California Criminal Defense Attorneys

July 24, 2012

LAPD Targets Theater Where Actor Fred Willard Was Arrested

Actor-comedian Fred Willard, 72, was recently arrested for lewd conduct in an adult movie theater in Los Angeles. According to a news report in the Los Angeles Times, the arrest occurred at the Tiki Theater on Santa Monica Boulevard. Police officers say they were performing a spot check on the theater when they noticed Willard performing an unspecified lewd act. He was arrested for engaging in a lewd act and released. Officers have visited the Tiki Theater 40 times since November of last year and have made 23 arrests in those visits.

There are many acts that can result in criminal charges under California Code 647. For example, an individual 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,” or who “loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act” is guilty of disorderly conduct. A lewd act may also involve indecent exposure, masturbation, or proposals of sexual acts in a public location.

It is common for these types of arrests to result from an entrapment. Officers often go undercover to bait an individual to commit an indecent act. It is also common for officers to focus on a location where they believe that lewd behavior may take place. In such cases, it is important to look into whether officers followed proper procedures while conducting the raid and making the arrest.

July 19, 2012

Challenging the Validity of Field Sobriety Tests after a California DUI Arrest

by Sitkoff & Hanrahan, LLP

During a traffic stop, it is the police officer’s responsibility to look for signs of intoxication. The officer will try to notice if there is any alcohol visible in the vehicle. He or she will listen for slurred speech and attempt to detect the odor of alcohol on your breath. If there are any signs that you may be intoxicated, you may be asked to perform a few field sobriety tests. How you perform in the tests may lead to a breath test or a trip to the station for an official blood test.

There are a number of mistakes that can be made during a field sobriety test in California. Was the test given on an uneven surface? A couple of the series of tests involve balance challenges. When these tests are taken on cracked or uneven surfaces, even a sober suspect may struggle to appear coordinated.

It is also important to determine the ability of the officer to accurately conduct the tests. The Horizontal Gaze Nystagmus test requires officers to carefully watch for an involuntary jerking of the eye. Only a trained professional can truly notice the difference between a smooth and jerking eye, and there are many medical conditions that can make this test an inaccurate way to prove intoxication.

July 17, 2012

NFL Cornerback Eric Wright Arrested on DUI Charges in Los Angeles

by Sitkoff & Hanrahan, LLP

Eric Wright, defensive player for the Tampa Bay Buccaneers, was arrested in Los Angeles for allegedly driving under the influence. According to an ESPN news report, the arrest resulted from a car accident that occurred several blocks away from the Staples Center in downtown Los Angeles. Officials say the Mercedes SLS that Wright was driving rear-ended a pickup truck. He allegedly told the officers that he had been drinking at a friend’s house. After refusing to take sobriety tests, he was booked on suspicion of California felony DUI.

Under California law, there is an implied consent rule. This means that if you are lawfully arrested for a DUI, you are deemed to have given consent to a chemical testing of the amount of alcohol in your system. You do not, however, have to submit to a breath test until you have been arrested. Once taken to the station, you must consent to the blood, breath, or urine test requested by the authorities under the law. A failure to do so could result in additional charges.

If your BAC is determined to be .08 percent or higher, you will face DUI charges. A first time offender faces penalties including probation, fines totaling up to $2,000, driver’s license suspension, and mandatory alcohol education programs. Under some circumstances, a first-time offender may even face jail time. A skilled criminal defense attorney will know how to fight the charges and how to negotiate for lesser penalties.

July 11, 2012

Punk Rock Singer Casey Chaos Arrested for Driving under the Influence in Studio City

by Sitkoff & Hanrahan, LLP

Indie punk rock singer Karim George Chmielinski, known as “Casey Chaos”, was arrested after allegedly striking multiple vehicles and driving away. According to a CBS Los Angeles news report, the incident occurred along Hillslope Street and Laurel Grove Avenue near Ventura Boulevard in Studio City. Officials say his vehicle struck three vehicles that were parked on the street. He suffered a bloody nose after hitting his steering wheel and reportedly failed a field sobriety test. It is unclear from the report if the field sobriety test was given while he was still shaken up and injured from the collisions. According to a report in LA Weekly, he was booked under $5,000 bail for drunk driving and hit-and-run.

