California Criminal Lawyer Blog

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.

Continue reading "Lindsay Lohan to Serve 3 Months in Rehab Directly after Jail Release" »

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.

The drug crime defense attorneys of Takakjian, Sowers & Sitkoff LLP have helped numerous individuals successfully defend drug possession allegations in Orange, Los Angeles and Ventura counties. Call us at 1-866-430-8383 for a free consultation.

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.

If you have been accused of committing a sex crime in Los Angeles County, please contact Takakjian, Sowers & Sitkoff LLP for a free consultation at 1-866-430-8383. We understand the laws in your area and how to fight the charges against you. Call us before speaking with the authorities or entering a plea.

Police officers spend every Fourth of July weekend cracking down on drunk drivers in California. The Orange County Register reports that this year, 51 DUI arrests were made over the holiday weekend in Orange County. Last year, 57 people were arrested during Independence Day weekend.

Authorities know that many drivers are coming from a celebration and there is an increased probability of drivers being under the influence of alcohol. To combat this problem, the California Highway Patrol considers this holiday weekend to be "a maximum enforcement period." They put out as many officers as they can to cut down on drunk driving. While this tactic leads to safer roads, it also leads to many false DUI charges.

Those charged with a drunk driving in Orange County face serious penalties that can negatively impact their lives for years to come. When the police force is out to arrest people for DUIs, there is always the danger that they prejudge the driver’s condition. When someone who assumes people are driving drunk administers a field sobriety test (FST), that subjective opinion could play a part in the conclusions they draw.

Continue reading "The July 4 Weekend Resulted in Many DUI Arrests in Orange County" »

Actor Chris Klein was arrested for DUI recently in Los Angeles, according to Popeater.com. News reports state that the actor was pulled over by authorities after he was "driving erratically." Klein was charged with driving with a blood alcohol level of over 0.08 percent (the legal limit in California), and driving under the influence of alcohol with a prior conviction.

California DUI laws make jail time mandatory for repeat DUI offenders. Klein was convicted of a prior DUI back in 2005. California law may also require the actor to have an ignition interlock device (IID) installed in his car. A second DUI conviction in California can result in jail time of up to one year, a fine of up to $1,000 and a license suspension for up to two years.

It doesn’t matter if you are a movie star or an office intern, you will face severe punishment if you are convicted of a DUI in Los Angeles. Even a first-time offender can face jail time and license suspensions. Multiple drunk driving offenses result in even harsher penalties. This is why it is crucial to have an experienced Los Angeles DUI defense attorney to help protect your rights.

There are many factors that can lead to a DUI charge being thrown out or reduced. A our California DUI attorneys will review the circumstances surrounding an arrest to see if any of the defendant's rights were violated. Police officer often make mistakes or simply do not follow proper procedures and drivers wrongfully accused of DUI can see their life change because of false allegations. Takakjian, Sowers & Sitkoff LLP defends the rights of California drivers. Our Los Angeles DUI lawyers offer a free consultation to those facing DUI charges. Call us today at 1-866-430-8383 to discuss your DUI case.

By now, just about everyone has heard about the domestic violence allegations against Mel Gibson. A recent People Magazine story includes insight from several legal professionals, including Los Angeles criminal defense attorney, Steve Sitkoff, regarding what is at stake in this criminal investigation amidst a heated child custody battle.

When asked if the leaked tapes allegedly of Mel Gibson and ex-girlfriend, Oksana Grigorieva, will be admissible in court, Mr. Sitkoff stated, “In general, it's illegal to tape someone without their knowledge but it's sometimes allowed in domestic violence situations.” However, Mr. Sitkoff makes the important point that the law in that regard is not always so apparent due to a substantial amount of gray area. Mr. Sitkoff continues, stating, “If the tapes are deemed illegal, they won't exist to a jury. The motive of the taping appears suspect; Oksana is extremely calm and appears to be provoking him. And if Mel was under the influence while making his threats, that would make it even harder to prove criminal intent."

