California Criminal Defense Attorneys

June 19, 2012

Senate Approves Alternatives to Jail for Convicted Drunk Drivers in California

The California state Senate has approved a measure that will make it possible for convicted drunk drivers to reduce their jail time. According to a news report in the Los Angeles Times, AB2127 allows a variety of alternative sentencing options in CA instead of jail time. Senators, who passed the bill by a 21-14 vote on June 14, 2012, say that the bill will provide incentives for people convicted of low-level misdemeanors to reintegrate themselves back into their communities.

Potential alternatives to jail time that may be available for drunken drivers include educational programs, vocational training, and substance abuse programs, as well as life skills and parenting classes. Officials say this bill is not only for DUI cases, but also other offenses that may result in jail time, such as some drug offenses.

Under current laws, drivers convicted of driving under the influence of drugs or alcohol in California stand to face a multitude of serious DUI penalties. First-time offenders will likely face a fine ranging from $390 to $1,000 as well as a driver’s license suspension from six to 10 months that may be converted to a restricted license. A conviction may even result in jail time for up to six months. It is also common for drivers to face a three- to nine-month court-approved alcohol or drug education program.

June 13, 2012

Man Arrested for Assaulting Child in an Oxnard Wal-Mart

by Sitkoff & Hanrahan, LLP

A 39-year-old Oxnard man who was arrested for assaulting a child in a Wal-Mart may also face charges for up to 20 other sexual assaults. According to an NBC Los Angeles news report, the alleged incident that led to his arrest and began the investigation occurred at the Wal-Mart on North Rose Avenue in Oxnard. Officials say surveillance tape shows the man touching a boy inappropriately as the boy played video games in the store. Investigators are now reviewing surveillance tapes at additional stores to see if there were more potential victims. As they investigate, he is being held in the Ventura County Jail on $50,000 bond and is not available for bail because of an immigration hold.

Committing a lewd act with a child under the age of 14 is a serious crime in California. According to California Penal Code Section 288: “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 and shall be punished by imprisonment in the state prison for three, six, or eight years.”

When there are multiple incidents and multiple potential victims, the resulting penalties can be even more substantial. Anyone who is convicted of committing lewd acts against children is looking at prison time, hefty penalties, and mandatory registration as a sex offender.

June 11, 2012

Actress Amanda Bynes Pleads Not Guilty to DUI

by Sitkoff & Hanrahan, LLP

Actress Amanda Bynes, 26, entered a not guilty plea to a driving under the influence (DUI) charge at a Beverly Hills Superior Court. According to a new report in Reuters, the alleged DUI incident occurred in West Hollywood the morning of April 6, 2012. Officials say Bynes struck a sheriff’s patrol car and refused to take a sobriety test. It is not clear from the report if she was given a blood alcohol test at the station where she was charged with DUI. Bynes and her family continue to contest that she does not drink and that she was not under the influence at the time of the collision.

There is a wide range of DUI penalties that drivers may face in California after a conviction. An individual convicted of a first DUI in California could face up to six months in county jail. There could also be a fine of no less than $390 and no more than $1,000. Convicted drunk drivers will also have to face a six-month license suspension with the possibility of a temporary restricted license. The suspension will not be lifted until after the driver completes a driving under the influence or alcohol education program.

Depending on the circumstances of the accident, a skilled DUI defense attorney can fight the charges or negotiate for lesser penalties. In some cases, it may be possible to avoid jail time or to maintain limited driving privileges. There are several possible defenses in a DUI case. An experienced attorney may be able to contest the results of the blood or breath test or field sobriety tests, if any were conducted. A skilled attorney will also review the circumstances of the arrest and determine if any of the defendant’s rights were violated.

June 7, 2012

Child Talent Manager Pleads No Contest to Molestation Charges in L.A.

by Sitkoff & Hanrahan, LLP

A 47-year-old Hollywood talent manager who represented young actors has pleaded no contest to two counts of child molestation. According to a news report in the Los Angeles Times, the man faced eight felony counts of molesting an aspiring singer who was under the age of 14. He entered a no-contest plea to two counts of committing lewd acts on a child. A Los Angeles County Superior Court Judge sentenced him to one year in county jail and five years of probation. He will also have to enter a sex offender program and register as a sex offender. In addition, he will no longer be able to have access to any of his young clients without an adult present.

