California Criminal Lawyer Blog

Today, Lindsay Lohan is required to appear in person for a probation violation hearing for a drug test she failed last month relating to her DUI case. Lohan has been at the Betty Ford Center in Rancho Mirage, California, voluntarily for the past three weeks since she was bailed out of jail on September 24. It is Lohan’s fifth time in rehab, and may affect whether Lohan appears in court tomorrow.

Los Angeles criminal defense attorney Steve Sitkoff is not involved in Lohan’s case but told People.com, “The key here is her progress in treatment. The better she’s doing in rehab, the less likely Judge Elden Fox will throw her in jail. Judge Fox has to balance whether to help Lindsay with her addiction or punish her with jail. But if she continues to mess up by not following the court’s orders, he won’t hesitate to lock her up.”

There are a number of possible scenarios that may happen today. The famous actress may be found in violation and immediately sent back to jail, or she could be ordered to stay in rehab in lieu of jail. If her attorney provides a letter from the Betty Ford Center that details Lohan’s progress in rehab, she may skip the hearing altogether. There’s also a possibility Judge Fox may postpone the hearing to see how well Lohan does in treatment.

If you are convicted of a drug crime in Los Angeles, alternative sentencing and rehabilitation in lieu of jail may be possible. The experienced Los Angeles drug crime defense attorneys at Takakjian & Sitkoff have the skills and knowledge to help defend your rights in a court of law. All too often the stigma that stems from being accused of a drug crime can overshadow the need for rehabilitation. Our lawyers are aware of the sentencing options available to those facing drug crime charges and will work hard to help you attain a positive outcome in your Los Angeles drug crime case. Call us today for a free consultation at 1-866-430-8383.

On September 27, a new bill which penalizes repeat DUI offenders was signed into law by Governor Arnold Schwarzenegger. According to a report by the San Mateo County Times, under the new DUI law, drunk drivers who have been convicted of driving under the influence three times in 10 years could lose their licenses for a decade. California Assemblyman Jerry Hill believes that the new DUI law will take away up to 10,000 drivers’ licenses. The new law enforcement will begin January 1, 2012.

This new law is another attempt to crack down on DUI offenders in California. While the intent of the law is to penalize repeat offenders, it may have a devastating impact on drivers and the families of those who are wrongfully convicted of a California DUI. Losing your license for 10 years can seriously and adversely impact your life.

With this new California DUI law, if you are wrongfully charged with a first- or second-time DUI and you choose to accept the penalties, you are leaving the door open for future problems. This law is like the "three strikes law" – only instead of going to prison for the rest of your life, you lose your driving privileges for a decade.

Please do not let this happen to you. If you or a loved one has been accused of driving under the influence, the California drunk driving lawyers of Takakjian & Sitkoff can help. We will aggressively fight your charges, represent you at DMV hearings and help you keep your license. Call our office at 1-866-430-8383 for a free and confidential consultation.

Speeding can result in heavy fines, but driving over 100 mph can lead to harsher penalties. A traffic citation alleging that you drove over 100 mph is crucial to fight in court because the penalties are so harsh and increase with each traffic conviction. If you have a traffic ticket which charges you with driving over 100 mph, please do not hesitate to contact our experienced Los Angeles and Orange County speeding ticket attorneys to help you fight the traffic charges.

California Vehicle Code 22348 states: "A person shall not drive a vehicle upon a highway with a speed limit established pursuant to Section 22349 or 22356 at a speed greater than that speed limit."

Drivers who are convicted of the traffic offense of driving over 100 mph face strict penalties:

• A first conviction results in a fine of up to $500 and a 30-day driver's license suspension


• A second conviction within three years results in a fine of up to $750 and a driver’s license suspension of up to six months


• A third offense within five years results in a fine of up to $1,000 and a driver’s license suspension of up to one year

If you have been charged with a serious California traffic violation, such as excessive speeding or reckless driving, it is important that you contact a reputable California traffic ticket lawyer to fight the charges. You need someone who can help you fight this ticket. Many violations and infractions result in stiffer penalties when there are multiple offenses.

If you are facing serious traffic violations charges or a license suspension, please contact the experienced Los Angeles and Orange County traffic citation attorneys at Takakjian & Sitkoff. Call us at 1-866-430-8383 today to discuss your case.

A 20-year-old woman has been booked for felony drunk driving and manslaughter after a fatal Los Angeles car accident. According to ABC7, the fatal LA car crash took place on Western Avenue in South Los Angeles. Authorities believe that a 2003 Cadillac CTS veered from the northbound lanes into the southbound lanes of traffic where it collided with a 2008 Honda Civic and then crashed into a two-story apartment. Two passengers in the Cadillac died in the crash and the driver of the Honda was seriously injured.

Drivers facing Los Angeles DUI charges are looking at serious consequences, including up to six months in jail for first-time offenders and a $1,000 fine. Drivers who are convicted of causing a fatal California car collision while under the influence of alcohol face potentially life changing penalties, including up to10 years in a state prison. Drivers charged with California vehicular manslaughter while under the influence of alcohol could face 15 years to life if they have a prior DUI conviction on their record.

