California Criminal Lawyer Blog

A 41-year-old Orange County man was arrested on February 9, 2010 for driving while intoxicated after a succession of hit and run crashes culminated in an estimated $75,000 worth of damage to a local storefront; according to a Corona Del Mar Today article. The alleged drunk driver drove his SUV onto the sidewalk and into trees, signs and a planter before crashing into the front of a psychic shop in Corona Del Mar, wedging his vehicle about a quarter of the way into the building. The man declined medical treatment and was arrested for DUI at the scene. He also faces possible charges for leaving the scene of an accident which can be charged as misdemeanor hit and run.

If a person is convicted of drunk driving, current California DUI penalties for first-time offenders incur a minimum sentence of a $390 fine, jail time and a six-month license suspension. Subsequent offenses can rack up more than a year in jail, fines of up to $1,000 and a license suspension of several years. Judges also have the discretion to require persons convicted of DUI to install an Ignition Interlock Device IID, undergo drug and alcohol treatment programs and participate in community service.

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In the first decision of its kind in California, a Los Angeles Superior Court judge ruled that the retail sale of marijuana is not permitted under California state law. According to an LA Weekly article, the case was brought against a medical marijuana dispensary that the Los Angeles City Attorney’s office said was targeted because its product was found to have traces of pesticide. The marijuana dispensary was ordered to temporarily shut down. The ruling also stipulated that medical marijuana providers must comply with the federal Food, Drug and Cosmetics Act which requires particular testing, labeling, warnings and product information to be provided to patients.

The California legal system’s treatment of marijuana use and cultivation derives primarily from the Compassionate Use Act of 1996 (California Health & Safety Code Section 11357-11362.9), which provides protections from existing federal or state laws criminalizing marijuana use and cultivation for “seriously ill” Californians using the drug for medicinal purposes. The language of the legislation was left intentionally vague so as to allow regional authorities to make reasonable determinations about how to implement the marijuana law.

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Los Angeles police recently arrested a 20-year-old homeless man in Venice Beach on suspicion of sexually assaulting a 15-year-old Menlo Park girl who went missing in January.

According to police, Venice Beach is noted for having a number of young runaway girls. Based on a Mercury News story, this runaway had left home January 6th after a dispute with her parents. She then hopped a train to Los Angeles Union Station. The alleged, an admitted gang member, met the girl and offered her drugs and alcohol. He also threatened to hurt her or kill himself if she left him and proceeded to beat and sexually assault the girl.

On January 30, the girl turned herself in to Culver City police and was sent home to the Bay Area that night. The Los Angeles County District Attorney’s Office indicated that the accused was involved in a 2009 sexual assault case, but prosecutors had not yet charged him of the sex crime in Los Angeles. He is currently being held in lieu of a $175,500 bail.

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A 43-year-old Orange County man has been accused of drunk driving and speeding in connection with a car accident, which killed a woman on the 10 Freeway in El Monte. According to a news report, the man has been charged with one count each of gross vehicular manslaughter while intoxicated, DUI causing injury, and driving with a blood alcohol content of 0.08 percent causing injury. Officials say the deceased woman was a passenger in a car that was hit by the alleged drunk driver. The driver was apparently traveling at more than 120 mph.

If you have been accused of felony drunk driving and/or vehicular manslaughter in Los Angeles or Orange County, you are looking at serious consequences including jail time, loss of driver's license, hefty fines, and other severe penalties. 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." The same code section also states that in California it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

Continue reading "Man Accused of DUI, Gross Vehicular Manslaughter" »

A husband and wife were arrested and charged with running a prostitution ring out of two upscale apartment buildings in Pasadena and Irvine, according to a Los Angeles Times news report. The couple allegedly managed about two dozen women, who officials say, charged $200 per hour. In addition to the couple, four other men between the ages of 20 and 45 were also arrested on prostitution charges. The couple is facing charges of pimping and pandering. Officials said they initially suspected that human trafficking was involved, but later discovered that the women were attracted to the Los Angeles and Orange County business because of relatively higher pay.

According to California Penal Code Section 647 (b), committing prostitution means "any lewd act between persons for money or other consideration." Pandering, defined under Section 266 i of the California Penal Code, is considered to be a crime committed by a pimp – recruiting prostitutes and soliciting customers for prostitution services. If you are convicted of prostitution or pandering, you are looking at significant jail time, probation, community service, AIDS testing, fines, and other penalties.

Continue reading "Couple Accused of Running Prostitution Ring in Los Angeles and Orange Counties" »

Police are looking for a suspected drunk driver, who they say, fled the scene of a fatal car accident in Los Angeles. KTLA News reports that the accident occurred on the Santa Monica (10) Freeway at La Brea Avenue. A 2005 BMW, traveling at a high rate of speed, rear-ended a pickup truck, causing it to overturn, California Highway Patrol officials said. A 20-year-old passenger in the BMW, died at the scene. Another passenger in the car and the driver of the truck also sustained moderate injuries.

Those arrested for drunk driving in Los Angeles may either be charged with a misdemeanor DUI offense or a felony, which is a much more serious charge. Usually, when a DUI arrest does not involve an accident, injuries, fatalities or major property damage, it results in a misdemeanor charge. When a DUI accident does involve deaths, injuries or major property damage, the driver will most likely be charged with a felony. When fatalities are involved, the driver could also face gross vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of (DUI) Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was …, in an unlawful manner, and with gross negligence."

Continue reading "DUI Charges Expected in Fatal Los Angeles Car Crash" »

A new California law, effective this year, requires anyone convicted of DUI in Los Angeles County to install an ignition interlock device in his or her vehicle. According to news reports, Los Angeles is one of seven California counties where this pilot program goes into effect starting July 1, 2010. What this law means is that even if you have been convicted of drunk driving for the first time, you need to install an ignition interlock device in your vehicle.