California DUIs are “priorable” offenses. With each successive DUI conviction within a 10-year period, the resulting penalties are likely to increase. For example, first-time DUI offenders may face a three to five year probation, up to six months in county jail, up to $1,000 in fines, and a six to 10 month license suspension. A second offense, however, can result in up to a year of jail time and a two-year driver’s license suspension.

There are serious consequences for alcohol-related driving incidents in California. Anyone facing these types of charges should seek out immediate support from a skilled defense attorney. The experienced Studio City drunk driving defense lawyers at Sitkoff & Hanrahan have a long history of handling drunk driving cases in southern California. We know how to negotiate for lesser penalties and how to keep our clients out of jail. If you or a loved one has been involved in an alcohol-related collision, please call our offices right away at (866) 430-8383 for a free consultation.

July 9, 2012

Hundreds of DUI Arrests Reported in Los Angeles During July 4th Holiday

by Sitkoff & Hanrahan, LLP

California Highway Patrol officials made hundreds of DUI arrests during the lead up to the Fourth of July holiday in the Los Angeles area. According to a KTLA news report, 568 DUI-related arrests were made in Los Angeles County between Friday June 29 and Wednesday July 4, 2012. Officials say that this year reflects a drop in arrests from the 836 DUI arrests made over the same period in 2011.

Anyone who was arrested for driving under the influence during this year’s heightened DUI saturation patrols would be well advised to take their situation seriously. There are severe penalties for drunk driving in California. First-time DUI offenders could face between four days and six months of jail time. They will also have to pay between $1,400 and $2,600 in fines and face a driver’s license suspension anywhere between 30 days and 10 months. A second offense may result in jail time of up to one year, fines up to $2,800, and a license suspension as lengthy as two years.

Any driver with a BAC over .08 percent will likely face these serious DUI penalties. Drivers who are under the age of 21 could face underage DUI penalties if their BAC is over .01 percent. In other words, underage drivers will face severe consequences if any alcohol is found in their system while driving.

July 5, 2012

New CA Bill Will Allow School Districts to Fire Teachers for Gross Misconduct

by Sitkoff & Hanrahan, LLP

There has been a spate of lewd behavior allegations against Southern California teachers recently. For example, a Miramonte Elementary School teacher faces 23 counts of committing lewd acts against children and a Los Angeles teacher faces lewd act charges after allegedly feeding students his semen. As a reaction to these serious charges, Sacramento lawmakers attempted to pass a new bill to give school districts the power to fire their teachers before they are convicted of a crime.

According to a news report in the Associated Press, SB1530 would have allowed school boards to dismiss teachers who have been accused of violent, sexual, or drug-related offenses involving children. The bill failed to clear the Assembly Education Committee on June 27, 2012 because of concerns from teachers’ unions that it would harm teachers’ due process rights.

There are many consequences of sex crime convictions involving minors. Individuals do not only face jail time and heavy fines. People who have been convicted of lewd behavior charges will also face a mandatory registration as a sex offender and they often endure a number of social and professional consequences as well. Many accused teachers, for example, may never again be able to obtain a job working with children even if they were not convicted. Even teachers who are found innocent may struggle to find employment after the trial is over.

July 3, 2012

Look Out for Los Angeles DUI Patrols on the Fourth of July

by Sitkoff & Hanrahan, LLP

Around every major holiday, Los Angeles law enforcement officials increase their efforts to combat drunken driving. Drivers should expect to see several DUI checkpoints and saturation patrols during the upcoming Fourth of July holiday. Since Independence Day this year falls on a Wednesday, patrols will be out not only on that day but also throughout the entire week.

According to a City News Service report, there will be DUI saturation patrols on July 4, 2012 in the Harbor patrol area and on July 8, 2012 in the Rampart patrol area. Officials will also set up a number of 4th of July DUI checkpoints in and around the Los Angeles metro area. For example, the LAPD (Los Angeles Police Department) will be near Vermont Avenue and Sixth Street on July 6, Lincoln Boulevard and Maxell Avenue on July 7, and at Laurel Canyon Boulevard and Paxton Street on July 8. There will be many additional DUI checkpoints and saturation patrols to keep an eye out for impaired drivers as well.

