California Criminal Lawyer Blog

Local law enforcement officials seized 1,300 pounds of marijuana with a street value of $1 million. According to a news report in the Los Angeles Times, four men were arrested in the Ontario, California, home, which officials say was being used by a Mexican drug cartel. Agents apparently discovered about 1,200 pounds of marijuana inside two vehicles that were parked at the home. Another 100 pounds of pot were found inside the home along with scales, packaging materials and other documents that indicated that the pot was being sold. Investigators say the marijuana was grown in Mexico and was to be distributed across the United States.

A California drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia that is prohibited by law. Most drug offenses in the State of California are now felonies. The penalties for drug crimes in San Bernardino County, Los Angeles County or Orange County can be extremely severe. The nature or severity of the charges are usually based on the quantity of drugs seized, the intent to sell or distribute, and other factors such as use or possession of weapons, evidence that the drugs are being sold, and possession of large amounts of cash used for drug transactions. Charges also depend on a drug’s classification under the drug schedule and the purpose of the possession – whether it's for personal use or sale.

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A 29-year-old Norwalk man was arrested, following a fatal car crash, for drunk driving after his 2000 BMW M3 collided with another a Toyota Celica, killing its 42-year-old driver. According to a Fox News report, the fatal car accident occurred on the transition road from the westbound 105 Freeway to the northbound 710 Freeway. The Toyota hit a curb and rolled over. The driver was pronounced dead at the scene. The driver of the BMW sustained moderate injuries, but was later arrested for drunk driving.

According to California Highway Patrol's traffic accident statistics, there were 268 deaths and 5,169 injuries involving alcohol-related car accidents in Los Angeles County in 2007. In Orange County, 75 deaths and 1,501 injuries were reported as a result of DUI car accidents in 2007.
Driving under the influence or DUI is a serious violation of California law. If the car accident results in serious injury or death, the driver accused of causing the accident could be looking at vehicular manslaughter charges or even murder.

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Pamela Bach, ex-wife of "Baywatch" star David Hasselhoff, was recently arrested in Los Angeles for driving under the influence. According to a news report, Bach was pulled over on the Highway 101 at Laurel Canyon Boulevard in the San Fernando Valley. California Highway Patrol officials say Bach registered blood alcohol levels of 0.14 and 0.13 percent during a Breathalyzer test. Bach has a prior DUI arrest on her record in which she pleaded no contest to the charge in August. At the time, she was placed on three years of informal probation. Bach was also ordered to undergo an alcohol treatment program and not to drive with any "measurable amount of alcohol in her blood."

In the state of California, it is against the law to drive a motor vehicle under the influence of alcohol or drugs (California Vehicle Code 23152). The same vehicle code section also states that motorists must not drive with a blood alcohol level of 0.08 percent or higher. The consequences of repeat DUI offenses can be devastating and could include loss of driving privilege, jail time and steep fines.

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The U.S. Supreme Court is getting closer to ordering police to explicitly advise criminal suspects that their lawyer can be present during any interrogation. According to an Associated Press news report, the nation's high court is looking into the Miranda rights warning which must be read to all criminal suspects by arresting officers. The justices are debating in one particular case whether police told a suspect clearly that he could have a lawyer present while being interrogated by the police.

There are several slight variations used by law enforcement when giving the “Miranda Warnings.” The warnings include: "You have the right to remain silent. If you give up the right to remain silent, anything you say can be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you free of charge and before any questioning." The suspect is then usually asked if they understand these rights and are willing to give up these rights. In the particular case now before the United States Supreme Court, the state Supreme Court had overturned the man's conviction saying that police did not properly and adequately convey to the suspect that he was allowed to have a lawyer with him during questioning.

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Los Angeles police arrested three people for operating an elaborate marijuana growing operation in a San Fernando Valley industrial building barely 25 feet away from a police station. According to an Associated Press news report, the marijuana was discovered after officers served a search warrant at the building in Canoga Park. The indoor pot farm included lights, automatic irrigation and a ventilation system. Los Angeles Police Department Authorities say the three arrestees are facing multiple drug charges.

The severity of drug or marijuana cultivation charges in Los Angeles depend on the circumstances surrounding the arrest, and the quantity and type of drugs that have been seized. If convicted of cultivating marijuana, even if you are part of a marijuana “collective”, those facing drug charges could be looking at significant jail time, hefty fines and other harsh penalties. Drug crimes involving possession of large quantities of marijuana or narcotics, possession for sale or transportation, will almost always involve felony charges. In California, a felony drug crime could well become a "third strike," which could send a defendant to prison for the rest of his or her life.

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A 37-year-old massage therapist is being accused of sexual assault. According to a news report in The Orange County Register, prosecutors say that the man who was working as an independent masseur, who formerly worked out of a San Juan Capistrano chiropractor’s office, assaulted a 21-year-old woman by touching her inappropriately during a massage. Police are looking for other women or customers of this masseur who may have been sexually assaulted. Police say they have investigated this particular masseur before this complaint. Two years ago, a woman in her 50s told officials that she had been inappropriately touched by the man. But at the time, there was not enough evidence to file charges, officials said. Two other women filed complaints, but those cases were outside of the statute of limitations.

Sex crimes are criminal offenses of a sexual nature and can vary to a great degree. Punishment for a sex crime depends on the type of offense and level of the charge. A misdemeanor sex crime conviction can be punished by up to one year of county jail time. Some sex crimes, such as violent sexual assault, are "three strikes" offenses with a third strike resulting in a sentence of 25 years to life. Furthermore, a conviction for some sex crimes will result in registration as a sex offender or sexual predator and public disclosure.

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If you are caught driving under the influence on the job, especially if you are responsible for the lives of young children, you will be facing very serious charges. A recent report in the Ventura County Star talks about a school bus driver in Ojai who was arrested for driving under the influence while on the job. The drunk driving accident occurred when the 53-year-old female driver was trying to make a U-turn on an Ojai street. The bus struck a pickup truck.

There were 31 students in the bus but luckily no one was injured. The bus driver took a breath test and was booked for driving with a blood alcohol level of 0.08 percent or higher. California law prohibits commercial drivers, including bus drivers, from driving with blood alcohol levels of 0.04 percent or greater, although the legal limit for non-commercial drivers is 0.08 percent. The news report states that the driver admitted to drinking alcohol the night before. She has been charged with misdemeanor DUI and child endangerment.

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