California Criminal Lawyer Blog

California is partnering with the National Highway Traffic Safety Administration (NHTSA) to set up more DUI checkpoints, place more police DUI task force officers on the road, and increase scrutiny of people with multiple DUI convictions. Known as the California Avoid DUI Campaign, this increased surveillance is intended to keep drunk drivers off the roads over the Labor Day holiday.

Both at DUI sobriety checkpoints and while patrolling in police vehicles, police will be looking for signs that drivers are impaired or intoxicated. Since the goal of the increase in patrols is to catch as many people driving under the influence as possible; police may also pull you over for minor traffic infractions or vehicle problems such as a broken headlight. The police may even stop you if your driving doesn’t indicate you may be under the influence of alcohol.

If you are pulled over by police or stopped at a California DUI sobriety checkpoint; sit calmly in your car with your hands on the steering wheel. Remember to always keep your license, registration, and proof of insurance in a place where they will be ready to hand to the police officer. The officer may ask you where you’re coming from, where you’re going, and whether you’ve been drinking. You have the right to politely refuse to answer these questions. Admitting you have been drinking is enough for a police officer to try to administer field sobriety tests. These tests are notoriously difficult to give and to perform. Because it’s so easy to do them incorrectly, taking them may result in a DUI arrest even if you are not impaired.

If you are arrested for DUI in California over the Labor Day holiday, please get in touch with the experienced California drunk driving attorneys at Takakjian & Sitkoff. Our DUI lawyers in Los Angeles, Orange and Ventura Counties will fight to protect your rights in court and seek the best possible outcome in your DUI case. Call 1-866-430-8383 today for a free and confidential DUI consultation.

California law prohibits driving a motor vehicle, boat, or even a jet ski if your blood alcohol concentration (BAC) is over 0.08 percent. When you are pulled over for a DUI in California, the police may expect you to take a breath test or a blood test to reveal your BAC. The results of these tests are given great weight by the prosecutor and the court, even though the tests may be performed incorrectly.

If the police draw your blood to determine your BAC, they must keep the sample preserved for future testing. Your DUI attorney can file a motion to have a “blood split” performed. A blood split is an independent test of the blood sample that can reveal many things. For example, a blood split may reveal:

• that your BAC was under 0.08 % at the time of your arrest;
• that the blood sample was contaminated;
• that an “alcohol swab” was used to cleanse your arm before the blood was drawn;
• that your blood sample was switched with someone else’s; and/or
• that the blood sample had insufficient preservative, allowing the blood to ferment and create its own alcohol or clot.

Any of these factors call into question your BAC at the time of your arrest. Since California drunk driving laws rely heavily on your BAC when you were arrested for DUI, a blood split that can demonstrate your BAC is not reliable or was below the legal limit can mean the difference between conviction and acquittal in a DUI case.

If you are arrested for DUI, we normally tell our clients to insist on a breath test (as breath machines, commonly called an “Intoxilyser” or “Breathalyser,” do not retain a sample and they are less accurate than a blood test). However, if you took a blood test, a reanalysis of the blood sample at our independent lab is an important step toward defending yourself against the DUI charge in court. Equally important is the assistance of an experienced California DUI lawyer. The skilled criminal defense and DUI lawyers at Takakjian & Sitkoff know how to handle BAC evidence and use a blood split to your best advantage in defending your case. If you are facing DUI charges, please call Takakjian & Sitkoff today at 1-866-430-8383 to discuss your case.

California’s Substance Abuse and Crime Prevention Act, known as “Proposition 36,” was passed by California voters in 2000. Proposition 36 allows people receiving their first or second nonviolent, simple drug possession conviction to seek treatment instead of going to jail. By taking Proposition 36’s treatment option, over 36,000 California residents get help for drug addiction each year instead of going to jail.

Californians who are eligible for Proposition 36 treatment must meet certain criteria. First, they must not have been convicted of a violent or serious felony, including manufacturing or selling illegal drugs. Second, they must be on their first or second conviction for drug possession or being under the influence, be on probation for drug possession or being under the influence, or be on parole for a nonviolent felony.

