California Criminal Defense Attorneys

June 30, 2010

California DUI Checkpoint Leads to Many Citations

A recent Press Enterprise story reported that a Riverside sobriety checkpoint yielded only one DUI arrest. Officials say 2,830 vehicles went through the checkpoint. Of those vehicles, 1,110 cars were stopped. 93 citations were written (traffic citations are usually written for traffic or minor offenses), 74 vehicles were impounded, 58 drivers had suspended or revoked licenses and one person was arrested for a DUI.

If you are arrested or cited at a California DUI checkpoint, you should know about the rules police officers must follow at a checkpoint. First, the location of all checkpoints must be made public in advance of the checkpoint. They must advertise the location through television or newspaper ads. Police officers are supposed to pull over vehicles by a mathematical formula. They are not supposed to profile drivers or stop drivers because of their appearance. If you are pulled over because an officer thinks you may be intoxicated, you may be asked to perform field sobriety tests, commonly referred to as FST’s.

A DUI charge must be taken seriously. Even a first-time conviction can lead to jail time, fines and mutliple points on your license. If you are a commercial driver, you may lose your commercial driver’s license and lose your job if you are convicted for DUI. If you travel for work, you may have to find other means of transportation to continue working; as license suspensions or license revocations can last for up to three years for a DUI charge. Repeat offenders face even more severe charges. If you have been accused of DUI, please contact a Southern California DUI attorney.

June 29, 2010

California Considering Marking Sex Offenders’ Licenses

by Sitkoff Law Group, Inc.

California is considering legislation that will put a distinct mark on sex offenders’ driver’s licenses. The Huffington Post reports that the mark could be a distinctive stripe or color. Assemblymen Paul Cook and Pedro Nava authored the bill, which either marks driver’s licenses of sex offenders or forces them to carry a new government-issued ID card. This bill is just another possible penalty in a long line of legislation imposing harsh penalties for convicted sex offenders in California.

Convicted sex offenders don’t just face jail time and fines in California. Sex offenders are already required to register in the city in which they live. A few clicks online by their neighbors will bring up their address, information and sometimes even a photo. Convicted sex offenders face numerous challenges including finding a place to live and finding employment. These laws, restrictions and penalties are little consolation to the victims of sex crimes, but they are substantial and life-changing for wrongfully accused sex offenders.

If you have been charged with a sex crime, you should contact a California sex crime defense attorney. Do not speak with police until after consulting with a sex crimes defense lawyer. Remember, anything you say to the police or prosecutors will be used against you in court during your sex offense trial.

June 24, 2010

Penalties for Boating under the Influence

by Sitkoff Law Group, Inc.

Summer is here. Law enforcement agencies across the nation have launched safety awareness campaigns especially relating to driving under the influence, which usually increases during the summer months. What many of us do not realize is that a number of arrests for being under the influence of alcohol also occur on the water. The dangers of drinking and driving are common knowledge, but the risks of drinking and driving a boat or “boating under the influence” are less known.

According to statistics and reports, boaters with a blood alcohol content level of over 0.10 percent are 10 times more likely to die in a boating accident then someone boating sober. Also, 34 percent of all fatal boating accidents every year happen as a result of someone drinking and operating a boat

The penalties for being convicted of boating while intoxicated in Southern California can be as severe as a DUI. Penalties include fines, jail time and probation. Obviously, boating under the influence is a serious crime that can have terrible consequences, but being wrongfully charged with a BUI is also a big deal. Don’t leave your future up to chance. If you have been charged with boating under the influence, call a California boating under the influence defense lawyer right away.

June 22, 2010

Ignition Interlock Devices for CA DUI Offenders

by Sitkoff Law Group, Inc.

An ignition interlock device, or IID, tests a driver’s breath and prevents a vehicle’s engine from starting, when the individual is determined to be have too much alcohol on their breath or they a under the influence of alcohol. A driver must first blow into a small handheld alcohol sensor that is connected to the dashboard. This device has a preset acceptable blood alcohol level which is usually around .02 percent and .04 percent.

If the person’s breath shows a blood alcohol level higher than the pre-set level, the car will not start. Many of these devices also have a rolling retest that forces the driver to breathe into it again during the drive. This is to ensure that a friend didn’t take the test for the driver and then let the driver leave on his or her own.

A number of states including California are beginning to require IIDs for repeat DUI offenders or even first-time offenders. There is no question that having to install an IID adds to the cost of a DUI. The cost of installing and maintaining an IID is about $60 a month. California is one of several states that mandate ignition interlock devices for repeat DUI offenders. Counties such as Los Angeles and Orange can even require IIDs for first-time offenders.

June 17, 2010

The Role of Search and Seizure Laws in Drug Crime Cases

by Sitkoff Law Group, Inc.

The Fourth Amendment was created to protect the personal rights and privacy of American citizens. It gives people the right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” This law dictates how specific warrants must be sought, made and executed. When dealing with drug cases, this amendment becomes particularly important. How the police find and confiscate the drugs are crucial in any drug crime case. There are a number of factors that determine if the search and seizure of admissible evidence is valid in court.

The Fourth Amendment applies when you have a legitimate expectation of privacy. Did you expect some degree of privacy and was that expectation reasonable? For example, when you are in a public restroom, you expect to have privacy. A hidden camera in a public restroom or in the privacy of a hotel room is not legal police conduct. Did you give “consent” to the officer to search your car? Did the officer conduct a search of your pockets without your permission? Each of these could be a violation of your Fourth Amendment Rights.

