California Criminal Defense Attorneys

August 24, 2010

Proposition 36 Provides Treatment Options to Those Convicted of Drug Offenses

California’s Substance Abuse and Crime Prevention Act, known as “Proposition 36,” was passed by California voters in 2000. Proposition 36 allows people receiving their first or second nonviolent, simple drug possession conviction to seek treatment instead of going to jail. By taking Proposition 36’s treatment option, over 36,000 California residents get help for drug addiction each year instead of going to jail.

Californians who are eligible for Proposition 36 treatment must meet certain criteria. First, they must not have been convicted of a violent or serious felony, including manufacturing or selling illegal drugs. Second, they must be on their first or second conviction for drug possession or being under the influence, be on probation for drug possession or being under the influence, or be on parole for a nonviolent felony.

Under Proposition 36, a judge in charge of sentencing an eligible person may choose to place that person on probation and require that he or she complete a drug treatment program. The length and intensity of the drug treatment program varies with each individual case. Once the treatment program is over, their attorney may petition the court to dismiss the drug charges.

August 19, 2010

Sex Crime Laws Involving Lewd Acts upon a Child

by Sitkoff Law Group, Inc.

All sex crime charges in California are serious and carry severe penalties. California Penal Code section 288 (a) covers sex crimes with a minor under the age of 14. This law exists to protect those that cannot protect themselves and it is a necessary and important law. Unfortunately, it is also a very broad law and it often leads to convictions of individuals who had no intent of doing harm or whose actions may have been misunderstood. Understanding this important law is extremely critical, especially for those who work with and around children.

California Penal Code section 288 (a) states: “Any person who willfully and lewdly 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.” This is a felony punishable with up to eight years in prison for each count.

This law defines acts as lewd or lascivious when the intent is to arouse the desires of either party. There does not need to be bare skin touching to be considered lewd. There does not have to be actual arousal either. There only has to be the intent for arousal. A child under 14 cannot legally give consent. Not knowing the age of the minor is not a defense.
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August 17, 2010

When Traffic Tickets Result in Points on Your Driver License

by Sitkoff Law Group, Inc.

You have probably heard it before, “Driving is a privilege, not a right.” The DMV can take your driver’s license even though you “need” to get to work or school. The government, through the California DMV, monitors drivers by using points in the Negligent Operator Point System. You have probably heard the phrase “points on your license” a number of times, but have you ever really thought about what it means?

Points are a way to monitor drivers who consistently get traffic citations. Ultimately, getting points on your license can lead to having your California driver license taken away. Points can be put on your driver license for a number of different reasons. The points you receive on your driver license for minor offenses generally remain for three years. The criminal record and notations you acquire from misdemeanor convictions, such as DUI, stay on your license for ten years. Here is a brief synopsis of the Negligent Operator System and what you need to know.

Actions that result in points on your license:

One Point – Radar or Lidar speeding tickets, an unsafe lane change, running a red light or a red light photo ticket, and being at fault for an accident will result in a point on your license.
One and one half point if you are a commercial driver.
Two Points – If you are involved in a hit-and-run, DUI, you drive on a restricted or suspended license or if you are convicted for reckless driving, you will receive two points on your California driver license.

The number of points you receive over a period of time determines if you are considered a negligent driver. You are considered negligent if you have:

Four points in one year
Six points in two years
Eight points in three years

August 12, 2010

Seeking Rehabilitation to Lessen DUI Charges

by Sitkoff Law Group, Inc.

You have probably seen countless headlines that read, “Famous Actor Checks into Rehab Following DUI Charge.” With DUI cases, the accused driver will often be held until he or she sobers up. Then the jail will release them on a citation and their promise to appear in court. Or they may have to post bail before they can be released. The defendant will be allowed to leave if bail is posted and the judge approves of the release. The arraignment is the next time an alleged DUI offender will have to appear in court. If it is a felony, a preliminary hearing is later held to determine if there is reasonable cause to have a trial. In California, a DUI conviction does not always mean a jail sentence. But it is important that you have a knowledgeable DUI lawyer on your side who can get you the help you need. If addiction is your problem, jail is not the answer.

One reason, so many people immediately go into rehabilitation clinics for alcoholism following an arrest, is to show an acceptance of their alcohol and/or drug problem and a desire to make a change. When determining California penalties for a DUI conviction, judges have many factors to consider. Repeat offenders and drivers that cause accidents and injuries face stiffer penalties than first-time DUI offenders who are arrested without causing injury or harm to others.
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August 10, 2010

Laws Relating to Cultivating Marijuana in California

by Sitkoff Law Group, Inc.

Marijuana laws in California can be complicated and confusing. While some people can legally purchase, cultivate and use it for medicinal purposes, it remains an illegal substance under federal law. There are also a number of restrictions on marijuana possession and its transport that makes these laws complex and difficult to understand.

Growing any amount of marijuana is considered a felony under the Health and Safety Code section 11358. There are lesser charges for those accused of cultivation for personal use only. To determine if there is intent to sell, police will look for evidence such as large quantities of cash, “pays and owes” transaction ledgers, scales, substantial amounts of marijuana and packaging material. Under California law, it is legal for a medical patient and their caregiver, when applicable, to possess and cultivate marijuana. It is, however, still illegal to cultivate medical marijuana when there is intent to sell. You can only legally cultivate medical marijuana in California after receiving approval from a physician. And even then, it is still illegal under federal law.

Certain medical patients can legally grow it as long as they have no intent to sell it. Under California law, they cannot legally have it in their car (Vehicle Code 23222). The marijuana laws in California are even further confused by the fact that marijuana is still considered illegal under the federal Controlled Substances Act. Fortunately, for those in need of medical marijuana, federal law rarely comes into play in marijuana cases in California unless large-scale distribution is suspected.