Under Proposition 36, a judge in charge of sentencing an eligible person may choose to place that person on probation and require that he or she complete a drug treatment program. The length and intensity of the drug treatment program varies with each individual case. Once the treatment program is over, their attorney may petition the court to dismiss the drug charges.

Both drug possession and being under the influence of a controlled substance, such as meth, cocaine, marijuana or prescription drugs, can carry serious penalties in California. Proposition 36 provides a way in which drug users can receive help to overcome addiction, instead of just sitting around in jail. If you or a loved one has been charged with drug possession or being under the influence, please don’t hesitate to contact the experienced Los Angeles drug offense defense attorneys at Takakjian & Sitkoff. Our skilled legal team will fight to protect your rights as we seek the best possible outcome in your drug case. Call us at 1-866-430-8383 to discuss your options.

All sex crime charges in California are serious and carry severe penalties. California Penal Code section 288 (a) covers sex crimes with a minor under the age of 14. This law exists to protect those that cannot protect themselves and it is a necessary and important law. Unfortunately, it is also a very broad law and it often leads to convictions of individuals who had no intent of doing harm or whose actions may have been misunderstood. Understanding this important law is extremely critical, especially for those who work with and around children.

California Penal Code section 288 (a) states: "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." This is a felony punishable with up to eight years in prison for each count.

This law defines acts as lewd or lascivious when the intent is to arouse the desires of either party. There does not need to be bare skin touching to be considered lewd. There does not have to be actual arousal either. There only has to be the intent for arousal. A child under 14 cannot legally give consent. Not knowing the age of the minor is not a defense.

Continue reading " Sex Crime Laws Involving Lewd Acts upon a Child " »

You have probably heard it before, “Driving is a privilege, not a right.” The DMV can take your driver’s license even though you “need” to get to work or school. The government, through the California DMV, monitors drivers by using points in the Negligent Operator Point System. You have probably heard the phrase "points on your license" a number of times, but have you ever really thought about what it means?

Points are a way to monitor drivers who consistently get traffic citations. Ultimately, getting points on your license can lead to having your California driver license taken away. Points can be put on your driver license for a number of different reasons. The points you receive on your driver license for minor offenses generally remain for three years. The criminal record and notations you acquire from misdemeanor convictions, such as DUI, stay on your license for ten years. Here is a brief synopsis of the Negligent Operator System and what you need to know.

Actions that result in points on your license:

• One Point – Radar or Lidar speeding tickets, an unsafe lane change, running a red light or a red light photo ticket, and being at fault for an accident will result in a point on your license.
• One and one half point if you are a commercial driver.
• Two Points – If you are involved in a hit-and-run, DUI, you drive on a restricted or suspended license or if you are convicted for reckless driving, you will receive two points on your California driver license.

The number of points you receive over a period of time determines if you are considered a negligent driver. You are considered negligent if you have:

• Four points in one year
• Six points in two years
• Eight points in three years

Continue reading " When Traffic Tickets Result in Points on Your Driver License " »

You have probably seen countless headlines that read, "Famous Actor Checks into Rehab Following DUI Charge." With DUI cases, the accused driver will often be held until he or she sobers up. Then the jail will release them on a citation and their promise to appear in court. Or they may have to post bail before they can be released. The defendant will be allowed to leave if bail is posted and the judge approves of the release. The arraignment is the next time an alleged DUI offender will have to appear in court. If it is a felony, a preliminary hearing is later held to determine if there is reasonable cause to have a trial. In California, a DUI conviction does not always mean a jail sentence. But it is important that you have a knowledgeable DUI lawyer on your side who can get you the help you need. If addiction is your problem, jail is not the answer.