If drugs are found in an illegal search, they cannot be used directly as evidence in a criminal prosecution. This is known as the exclusionary rule. While some believe this is an unfair loophole that lets criminals off on a technicality, others believe it is part of our rights as Americans to protect our privacy. The type and quantity of the drugs found dictate how serious the charges could be. If more drugs are found than one person can reasonably have for personal use, charges to distribute or possession for sale drug charges may be filed. Again, what the police did and how these drugs were obtained could make the difference between considerable fines and jail time versus having your case thrown out.

June 15, 2010

The Requirement to Register as a Sex Offender

by Sitkoff Law Group, Inc.

A major consequence of being convicted of a sex crime in California is the requirement to register as a sex offender. As a sex crimes registrant, the public has access to your address, photograph and the crimes you have been convicted of through the Department of Justice’s Megan’s Law database.

Megan’s Law, named after 7-year-old sex crime victim Megan Kanka, was passed on August 24, 2004. It was signed into law in September 2004. This database aims to provide the public with information about sex offenders in their area.

Registering as a sex offender in Southern California seriously affects an individual who has been convicted of a sex offense or served time in prison. However, a person is still penalized once they are back in society, even after they have served their sentence. Some sex offenders who are “found out” by their neighbors through the database may feel pressured to leave the neighborhood. A number of sex offenders end up living in motels because they cannot even rent a home without neighbors protesting. This is probably one of the most serious consequences of being convicted of a sex crime in Los Angeles or Orange County. Even false allegations of a sex crime are usually sufficient to taint your reputation for a lifetime. A conviction takes it several steps further by putting you on a database and branding you as a “sex offender” for life.

June 10, 2010

What are the Consequences of a DUI in California?

by Sitkoff Law Group, Inc.

California has a long history of initiating harsh penalties on drivers convicted of driving under the influence. Even a first offense for drunk driving can lead to serious consequences. If you are over 21-years-old and are convicted of driving under the influence in California, you are facing:

Suspension or revocation of your driving license
Significant fees and fines

June 8, 2010

Orange County Auto Body Shop Insurance Fraud Sting Results in Several Arrests

by Sitkoff Law Group, Inc.

A five-month-long sting operation in Orange County has resulted in 53 auto body repair workers, including 24 repair shop owners, being charged with insurance fraud. According to an OC Register article, “Operation Straight Body” was geared towards discovering automobile repair shops engaging in fraudulent insurance practices. Every arrested body shop worker and/or owner has been charged with one felony count of insurance fraud in Orange County.

While government officials state that the auto body shop sting operation in Orange County will help prevent taxpayers from paying hefty sums for fraud through higher insurance rates, many of the arrested individuals and some of their employers are skeptical about the procedures and legalities of the operation.

The sting operation revolved around Orange County District Attorney investigators pretending to be body shop customers. The undercover investigators apparently asked shop workers if they could repair new damage to a car in addition to damage sustained before the car was purchased – all under the same insurance estimate. Since insurance claims are not allowed to be filed for old damage, acquired before a policy has been issued, the body shop owners and employees who allegedly agreed to an undercover investigator’s request were arrested. However, they may be innocent. The actual wording used by the undercover investigator is extremely important. If all of the damage was to be paid by the alleged owner of the car or if the claim were to be paid by an insurance company allegedly for only one traffic collision, and if any misrepresentations were made by the investigator, this could cause all charges to be dismissed.
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June 8, 2010

Driver Arrested For DUI in Irvine

by Sitkoff Law Group, Inc.

A driver was arrested for drunk driving in Orange County after he allegedly struck two other vehicles on the 5 Freeway in Irvine. According to a news report in The Orange County Register, the driver of a Dodge Dakota struck a Toyota Tundra and a big rig. The accident reportedly caused injuries. The driver of the Dodge was given a field sobriety test and was then arrested for driving under the influence.

There are many details that go into the defense of an Irvine drunk driving charge. Was a Breathalyzer test given? If it was, when was the last time the Breathalyzer was calibrated? Were the rights of the accused followed during the arrest?

It is important to consult a skilled DUI Irvine defense attorney if you face DUI charges. The stakes are too high not to. Multiple drunk driving convictions carry even greater penalties. A first-time DUI offense could result in a six-month jail sentence, six-month license suspension and monetary fines of up to $1,000. A second DUI offense could result in a one-year jail sentence, two-year driver’s license suspension and more severe fines.

June 3, 2010

Eight Arrested On Drug Charges in San Luis Obispo

by Sitkoff Law Group, Inc.

The San Luis Obispo County Narcotics Task Force arrested eight people on drug charges at a 420 festival. Central Coast News reports that the festival took place at the Pozo Saloon in Santa Margarita. The eight individuals arrested are all in their 20s and face a litany of drug charges from possession of drugs to sale. Some have been arrested and charged with selling a controlled substance. Others were charged with possession for sale of a controlled substance. All eight were charged with Health and Safety Code Section 11352. This safety code involves the possession of a controlled substance without a prescription.

An experienced California drug crime defense lawyer will investigate an individual’s case to ensure that his or her Constitutional rights were not violated when evidence was being gathered, or during arrest or interrogation procedures. Attorneys must be well aware of search and seizure laws and be able to immediately assess whether the defendants’ constitutional rights were violated.

A drug crime conviction can change your life forever. Even if you are able to lessen the charges against you, any conviction can hurt your employment prospects and subsequently your finances and your future. It’s important to meet these charges head-on with a skilled criminal defense lawyer who knows how to break down each detail of your case and build a strong, effective defense strategy.

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