California Criminal Defense Attorneys

September 27, 2010

Lindsay Lohan Fails Drug Test, Sent Back to Jail for Violating Probation

A People.com article reported on Thursday, September 23, that Lindsay Lohan had failed a drug test and was ordered to appear before a Beverly Hills judge on Friday. The well-known actress was reported to have tested positive for cocaine and amphetamines. In anticipating that Superior Court Judge Elden Fox would order more rehab for Lohan instead of giving her a jail sentence, Los Angeles criminal defense attorney Steve Sitkoff told People, “Judge Fox is a compassionate judge who might choose to help her with her addiction versus just punishing her with jail.” According to Lohan’s probation terms, she could face 30 days in jail if she failed to take a drug test or got a positive result.

The Los Angeles Times reported on Friday, September 24 that Judge Fox ordered Lohan to jail for violating her probation by testing positive for a controlled substance. It was the Judge’s decision as to whether Lohan would be sent back to drug rehabilitation for treatment or face jail time. Judge Fox stated that additional information was needed from probation officials regarding Lohan’s condition before a revocation hearing could take place. Lohan was then ordered into custody without bail. The court date has been scheduled for October 22.

You don’t have to be a celebrity to feel under the spotlight when facing drug charges in Los Angeles. Being accused of a drug offense can be an intimidating process, leaving several individuals unsure about his or her legal rights. Addiction is a very serious and complex issue that should be thoroughly evaluated in drug crime cases to help the accused establish a healthy way of rejoining society as a productive contributor. Too often the social stigma that comes along with a drug offense overshadows a person’s need for rehabilitation and treatment.

September 27, 2010

California Drug Bust Leads to Several Arrests

by Sitkoff Law Group, Inc.

Five people were arrested in a Southern California drug bust on September 10, 2010. According to an ABC News report, the suspects face many charges including possession of narcotics, violation of probation and parole, being under the influence of controlled substances and possession with intent to sell. During the raid, authorities found marijuana plants, methamphetamines and evidence, which they say, showed intent to sell the drugs. An investigation is underway.

Drug charges in California are very serious and result in harsh penalties. It is illegal to possess, sell or transport any type of narcotic or controlled substance. State and federal laws prohibit it. When it comes to marijuana, the state of California allows the drug for medical use only. The severity of the penalties in drug crimes depends upon a number of factors. Possession with intent to sell, for example, results in stricter penalties than possession for personal use only. The amount and type of drugs found may also determine the charges in these types of cases.

A skilled Orange County drug crime defense lawyer will have an understanding of California’s “search and seizure” laws and will conduct an investigation to determine if any rights were violated during such police raids. If you have been charged with a drug offense in Southern California, please contact a knowledgeable drug crime defense attorney at Sitkoff Law Group, Inc.. Call us at 1-866-430-8383 for a free and comprehensive consultation.

September 24, 2010

Eleven Arrests Made at Southern California DUI Checkpoint (September 11, 2010)

by Sitkoff Law Group, Inc.

A DUI checkpoint in Southern California resulted in 11 arrests on September 10 and September 11, 2010. The Fontana Police Department also reported 121 citations and 91 vehicles impounded as a result of the drunk driving checkpoint. According to a report by the San Bernardino County Sun, 1,190 vehicles passed through the checkpoint and police stopped 167 drivers. Five of the people stopped at the checkpoint were arrested for driving under the influence, four had outstanding warrants and two were arrested on felony drug charges.

DUI checkpoints have been on the rise in Southern California. A number of police departments get funding from the California Office of Traffic Safety through the National Highway Traffic Safety Administration to conduct these checkpoints. Police officers conducting stops at DUI checkpoints must adhere to strict guidelines and regulations. All checkpoints must be made public through a television or newspaper announcement. Officers working at a checkpoint are required to stop vehicles by a mathematical formula and not by the appearance of the driver. If a California field sobriety test (FST) is conducted, there are many conditions that must be met for the test to be admissible in court.