Under 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.”

In addition to jail time, individuals convicted of committing a lewd act must register as a sex offender. This could have a negative impact professionally, socially, and financially. Not only are convicted sex offenders required to register, but they are also required to notify local law enforcement agencies about their presence whenever they move. Not doing so in itself is a misdemeanor offense.

June 5, 2012

Hundreds Arrested for Drunk Driving over Memorial Day Weekend

by Sitkoff & Hanrahan, LLP

Memorial Day weekend is a maximum enforcement period for the California Highway Patrol and local law enforcement agencies and usually marks the beginning of the summer DUI (driving under the influence) enforcement period. This means that CHP and local police agencies have more officers on the road looking for intoxicated drivers. According to a news report in The Los Angeles Times, there were 187 people arrested on suspicion of drunken driving in Los Angeles County during the first 36 hours of Memorial Day weekend this year. During the first 36 hours of Memorial Day weekend, officials made 845 DUI arrests statewide, which reflects a slight decline from the 897 drivers who were arrested for drunk driving in California during the same period in the year 2011.

According to an official report by The California Highway Patrol, there was one traffic-related death on Los Angeles County highways during the three-day Memorial Day weekend this year. Over the 60 hours of this year’s three-day weekend, 258 motorists were arrested in Los Angeles County for drunk driving, which is less than the 298 DUI arrests made in the year 2011. Statewide, 1,161 DUI arrests were made over the holiday weekend.

Anytime there is a substantial increase in DUI arrests, it will be necessary to determine if mistakes were made and if wrongful arrests resulted from the ramped-up efforts to crack down on drunk driving. Did officers have just cause to pull the motorist over? Were any of the DUI tests compromised? Were the rights of the drivers violated during the traffic stop or arrest?

May 23, 2012

Teachers Aide Arrested on Sex Crime Charges in Los Angeles

by Sitkoff & Hanrahan, LLP

A 26-year-old man who worked as a teacher’s aide at Gratts Learning Academy and as a coach at the L.A. Academy of Arts and Enterprise, both at the Westlake District, has been arrested on charges of committing lewd acts with a child. According to a CBS News report, the man was arrested and bail was set at $100,000. The age of the alleged victim and the circumstances of the incident have not yet been released. The aide has been fired by the Los Angeles Unified School District. It is not clear if there were other children involved.

According to California Penal Code Section 488 (a), a lewd or lascivious act against a child under 14 is defined as any act that is performed “with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of that person or the child.” Lewd act against a child is a felony crime in California, punishable by imprisonment in state prison for up to eight years. Additional counts could result in a lengthier prison sentence. In addition, convicted individuals will also be required to register with the U.S. Department of Justice’s sex offender database.

As seen in this case, even the accusation of a sex crime can have serious consequences on an individual’s career and future. This is particularly true if the person is working with or around children. If you have been accused of a sex crime against a child, it is critical that you obtain quality legal representation to fight the charges and clear your reputation.

May 21, 2012

LAPD Expands DUI Patrols and Checkpoints Before Start of Summer

by Sitkoff & Hanrahan, LLP

Los Angeles police officials carried out an intensive effort the weekend before the busy Memorial Day holiday weekend to catch DUI (driving under the influence) drivers. According to a City News Service report, LAPD operated a checkpoint on Vermont Avenue between Pico Boulevard and 12th Street in the Pico-Union district and another on Manchester Avenue between Hoover and Figueroa streets in South Los Angeles. A sobriety checkpoint was also held on Sherman Way between Sepulveda Boulevard and Orion Avenue in North Hollywood. On the city’s eastside, a saturation patrol was conducted near the Hollenbeck Station. All of these checkpoints and saturation patrols are funded by grants from the California Office of Traffic Safety through the National Highway Traffic Safety Administration (NHTSA).

With the unofficial start of summer next weekend, law enforcement agencies in Southern California will begin to step up their DUI enforcement efforts with sobriety checkpoints, saturation patrols, and enhanced joint task force efforts. Under the law, officials are required to give drivers notice of these checkpoints so that they have the option to avoid them. Also, officers cannot arrest a driver solely based on the fact that he or she attempted to turn away from a checkpoint. In addition, the checkpoints are always required to have a supervising officer present.