Officials urge drivers to plan a safe way home before going out to celebrate the holiday. All drivers should designate a sober driver or contact a taxi for a ride if alcohol consumption was a part of their festivities. Hosts of parties should actively protect their friends by taking keys away from intoxicated drivers.

June 28, 2012

Tips to Avoid Being Stopped at Summer DUI Checkpoints in California

by Sitkoff & Hanrahan, LLP

DUI (driving under the influence) task force officers strategically setup checkpoints in busy areas where they suspect drunk drivers will travel. Checkpoints are not allowed on interstate highways. Therefore, roadblocks are often set up along major thoroughfares that lead to highway entrances. One way to potentially avoid a DUI trap is to remain on secondary streets that are away from busy roadways.

It is also common for officers to set up roadblocks near restaurants and bars that remain open late at night. Main streets that have multiple late night establishments will likely be ground zero for police officers looking to fill their DUI arrest quota. If you are spending a night out in these types of areas, it may be in your best interest to follow real-time checkpoint information through social networking sites such as Twitter or Facebook.

If you are approaching a DUI checkpoint in California, it is important that you do not act suspiciously. For example, it is not in your best interest to hastily make a U-turn to avoid the roadblock. Most DUI checkpoints have at least one officer waiting in a “chase” car that is ready to track down drivers who are attempting to avoid the checkpoint. They commonly assume that anyone avoiding a checkpoint is afraid of facing an arrest.

June 26, 2012

San Clemente Middle School Teacher Accused of Having Sex with Student

by Sitkoff & Hanrahan, LLP

A 50-year-old San Clemente man who already faces child annoyance charges has been arrested again for a lewd act with a third middle school student. According to a CBS News report, the man was arrested for a second time at his San Clemente home. On June 8, 2012, he pleaded not guilty on two California misdemeanor counts of child annoyance. On June 21, he was arrested on suspicion of lewd acts with a child under 14. Officials say the Shorecliffs Middle School teacher may have had a relationship with the girl for as long as two years. He is now being held in lieu of $1 million bail.

A lewd act with a minor is a serious crime. According to California Penal Code Section 288: “Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, 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.”

Individuals convicted of a lewd act with a child under the age of 14 could face felony charges. If convicted, they could face up to eight years in the state prison and a $10,000 fine. Additionally, he or she will have to register as a sex offender and pay for any medical or psychological treatment that the minor incurs.

June 21, 2012

Six People Arrested in Los Angeles Area Medical Marijuana Crackdown

by Sitkoff & Hanrahan, LLP

California federal districts continued their crackdown on the commercial trade of medical marijuana in the Los Angeles area by arresting six people associated with medical marijuana dispensaries. According to a Reuters news report, the six people arrested are associated with G3 Holistic Inc., which operates three dispensaries in the Inland Empire. The arrests reflect the growing confusion between a state law that allows medical marijuana and federal law that prohibits the possession or sale of cannabis. Until recently, the arrest of medical marijuana operators in California has been rare. It is unclear what these recent arrests mean for other medical marijuana dispensary owners and operators in Los Angeles, Orange, and Ventura counties.

In 1996, California became the first state to allow the use of marijuana for medical purposes. Now, 17 states and the District of Columbia have approved the sale of medical marijuana. However, marijuana penalties continue to be quite severe. In fact, selling or delivering any quantity of marijuana is illegal in California and punishable by two to four years of incarceration. It is also a felony to possess any amount of marijuana with the intent to distribute in California. There is also a discrepancy in state and federal laws when it comes to medical marijuana. While using and growing marijuana for medical purposes is legal in California, it is illegal under federal law.

Anyone facing marijuana charges in California would be well advised to take their case seriously and to contact an experienced criminal defense attorney who is extremely knowledgeable about state and federal laws relating to marijuana. The reputed drug crime defense attorneys at Sitkoff & Hanrahan have a long history of handling marijuana cases locally. Please contact us at (866) 430-8383 if you or a loved one has been charged with a marijuana-related offense.

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