Anyone arrested at a California DUI checkpoint has it in his or her best interest to contact a California drunk driving defense lawyer. A DUI defense attorney will review the details surrounding your arrest and determine if your rights were violated. When charges cannot be thrown out, a skilled California defense attorney will seek lessened penalties and alternative sentencing to limit jail time. If you have been accused of driving under the influence in Southern California, please contact the law offices of Sitkoff Law Group, Inc. by calling 1-866-430-8383 for a free consultation and case evaluation.

September 21, 2010

Chelsea’s Law Signed by Gov. Schwarzenegger

by Sitkoff Law Group, Inc.

A new law to crack down on sex offenders in California and to track convicted criminals on parole was signed by Governor Arnold Schwarzenegger on September 9, 2010. According to a news report in the San Francisco Examiner, Chelsea’s Law is named after Chelsea King, who was raped and murdered by a convicted sex offender in San Diego in February. Chelsea’s Law (AB 1822) mandates GPS tracking for those on parole who have been convicted of sexually assaulting minors under the age of 14. The new law also allows life sentences without parole for some California sex offenders and imposes stricter parole conditions for many sex offenders.

As Los Angeles sex crime defense lawyers, we know that there is a flip side to this issue. Unfortunately, the new law may also take away the rights of those who are falsely charged with sexual assault. Having a GPS track your every move is just one more consequence that comes from being convicted of a sex crime in California. Convicted sex offenders, in addition to facing incarceration, are also required to register as a sex offender for the rest of their lives under California law.

If you have been charged with a sex crime in California, it is crucial that you contact a skilled Los Angeles County sex crime defense lawyer immediately. Speaking with authorities without legal representation can be detrimental to your case and have devastating consequences. The criminal defense attorneys at Sitkoff Law Group, Inc. understand that the stakes are high for those charged with sex crimes. If you have been accused of committing a sex crime, please call us at 1-866-430-8383. Our skilled criminal defense team will review your case and aggressively fight the charges against you.

September 20, 2010

Faith Evans Charged with DUI in Los Angeles

by Sitkoff Law Group, Inc.

Singer Faith Evans has been charged with two counts of driving under the influence of alcohol in Los Angeles, according to the celebrity news Web site, TMZ. Evans was stopped at a DUI checkpoint near Marina Del Rey. Authorities apparently detected alcohol in her breath and impounded the singer’s car and held her in jail overnight. If convicted on both California DUI counts, Evans could face up to six months in jail.

In California it is illegal to drive with blood alcohol content of 0.08 percent or higher. According to California Vehicle Code Section 23152 (a): “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.”

Law enforcement officers usually use certain standard tests to determine whether a driver is under the influence or not. One of the most common tests used in a California DUI investigation is a set of field sobriety tests (FSTs). As Los Angeles DUI defense lawyers, we know that these tests have a huge margin of error. A driver who is fatigued or ill could easily fail these field sobriety tests. Breathalyzer tests can also be erratic if the instrument measuring blood alcohol content is not properly calibrated.

September 13, 2010

Alternative Sentencing for California DUI Offenders

by Sitkoff Law Group, Inc.

Individuals charged with driving under the influence of alcohol face stiff California DUI penalties. Anyone convicted of a DUI faces jail time, driver’s license suspension, fees, points on their license and mandatory enrollment in alcohol treatment programs. Each DUI case is different and some face harsher consequences than others. But whatever the seriousness of the charges, it is important that defendants have an experienced California DUI defense attorney on their side.

Not many people realize that they may not have to spend time in jail after a DUI conviction. California has created alternative sentencing options for those convicted of a DUI. Depending on your case, you may be able to avoid jail time by accepting alternative sentencing options. If you have been charged with driving under the influence of drugs or alcohol, contact an experienced DUI defense lawyer right away to discuss what options you may have. If you happen to be convicted, you may be able to continue to reside in your own home and even keep your job while serving your sentence.

The idea behind alternative sentencing is to punish a DUI offender while allowing him or her to keep their job. There are programs that allow a DUI offender to avoid jail time by spending that time doing something productive such as community service, electronic monitoring or house arrest. Instead of going to jail, a DUI offender may be able to participate in freeway cleanup, live in a sober living environment or attend Alcoholics Anonymous.

September 10, 2010

Motley Crue Lead Singer Vince Neil Arrested for DUI

by Sitkoff Law Group, Inc.