If you have been charged with drunk driving as a result of being arrested at a DUI checkpoint, it is important to look into whether your rights were violated. The experienced Los Angeles DUI defense lawyers at Sitkoff & Hanrahan have a long and successful track record of defending drunk driving charges that resulted from checkpoints or saturation patrols. Please contact us at (866) 430-8383 if you have been accused of driving under the influence.

May 17, 2012

Woman Charged with DUI after Fiery Los Angeles Car Accident

by Sitkoff & Hanrahan, LLP

A woman is facing drunk driving charges after officials say she rammed into a light pole and high-voltage power lines near the intersection of Ventura Boulevard and Lankershim Boulevard in Sherman Oaks. According to a news report in the Los Angeles Times, the woman’s black pickup truck caught fire on impact. Another vehicle was also involved in the crash, but that driver escaped with minor injuries, officials said. The truck’s driver was arrested and booked on suspicion of driving under the influence.

It is illegal under California law to operate a motor vehicle with blood alcohol concentrations higher than 0.08 percent. 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.”

Drunk driving charges can become even more serious when other parties are injured or killed. DUI can be charged as a misdemeanor or felony. Often, when there is extensive property damage or when a person other than the driver in question is injured in a DUI crash, it is likely that the charge will be a felony. If convicted of a DUI, individuals can face significant consequences including jail time, hefty fines, mandatory alcohol counseling programs, court fees, installation of an ignition interlock device, and hikes in insurance premiums.

May 15, 2012

Two Arrested in Los Angeles County for Marijuana Cultivation

by Sitkoff & Hanrahan, LLP

Los Angeles County Sheriff’s officials arrested two men after they found about 1,000 marijuana plants at various stages of growth in a Diamond Bar residence. According to a news report in The Diamond Bar Patch, the drugs were estimated to have a value of $4 million. Deputies apparently received a tip that marijuana was being grown at a home in the 24000 block of High Crest Drive. Authorities issued a search warrant and found the elaborate growing operation. Officials estimate that the operation may have been running for as long as three years.

Under California law, it is illegal to cultivate marijuana for sale. According to California Health and Safety Code Section 11358: “Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.”

Marijuana laws are extremely complicated in California because California is one of the few states where voters legalized the use of marijuana for medical purposes through Proposition 215. Individuals who have a medical marijuana card and who follow the program’s strict guidelines cannot be charged for drug crimes. Under the law, card-holding users of medicinal marijuana may possess up to six mature plants, 12 immature plants, and 8 ounces of dried cannabis. These laws vary from county to county. Medical marijuana users are also allowed to form cooperatives to cultivate marijuana for members. However, what makes these laws complex is the fact that marijuana, even when used for medicinal purposes, is illegal under federal law.

May 11, 2012

L.A. DWP Supervisor Charged with Driving under the Influence

by Sitkoff & Hanrahan, LLP

A Los Angeles Department of Water and Power (DWP) supervisor has been placed on administrative leave after his arrest for driving under the influence while on duty in his city-issued truck. According to a news report in the Los Angeles Times, the 43-year-old official was arrested after his city truck hit three parked cars on Kester Avenue in Van Nuys. Prosecutors say he had two open containers of what appeared to be vodka in his DWP truck. He has been charged with drunk driving, and the DWP is conducting its own investigation into this incident.

A DUI (driving under the influence) conviction, or even a charge, can have serious personal and professional consequences. Some of the most common consequences for a California DUI conviction include jail time, fines, enrollment in an alcohol education program, installation of an ignition interlock device, court fees and increased insurance rates. In cases where the defendant is employed with the government or with law enforcement, a DUI arrest or a conviction can cause them to lose their job or even put an end to their career.

It is critical that anyone who has been accused of drunk driving – regardless of whether they are first-time or repeat offenses – contact an experienced Los Angeles DUI defense lawyer who will fight for their rights and try to get the charges dismissed or reduced. A skilled criminal defense lawyer can make a tremendous difference in a DUI case.

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