In addition to Mr. Sitkoff’s contribution to readers’ understanding of the legality of evidence in the Mel Gibson domestic violence case, other matters covered in the article relate to potential jail time for Mr. Gibson, extortion charges against Oksana, the court’s denial of Oksana’s request for all of Gibson’s custody rights to be taken away, and the question of the tapes’ authenticity.

Steve Sitkoff is a criminal defense attorney in Los Angeles and partner of the California criminal defense law firm of Takakjian, Sowers & Sitkoff LLP. For more information about the successes of Mr. Sitkoff and the firm in defending the rights of individuals accused of domestic violence and other criminal offenses, please visit www.former-district-attorneys.com.

Californians charged with driving under the influence of alcohol face stiff 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 case is different and some face harsher consequences than others, which is why those accused of drunk driving should become more familiar with California DUI sentencing. Whatever the seriousness of the charges, it is important that defendants have an experienced Ventura County DUI lawyer on their side.

Many people are unaware that they do 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 or license suspensions by accepting alternative sentencing options. If you have been charged with driving under the influence of drugs or alcohol, contact an experienced Ventura DUI lawyer right away to discuss what options you may have. You may even be able to continue to reside in your own home with electronic monitoring and then be able 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. Instead of going to jail, a person convicted of DUI may be able to participate in freeway cleanup, live in a sober living environment or attend Alcoholics Anonymous meetings.

If you have been charged with a DUI, please contact the experienced California DUI attorneys at Takakjian, Sowers & Sitkoff LLP right away to discuss the charges against you. We have years of experience in having DUI cases dismissed, reducing charges, negotiating alternative sentences and having charges dropped against our clients. Call 866-430-8383 to find out how to get the help you need. Serving all of Southern California.

When a police officer suspects a driver of being under the influence of drugs or alcohol, they may conduct field sobriety tests (FSTs). There are a number of non-standardized tests that an officer may administer, but there are three main tests that most officers conduct in the course of a DUI traffic stop.

Horizontal Gaze Nystagmus Test: A police officer will hold up an object, usually a pen, or a finger and ask the driver to follow the object with their eyes back and forth. By carefully watching the driver’s eyes, the police officer will attempt to discover a bouncing of the eye. This bouncing is called horizontal gaze nystagmus. In some DUI cases, observing unsmooth eye movements or early onset may mean the driver has been drinking. This test is subject to the training and ability of the officer giving the test. Technically, only an ophthalmologist can truly administer this test and there are many other naturally occurring conditions besides alcohol that may cause nystagmus.

Walk and Turn: In this test, the driver will be asked to take nine steps, pivot and then walk back. While walking heel-to-toe, the driver will have to count the steps out loud. Someone who is significantly inebriated will have difficultly balancing while walking and may make mistakes while counting. But even if the driver just needs to hold out their arms to balance or they count wrong, the officer may deem it a failed test and charge them with a DUI case.

Continue reading "How Field Sobriety Tests Can Affect the Outcome of your DUI Case" »

Well known actor Mel Gibson is being investigated for alleged domestic violence, according to a Contra Costa Times article. The Los Angeles County Sheriff’s Department released a statement referring to an incident on January 6 between Mel Gibson and former girlfriend.

Law enforcement began investigating the allegations against Mr. Gibson after being contacted by the alleged victim. The article mentions that the couple has been involved in a heated child custody dispute over their 8-month-old daughter. A domestic violence restraining order was filed on June 25, alleging that Mr. Gibson punched her in the face multiple times. However, it is reported that sources have said that Gibson denied the allegation, stating that Mr. Gibson was just trying to stop Grigorieva from hurting the infant. Additional details regarding the domestic violence charges and any potential evidence have not been disclosed at this time.

Los Angeles domestic violence allegations should not be made or taken lightly. Many of these allegations are made after heated arguments, creating the potential for exaggeration. Those convicted of domestic violence, or spousal abuse, face severe penalties and life-altering consequences, making false domestic violence convictions all the more serious.

Continue reading "Mel Gibson Being Investigated for Domestic Violence" »

The New York Post reports that Chris Klein, the star of "American Pie," has been arrested for drunk driving in Los Angeles. The 31-year-old actor was stopped by a California Highway Patrol officer on the 101 Freeway in Los Angeles County. The officer reportedly administered a field sobriety test, also known as FST’s, which Klein failed.