A recent report on celebrity news website, TMZ, states that Motley Crue singer, Vince Neil, had a blood alcohol content of 0.216, almost three times the legal limit, soon after his arrest in June for driving under the influence. Las Vegas police pulled Neil over for weaving in and out of traffic and traveling at 60 mph in a 45-mph zone. Neil then allegedly failed three field sobriety tests and two Breathalyzer tests.

Similar to Nevada law, under California DUI law it is illegal for anyone to drive under the influence of alcohol and/or drugs. According to California Vehicle Code Section 23152 (a): “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.” It is illegal for anyone to drive with a blood alcohol content of 0.08 percent in all states including California.

If you have been arrested for DUI or driving under the influence, remember that you may face serious consequences. Some DUI penalties include fines, a mandatory alcohol treatment program, loss or suspension of driver’s license and possible jail time. Field sobriety tests and blood alcohol tests can be tricky and prone to error. An experienced DUI defense lawyer will be able to challenge these test results on behalf of defendants and help get the case either dismissed or the charges reduced.

September 2, 2010

CA Traffic Tickets for Commercial Drivers Mean Extra Points

by Sitkoff Law Group, Inc.

In California, the Department of Motor Vehicles uses a “point system” to keep track of Californians’ driving records. Each driver starts out with a clean slate. Points are added whenever the driver receives a ticket or is arrested for a driving infraction. Although points can hurt anyone’s driving privileges, the stakes are higher for commercial drivers. In California, a commercial driver receives more points than the ordinary motorist for the same offense.

For motorists driving private vehicles, most infractions earn only one or two points. For instance, causing a traffic accident or running a red light is worth one point apiece. Driving under the influence of drugs or alcohol (DUI) is a two-point offense. The state can suspend or even revoke your driver’s license if you collect four points in a 12-month period, six points in a 24-month period, or eight points in a 36-month period.

California commercial drivers, however, receive one and a half points for every one-point offense and three points for every two-point offense. This means that traffic infractions by commercial drivers are more costly and commercial drivers who commit too many of them may have their licenses suspended or revoked much more quickly than the average motorist who made the same mistakes.

August 30, 2010

California Steps Up DUI Surveillance over the Labor Day Weekend

by Sitkoff Law Group, Inc.

California is partnering with the National Highway Traffic Safety Administration (NHTSA) to set up more DUI checkpoints, place more police DUI task force officers on the road, and increase scrutiny of people with multiple DUI convictions. Known as the California Avoid DUI Campaign, this increased surveillance is intended to keep drunk drivers off the roads over the Labor Day holiday.

Both at DUI sobriety checkpoints and while patrolling in police vehicles, police will be looking for signs that drivers are impaired or intoxicated. Since the goal of the increase in patrols is to catch as many people driving under the influence as possible; police may also pull you over for minor traffic infractions or vehicle problems such as a broken headlight. The police may even stop you if your driving doesn’t indicate you may be under the influence of alcohol.

If you are pulled over by police or stopped at a California DUI sobriety checkpoint; sit calmly in your car with your hands on the steering wheel. Remember to always keep your license, registration, and proof of insurance in a place where they will be ready to hand to the police officer. The officer may ask you where you’re coming from, where you’re going, and whether you’ve been drinking. You have the right to politely refuse to answer these questions. Admitting you have been drinking is enough for a police officer to try to administer field sobriety tests. These tests are notoriously difficult to give and to perform. Because it’s so easy to do them incorrectly, taking them may result in a DUI arrest even if you are not impaired.

August 26, 2010

How a “Blood Split” Can Save Your DUI Case

by Sitkoff Law Group, Inc.

California law prohibits driving a motor vehicle, boat, or even a jet ski if your blood alcohol concentration (BAC) is over 0.08 percent. When you are pulled over for a DUI in California, the police may expect you to take a breath test or a blood test to reveal your BAC. The results of these tests are given great weight by the prosecutor and the court, even though the tests may be performed incorrectly.

If the police draw your blood to determine your BAC, they must keep the sample preserved for future testing. Your DUI attorney can file a motion to have a “blood split” performed. A blood split is an independent test of the blood sample that can reveal many things. For example, a blood split may reveal:

that your BAC was under 0.08 % at the time of your arrest;

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