to help Lindsay with her addiction or punish her with jail. But if she continues to mess up by not following the court’s orders, he won’t hesitate to lock her up.”

There are a number of possible scenarios that may happen today. The famous actress may be found in violation and immediately sent back to jail, or she could be ordered to stay in rehab in lieu of jail. If her attorney provides a letter from the Betty Ford Center that details Lohan’s progress in rehab, she may skip the hearing altogether. There’s also a possibility Judge Fox may postpone the hearing to see how well Lohan does in treatment.

October 21, 2010

California Will Enforce Stricter DUI Laws In 2012

by Sitkoff Law Group, Inc.

On September 27, a new bill which penalizes repeat DUI offenders was signed into law by Governor Arnold Schwarzenegger. According to a report by the San Mateo County Times, under the new DUI law, drunk drivers who have been convicted of driving under the influence three times in 10 years could lose their licenses for a decade. California Assemblyman Jerry Hill believes that the new DUI law will take away up to 10,000 drivers’ licenses. The new law enforcement will begin January 1, 2012.

This new law is another attempt to crack down on DUI offenders in California. While the intent of the law is to penalize repeat offenders, it may have a devastating impact on drivers and the families of those who are wrongfully convicted of a California DUI. Losing your license for 10 years can seriously and adversely impact your life.

With this new California DUI law, if you are wrongfully charged with a first- or second-time DUI and you choose to accept the penalties, you are leaving the door open for future problems. This law is like the “three strikes law” – only instead of going to prison for the rest of your life, you lose your driving privileges for a decade.

October 20, 2010

Driving Over 100 Miles per Hour Can Have Serious Consequences

by Sitkoff Law Group, Inc.

Speeding can result in heavy fines, but driving over 100 mph can lead to harsher penalties. A traffic citation alleging that you drove over 100 mph is crucial to fight in court because the penalties are so harsh and increase with each traffic conviction. If you have a traffic ticket which charges you with driving over 100 mph, please do not hesitate to contact our experienced Los Angeles and Orange County speeding ticket attorneys to help you fight the traffic charges.

California Vehicle Code 22348 states: “A person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit.”

Drivers who are convicted of the traffic offense of driving over 100 mph face strict penalties:

October 14, 2010

Woman Charged with DUI in Los Angeles Fatal Car Accident

by Sitkoff Law Group, Inc.

A 20-year-old woman has been booked for felony drunk driving and manslaughter after a fatal Los Angeles car accident. According to ABC7, the fatal LA car crash took place on Western Avenue in South Los Angeles. Authorities believe that a 2003 Cadillac CTS veered from the northbound lanes into the southbound lanes of traffic where it collided with a 2008 Honda Civic and then crashed into a two-story apartment. Two passengers in the Cadillac died in the crash and the driver of the Honda was seriously injured.

Drivers facing Los Angeles DUI charges are looking at serious consequences, including up to six months in jail for first-time offenders and a $1,000 fine. Drivers who are convicted of causing a fatal California car collision while under the influence of alcohol face potentially life changing penalties, including up to10 years in a state prison. Drivers charged with California vehicular manslaughter while under the influence of alcohol could face 15 years to life if they have a prior DUI conviction on their record.

The penalties and fines for driving under the influence of alcohol have become so severe in California that it is crucial for anyone charged with a DUI to immediately contact an experienced Los Angeles drunk driving defense lawyer. A skilled criminal defense attorney will review all of the details surrounding the California car accident and the arrest to determine if any of the defendant’s rights were violated.

October 12, 2010

Westminster Man Arrested for Sexual Assault

by Sitkoff Law Group, Inc.

A 29-year-old Westminster man has been arrested for attempted rape and sexual battery. ABC7 reports that the alleged sex offenses occurred when a 29-year-old woman met the man at a gas station and agreed to follow him to a playground on Westminster Boulevard, where she told officials she was assaulted. Officials examined the scene where the alleged crime took place and arrested the man based on forensic evidence.

Attempted rape and sexual battery in Orange County are serious crimes with serious consequences. Under California Penal Code 243.4 (a): “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if that touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” An individual who is convicted of these charges could be punished with jail or prison time and severe fines.

If you have been accused of attempted rape or sexual battery, you need an experienced Orange County sex crime defense lawyer who will aggressively fight for your rights. The skilled criminal defense lawyers of Sitkoff Law Group, Inc. will conduct a thorough investigation, interview witnesses and examine evidence in order to build a solid legal defense. A sexual assault, rape, attempted rape or any other sex crime charge can change the course of your life, your career and your future. Call us today at 1-866-430-8383 to discuss your case and learn about your rights.

October 6, 2010

Los Angeles Ranked in Top 10 U.S. Cities for Alcohol-Related Driving Violations

by Sitkoff Law Group, Inc.

A new survey from Insurance.com studied 20 metropolitan cities in the United States and ranked four major California cities in the top ten for highest in alcohol-related driving violations. San Diego was ranked first and San Jose second; Los Angeles and San Francisco came in at seventh and eighth place, respectively.