DUI or driving with a blood alcohol level of 0.08 percent or higher is illegal in California. California Vehicle Code Section 23152 (a) states: "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." According to CHP's statistics, there were 258 deaths and 4,832 injuries involving alcohol-related crashes in Los Angeles County in the year 2008.

In Los Angeles or Orange County, the penalties for a first-time DUI offense can be significant. If you have been arrested for DUI and are convicted, in addition to jail time, alcohol counseling and fines, you may also be required to install an ignition interlock device; which tests your breath for traces of alcohol before you are able to start the car. Having this IID alcohol testing device in your vehicle also involves a monthly fee.

If you or a loved one has been accused of a DUI in Southern California, please contact the Los Angeles and Orange County DUI defense attorneys at Takakjian, Sowers & Sitkoff LLP. Call 866-430-8383 for a free and confidential consultation of your case. A DUI can cause much turmoil in your family and work life. Call us today to find out how our skilled and aggressive DUI lawyers can help defend your drunk driving charges.

ABC News reports that 11 High School students in Ventura County could face drug charges after the arrest of a Thousand Oaks teen; who officials say, had marijuana in his vehicle and marijuana plants at his home. Police say the 18-year-old sold drugs such as marijuana, cocaine, Xanax and Vicodin to students at Westlake high school. Investigators say additional drug arrests are possible in this case.

You do not have to be found selling drugs to be charged with intent to sell. When the amount of drugs discovered is determined to be more than what one person can reasonably use, or if the manner in which it is packaged suggests that it is going to be shared or sold, that person faces "intent to sell" charges. One of the first steps a Los Angeles or Ventura County drug crime defense lawyer will perform is a thorough review of how the drugs were found. Everyone has a right to privacy in California. Police officers require a warrant or probable cause to search for and seize drugs from a suspect or vehicle.

Simple possession of marijuana in California is a misdemeanor. Even a first-time offense of possession with less than one ounce can lead to a $100 fine and jail time. However, cultivation, sale, distribution, transportation and selling drugs to minors all carry potentially life-changing penalties. Having an experienced drug crime defense lawyer on your side can make a huge difference in your drug case.

If you or a loved one is facing drug charges in Orange, Los Angeles or Ventura counties, please call Takakjian, Sowers & Sitkoff LLP at 866-430-8383 for a free consultation and drug case evaluation. The stakes are high in such cases not only because it could result in jail time, but also because it could affect your career, life and future. Call our office today to find out how we can help.

As of July 1, 2010, some offenders convicted for driving under the influence (DUI) in California will be required to install ignition-interlock devices (IIDs) in their vehicles in Los Angeles. While several states, including California, require IIDs for repeat drunk driving offenders, the stakes are even higher for first-time offenders who may now be required to install one of these devices in their vehicle.

Ignition-interlock devices test a driver’s breath through a small handheld alcohol device that is connected to the dashboard. If an individual’s breath test displays a blood alcohol level higher than the pre-set level (typically around .02% and .04%), then the vehicle’s engine will not start. To make sure that a driver is not DUI and does not have their friend take the test for them, some IIDs have a rolling retest which requires the driver to breathe into it again while driving.

According to The San Francisco Chronicle, the new IID law will undergo an experimental phase of five years in which lawmakers can decide whether to expand the program beyond the counties of Los Angeles, Alameda, Sacramento, and Tulare.

The new breathalyzer law adds to already existing harsh penalties and costs for DUI. The installation and maintenance of an IID costs approximately $60 a month. Adding this new penalty to California law makes a wrongful DUI conviction all the more serious.

Contact the Orange County and Los Angeles DUI attorneys at Takakjian, Sowers & Sitkoff LLP if you are facing drunk driving charges. Our aggressive and skilled lawyers are highly familiar with the complex laws surrounding DUI, including the accuracy of devices that are supposed to determine blood alcohol levels. Call Takakjian, Sowers & Sitkoff LLP at 866-430-8383 for a free and confidential consultation.