August 5, 2010

Drug Possession Charges in California

by Sitkoff Law Group, Inc.

Under California law, it is a crime to possess illegal or controlled substances such as marijuana, LSD, heroin, methamphetamine “meth” or cocaine. State and federal possession laws also make it illegal to possess chemicals that can be used to manufacture these drugs. The severity of drug charges in California depends on the amount of drugs found and the defendant’s prior criminal record. If you have been charged with drug possession anywhere in Southern California, you need successful drug lawyers to represent you. Even a minor conviction may lead to lengthy prison time.

The amount of drugs that are found directly affects the severity of the charges. If a small amount of drugs are found, you may be facing a misdemeanor with probation. If the amount of drugs found is significant, you may be facing felony charges and time in state prison. If the amount of drugs that are found is considered more than one person would normally to use, then you may be charged with possession with intent to sell or distribute drugs.

Where the drugs are found and seized by police may directly affect the case against you. A California drug possession defense attorney will carefully examine the actions of the officers involved to make sure that your Constitutional Rights were not violated. If it is determined that your Constitutional Rights were violated, your drug case may be dismissed.

August 3, 2010

Internet Sex Crime Charges Can Have Life-Altering Consequences

by Sitkoff Law Group, Inc.

When you are accused of a sex crime, many people think that the charge alone can be enough to tarnish your reputation and jeopardize your career. All sex crime allegations must be aggressively fought with the help of an experienced Los Angeles or Orange County sex offense attorney. Internet sex crimes are require a sex crimes defense attorney who has extensive knowledge of techniques used by police investigators.

Internet sex crimes often involve cases where the victim and the defendant “meet online,” when communications involving solicitation of sex take place via e-mail or when online child pornography is involved. Many sex crime allegations come from Internet users meeting and chatting online. Often, police officers will pose as others to try to entrap an individual in to making online remarks that may be misinterpreted. Even a minor misunderstanding during such a communication can quickly turn into someone being wrongfully accused of a serious sex crime.
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July 30, 2010

Lindsay Lohan to Serve 3 Months in Rehab Directly after Jail Release

by Sitkoff Law Group, Inc.

Actress Lindsay Lohan, 24, has been ordered to report directly to a rehab facility to complete a three-month stay once she is finished serving her probation violation jail sentence. Los Angeles criminal defense attorney Steve Sitkoff stated in a People.com article that the judge is most likely concerned about Lohan experiencing a relapse if she is allowed any unsupervised time in between jail and rehabilitation. Mr. Sitkoff has handled over 100 cases similar to Lohan’s; however, he is not involved in her case.

In referring to Lohan’s order to report directly to rehab after being released from jail, Mr. Sitkoff stated, “The temptations for a newly released inmate are far too great. And given Lindsay’s track record, it seems the judge wants to remind her who’s in charge.”

Since July 20, Lohan has been serving a 90-day sentence in a solitary cell for the violation of her probation for a 2007 drunk driving arrest. Her prospective early release from jail is reportedly attributed to good behavior and overcrowding at the Century Regional Detention Facility in Lynwood, CA.
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July 29, 2010

Sonora California Woman Arrested for Drug Possession

by Sitkoff Law Group, Inc.

A 35-year-old woman from Sonora, California was arrested on drug charges after officials found 5.3 grams of methamphetamine, syringes, drug paraphernalia and a marijuana cigarette after pulling her over for another violation. According to a news report in MyMotherLode.com, the woman faces serious California meth drug possession charges.

Whenever drugs are confiscated, a California drug crime defense attorney will be needed to investigate whether an individual’s rights were infringed upon. A police officer cannot simply search a vehicle for drugs without probable cause. If illegal items are visible to anyone looking into a car window, they may be eligible to be seized by police. But without having facts to justify a search, items that are hidden in the trunk or glove compartment are harder for police to obtain.

Even when illegal drugs, such as Meth or Cocaine are found, a drug lawyer can play an important role in court. There are often alternative sentencing options available to people charged with a drug crime. Community service, rehabilitation and weekend jails may be some viable options for a person facing jail time and other serious penalties. A drug crime attorney in California can be a valuable asset in a possession case by reviewing all possible options for someone charged with a drug crime. California drug crime convictions carry severe penalties. You need an experienced criminal defense lawyer on your side.

July 27, 2010

California Man Arrested for Contacting Teen through MySpace

by Sitkoff Law Group, Inc.

A 25-year-old man was arrested in Gardena for allegedly contacting a minor over the Internet for sex. Earlier in the week, authorities took over the MySpace account of a 12-year-old girl and arranged a meeting with the man. MyFoxLA.com reports that the man showed up to the meeting place and was charged with committing a lewd act on a child and contacting and arranging a meeting with a minor with intent to engage in a lewd act.

Sex crimes in California have serious consequences. A sex crime conviction in California could very well result in prison time, steep fines and mandatory registration as a sex offender. However, a significant number of the people charged with lewd acts with a child (California Penal Code 288) are falsely accused. Misunderstandings and miscommunications can happen and mistakes can be made. Lewd acts with a child laws are broad and can be difficult to understand. If you have been accused of such crimes, you need an experienced Los Angeles County sex crimes lawyer to help you fight these charges and clear your name and reputation.

Our Los Angeles sex crime defense attorneys will thoroughly investigate the allegations. A sex offense lawyer will interview people witness and thoroughly research the email, online chat records and any tape recordings that were made to see if any entrapment issues arise. If you have been falsely accused of a sex crime with a minor, it is crucial that you approach the sex offense allegations aggressively and constructively so that your reputation and future are not put in jeopardy.

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