The survey analyzed data reported by individuals looking for car insurance quotes over the last three years. Strict law enforcement may have played a key role in whether or how a city was ranked in the study, though it is important to note other factors, such as significant nightlife or a close proximity to colleges, could also contribute to the frequency of a metropolitan city’s alcohol-related driving violations.

It is illegal to drive in California with a blood alcohol content of 0.08 percent or higher. If convicted of a DUI in Los Angeles, you may face severe punishment such as license suspension or jail, even as a first-time offender. Harsher penalties are in place for multiple drunken driving offenses.

October 4, 2010

Clearing Your Criminal Record – Is it Possible to Get a Fresh Start?

by Sitkoff Law Group, Inc.

If you were convicted of a misdemeanor or felony in California, there is still a chance that your case could be expunged or dismissed, thereby clearing your criminal record. In some cases, we can file a motion on your behalf asking the court to withdraw your guilty or nolo contendere (no contest) plea or guilty verdict and enter a not guilty plea. The court will then set aside and dismiss the conviction. From that point, you are considered no longer convicted of the offense. This is our criminal justice system’s way of giving those convicted of crimes a second chance and an opportunity to make a fresh start.

However, not everyone can get their California criminal case dismissed or expunged. There are several criteria that must be met in order to qualify for such a procedure. You are eligible for a dismissal of conviction if:

You have successfully completed probation or obtained an early release

October 1, 2010

California Drug Court Could be an Alternative to Jail

by Sitkoff Law Group, Inc.

Those convicted of drug crimes in Los Angeles face stiff penalties, the most serious of them being jail or prison time. In some cases, alternative sentencing can be an option for those convicted of drug crimes. A skilled California drug charges defense attorney can work with a judge to determine if alternative sentencing is an option for a drug crime defendant.

Drug courts in California provide an opportunity for those who abuse drugs or have a continuing addiction issue. This is an opportunity for these individuals to receive treatment services in lieu of jail time. Instead of going to prison, candidates are required to attend recovery meetings and undergo frequent and random drug tests. Candidates are also required to make multiple court appearances to demonstrate their progress. By successfully finishing a drug court program, a candidate may avoid jail time while having his or her penalties reduced; and they may even have their California drug crime conviction dismissed!

Drug court requires the collaboration of judges, lawyers, drug abuse specialists, health officers, counselors and probation officers to create an environment that encourages drug recovery and rehabilitation. By subjecting themselves to enhanced supervision, drug court candidates have a support system to help them sober up and get their life back on track – something incarceration can never accomplish. The success and popularity of drug courts is growing in many California communities.

September 30, 2010

Legal Insight into Lindsay Lohan’s Jail Sentence

by Sitkoff Law Group, Inc.

At this point, it’s likely that you’ve heard about Lindsay Lohan’s legal troubles, and they are far from over. The New York Daily News reports that Lohan recently served 14 days in jail and 23 days in rehab as punishment for missing court-ordered alcohol counseling classes in relation to her DUIs from 2007. The famous actress is now being held in a solitary cell at a Lynwood, CA jail until a hearing on October 22 for failing a recent drug test.

The question now remains as to the potential penalties and rehabilitation programs Lohan may face. Her attorney is arguing that she was unlawfully denied bail and has filed for appeal. Last month, Judge Elden Fox stated that Lohan would be required to spend 30 days in county jail if she failed a drug test. Cocaine and amphetamines were detected to have been in the actress’s system.

In anticipating that Judge Fox would sentence Lohan right away due to the fact that she confessed and seemed to be prepared to face the consequences, Los Angeles DUI attorney Paul Takakjian stated, “If Judge Fox said on the record that she’d get 30 days for a dirty test, it’s highly unlikely she’ll receive anything less. He’d lose credibility…But he won’t exercise punitive control for the sake of being harsh. He’s one of the best judges we have and truly wants to help the people in his courtroom.”

September 29, 2010

Lindsay Lohan Held in Solitary Cell for Court Date after Failing Drug Test – Files Appeal to Be Released

by Sitkoff Law Group, Inc.

Lindsay Lohan has seen better days. A People.com article reports that the 24-year-old actress has been ordered to stay in jail until her hearing, which is scheduled for October 22. Lohan failed a court-ordered drug test relating to a 2007 DUI. While the article states that Lohan’s attorney has filed an appeal claiming that the actress was denied bail unlawfully, she is currently in a solitary cell at a Lynwood, CA jail.

It is not likely that Lohan will be released early due to overcrowding or good behavior since she is being held for a court date rather than for a sentence. However, in regards to Lohan’s appeal, experienced California criminal defense attorney Steve Sitkoff stated, “It’s anyone guess if the appellate court will overturn the judge’s order. Generally speaking, people are entitled to bail in a misdemeanor case, but the law in this regard is ambiguous.”

Facing criminal drug charges in California can be an intimidating experience, even if you are a celebrity. It is relatively common for an accused individual to be unsure of his or her legal rights and options after an arrest. While fully understanding the laws surrounding a criminal offense can be confusing, a skilled Los Angeles criminal defense lawyer will ensure that your case is thoroughly examined to ensure that all the proper evidence is gathered to build a strong defense on your behalf.

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