What is an ignition interlock device or IID? Basically, these are devices that require you to blow into them. If the device detects alcohol from your breath, it will not let you start the vehicle. The devices may be pre-programmed to measure the level of alcohol in your breath. For example, you could have it set or the court could order you to have it set at 0.02 (approximately one drink). Therefore, if you blow a 0.02 or more, you will not be able to start your vehicle and you would potentially be in violation of your drunk driving probation and be sent to jail.

If you are ordered to have an ignition interlock device installed, you will have to pay the fees for renting the IID alcohol detection device and for having it installed in your vehicle. The installation could cost you anywhere between $100 and $200. The monthly rental fee can range from $70 to $100. These fees do not include the additional charges for maintenance or having the device calibrated.

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A history teacher at a Cypress school has been charged with sex crimes against a 17-year-old student, according to a news report in The Orange County Register. The 42-year-old history teacher has been accused of one misdemeanor and six felonies that allegedly took place on six separate occasions. Police have apparently obtained about 11 pages of sexually explicit text messages the teacher sent to the girl in September and October. According to the report, the girl's mother discovered the text messages and handed them over to police.

And in another recent high profile case, a former California Highway Patrol Lieutenant, was found guilty Tuesday in an Orange County court of attempted lewd acts on a child. Had had sent text messages to an undercover police officer who was posing as a 13 year old female.

Sex crimes, such as child molestation, are among the most forcefully prosecuted and severely punished offenses in our criminal justice system today in Orange County. Even if you are not guilty of the sex crime allegations, when you hold a profession, such as a teacher, police officer, or someone respected in society, you run the risk of ruining your reputation and losing your livelihood. Many sex offense defendants are drastically affected by sex crime charges, even if they are not convicted. This is especially true with regard to crimes involving children or minors. If convicted of a sex crime in Orange County, you may encounter extremely serious consequences including a lengthy prison sentence and registration as a sex offender for the rest of your life.

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Three people were arrested after Los Angeles County Sheriff's officials seized more than 300 marijuana plants at a home in Lancaster. According to a CBS News report, deputies found two bedrooms and a large room in Lancaster that were all converted to a marijuana growing facility. The grow areas had sophisticated lighting and automatic irrigation. A 23-year-old man was arrested inside the home and two others were arrested in the backyard of a home nearby. All three men were arrested for marijuana possession related charges under the California Health and Safety Code.

In California, marijuana possession and use of most drugs, even if it is for personal use, is a felony. Misdemeanor drug offenses include possession of marijuana, being under the influence of a drug, and possession of drug paraphernalia such as bongs, pipes or needles. It is also a felony to possess or buy illegal drugs with the intent of selling them. Evidence for intent to sell can include items such as weighing scales, large amounts of cash or cutting agents. In any drug case, it is important to look into whether the search and seizure was conducted properly by the police. Were the defendant's constitutional rights violated? If that was the case, the court may dismiss the drug or marijuana possession charges.

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A school bus driver in Orange County has been sentenced to 151 years to life in prison for molesting and taking sexually explicit photos of three young girls. According to a news report in The Orange County Register, the 54-year-old man lured the girls, including one 7-year-old, into his car with the promise of a trip to Disneyland. He was convicted of 15 felony child molestation counts, sentencing enhancements for committing lewd acts on multiple children, substantial sexual contact with a child, and kidnapping to commit a sexual offense against a child, the report stated.

Sex crimes like child molestation, especially those against young children, are vigorously prosecuted in our criminal justice system in Orange County. If convicted, those accused of child sex abuse may face spending the rest of their lives in prison. In this case, the judge said he issued the maximum allowable sentence because, as a school bus driver, this man was a "predator" who took advantage of his position of trust to exploit and molest these young, vulnerable victims.

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Drug crimes are not only a huge problem in California, but are also a major issue of concern throughout the nation. According to recent FBI reports, drugs and drug-related offenses account for about one-third of all arrests. California has led the nation when it comes to arrests for possession and sale of controlled substances and narcotics. According to the California Department of Corrections and Rehabilitation's statistics for 2009, 28 percent of all incarcerated inmates are there primarily for a drug offense. Last year alone, 10,310 inmates were enrolled in prison drug treatment programs.

A recent news report in The Acorn states that law enforcement officials are also aggressively pursuing drug offenders by joining forces to conduct raids – even outside of their jurisdictions. When it comes to drug crimes, it seems as if there are no boundaries. The article gives the example of a drug case in November when two Simi Valley teens were arrested on suspicion of dealing heroin in East Ventura County. Also, in September, a Simi woman was arrested for operating a cocaine delivery service, which covered Simi Valley, Thousand Oaks and the San Fernando Valley.

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A 50-year old high school teacher in Redondo Beach has been accused of engaging in lewd behavior in the presence of a student at the local high school. According to CBS news report, the teacher was arrested and booked for arranging a meeting with a minor "for purposes of engaging in lewd behavior." Redondo Beach police officials said that the incident involved a 16-year-old girl. The teacher is accused of talking about sex and engaging in "a sexual act in her presence." The teen reported the incident to school officials. The teacher, who has taught at the high school for eight years, is a married man with two children, according to the news article.

Sex crime charges can have devastating effects on a person’s life. As a teacher who is facing a serious sex crime charge, this individual is looking at prison time, hefty penalties and required registration as a sex offender. This could mean the end of his teaching career. He may not even be allowed to be around children or minors if convicted of this serious sex crime charge.

Continue reading "Los Angeles Area High School Teacher Charged with Sex Crime" »