One reason, so many people immediately go into rehabilitation clinics for alcoholism following an arrest, is to show an acceptance of their alcohol and/or drug problem and a desire to make a change. When determining California penalties for a DUI conviction, judges have many factors to consider. Repeat offenders and drivers that cause accidents and injuries face stiffer penalties than first-time DUI offenders who are arrested without causing injury or harm to others.

Continue reading " Seeking Rehabilitation to Lessen DUI Charges " »

Marijuana laws in California can be complicated and confusing. While some people can legally purchase, cultivate and use it for medicinal purposes, it remains an illegal substance under federal law. There are also a number of restrictions on marijuana possession and its transport that makes these laws complex and difficult to understand.

Growing any amount of marijuana is considered a felony under the Health and Safety Code section 11358. There are lesser charges for those accused of cultivation for personal use only. To determine if there is intent to sell, police will look for evidence such as large quantities of cash, “pays and owes” transaction ledgers, scales, substantial amounts of marijuana and packaging material. Under California law, it is legal for a medical patient and their caregiver, when applicable, to possess and cultivate marijuana. It is, however, still illegal to cultivate medical marijuana when there is intent to sell. You can only legally cultivate medical marijuana in California after receiving approval from a physician. And even then, it is still illegal under federal law.

Certain medical patients can legally grow it as long as they have no intent to sell it. Under California law, they cannot legally have it in their car (Vehicle Code 23222). The marijuana laws in California are even further confused by the fact that marijuana is still considered illegal under the federal Controlled Substances Act. Fortunately, for those in need of medical marijuana, federal law rarely comes into play in marijuana cases in California unless large-scale distribution is suspected.

There are many conflicting California laws regarding marijuana and mistakes are often made. Laws are often misinterpreted. If you have been arrest for possession of marijuana, or falsely accused of possessing marijuana for sale, or you were arrested for cultivation or another related drug crime; call the experienced Los Angeles, Orange and Ventura marijuana defense lawyers at Takakjian & Sitkoff at 1-866-430-8383 to discuss your case.

Under California law, it is a crime to possess illegal or controlled substances such as marijuana, LSD, heroin, methamphetamine “meth” or cocaine. State and federal possession laws also make it illegal to possess chemicals that can be used to manufacture these drugs. The severity of drug charges in California depends on the amount of drugs found and the defendant's prior criminal record. If you have been charged with drug possession anywhere in Southern California, you need successful drug lawyers to represent you. Even a minor conviction may lead to lengthy prison time.

The amount of drugs that are found directly affects the severity of the charges. If a small amount of drugs are found, you may be facing a misdemeanor with probation. If the amount of drugs found is significant, you may be facing felony charges and time in state prison. If the amount of drugs that are found is considered more than one person would normally to use, then you may be charged with possession with intent to sell or distribute drugs.

Where the drugs are found and seized by police may directly affect the case against you. A California drug possession defense attorney will carefully examine the actions of the officers involved to make sure that your Constitutional Rights were not violated. If it is determined that your Constitutional Rights were violated, your drug case may be dismissed.

If you or a loved one is facing drug possession charges in Los Angeles, Orange or Ventura counties; please contact the drug defense attorneys at Takakjian & Sitkoff at 866-430-8383.We are ready to discuss your case help fight the drug charges against you.

When you are accused of a sex crime, many people think that the charge alone can be enough to tarnish your reputation and jeopardize your career. All sex crime allegations must be aggressively fought with the help of an experienced Los Angeles or Orange County sex offense attorney. Internet sex crimes are require a sex crimes defense attorney who has extensive knowledge of techniques used by police investigators.

Internet sex crimes often involve cases where the victim and the defendant "meet online," when communications involving solicitation of sex take place via e-mail or when online child pornography is involved. Many sex crime allegations come from Internet users meeting and chatting online. Often, police officers will pose as others to try to entrap an individual in to making online remarks that may be misinterpreted. Even a minor misunderstanding during such a communication can quickly turn into someone being wrongfully accused of a serious sex crime.

Continue reading " Internet Sex Crime Charges Can Have Life-Altering Consequences " »