The penalties and fines for driving under the influence of alcohol have become so severe in California that it is crucial for anyone charged with a DUI to immediately contact an experienced Los Angeles drunk driving defense lawyer. A skilled criminal defense attorney will review all of the details surrounding the California car accident and the arrest to determine if any of the defendant's rights were violated.

If you have been charged with a Los Angeles DUI or vehicular manslaughter, the criminal defense lawyers at Takakjian & Sitkoff are here to help. Call us today at 1-866-430-8383 for a free consultation and case evaluation.

A 29-year-old Westminster man has been arrested for attempted rape and sexual battery. ABC7 reports that the alleged sex offenses occurred when a 29-year-old woman met the man at a gas station and agreed to follow him to a playground on Westminster Boulevard, where she told officials she was assaulted. Officials examined the scene where the alleged crime took place and arrested the man based on forensic evidence.

Attempted rape and sexual battery in Orange County are serious crimes with serious consequences. Under California Penal Code 243.4 (a): “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if that touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” An individual who is convicted of these charges could be punished with jail or prison time and severe fines.

If you have been accused of attempted rape or sexual battery, you need an experienced Orange County sex crime defense lawyer who will aggressively fight for your rights. The skilled criminal defense lawyers of Takakjian & Sitkoff will conduct a thorough investigation, interview witnesses and examine evidence in order to build a solid legal defense. A sexual assault, rape, attempted rape or any other sex crime charge can change the course of your life, your career and your future. Call us today at 1-866-430-8383 to discuss your case and learn about your rights.

A new survey from Insurance.com studied 20 metropolitan cities in the United States and ranked four major California cities in the top ten for highest in alcohol-related driving violations. San Diego was ranked first and San Jose second; Los Angeles and San Francisco came in at seventh and eighth place, respectively.

The survey analyzed data reported by individuals looking for car insurance quotes over the last three years. Strict law enforcement may have played a key role in whether or how a city was ranked in the study, though it is important to note other factors, such as significant nightlife or a close proximity to colleges, could also contribute to the frequency of a metropolitan city’s alcohol-related driving violations.

It is illegal to drive in California with a blood alcohol content of 0.08 percent or higher. If convicted of a DUI in Los Angeles, you may face severe punishment such as license suspension or jail, even as a first-time offender. Harsher penalties are in place for multiple drunken driving offenses.

To determine whether a driver is under the influence of alcohol, police officers in California use a set of field sobriety tests (FSTs). These tests are a one-leg stand, the “walk and turn,” and a horizontal gaze nystagmus test. These tests all have a huge margin of error. Breathalyzer test results can also be inconsistent if the instrument isn’t calibrated properly. You may refuse to perform these tests, but know that the penalties for refusing a chemical test (such as a breathalyzer or blood test) are significant.

An experienced Los Angeles DUI defense attorney will analyze the circumstances surrounding your drunk driving arrest and help protect your rights. At Takakjian & Sitkoff, our aggressive criminal defense lawyers will determine whether your rights were violated or if testing error contributed to your arrest. If you are accused of driving under the influence in Los Angeles, please contact Takakjian & Sitkoff and we will review your case carefully to establish whether charges against you can be thrown out or reduced. Call us at 866-430-8383 today for a free consultation and case evaluation.

If you were convicted of a misdemeanor or felony in California, there is still a chance that your case could be expunged or dismissed, thereby clearing your criminal record. In some cases, we can file a motion on your behalf asking the court to withdraw your guilty or nolo contendere (no contest) plea or guilty verdict and enter a not guilty plea. The court will then set aside and dismiss the conviction. From that point, you are considered no longer convicted of the offense. This is our criminal justice system's way of giving those convicted of crimes a second chance and an opportunity to make a fresh start.

However, not everyone can get their California criminal case dismissed or expunged. There are several criteria that must be met in order to qualify for such a procedure. You are eligible for a dismissal of conviction if:

• You have successfully completed probation or obtained an early release
• You have paid all court-ordered fines and restitution
• You are not currently charged with an offense
• You are not currently serving a sentence or probation for some other crime

An experienced and knowledgeable Los Angeles and Orange County criminal defense lawyer will be able to successfully file a motion to expunge your conviction if you meet the eligibility requirements. For more information, please contact the skilled criminal defense lawyers at Takakjian & Sitkoff for a free consultation and evaluation of your case. We have successfully filed these motions on behalf of numerous clients. Call us today at 1-866-430-8383 to discuss your case.

Those convicted of drug crimes in Los Angeles face stiff penalties, the most serious of them being jail or prison time. In some cases, alternative sentencing can be an option for those convicted of drug crimes. A skilled California drug charges defense attorney can work with a judge to determine if alternative sentencing is an option for a drug crime defendant.

Drug courts in California provide an opportunity for those who abuse drugs or have a continuing addiction issue. This is an opportunity for these individuals to receive treatment services in lieu of jail time. Instead of going to prison, candidates are required to attend recovery meetings and undergo frequent and random drug tests. Candidates are also required to make multiple court appearances to demonstrate their progress. By successfully finishing a drug court program, a candidate may avoid jail time while having his or her penalties reduced; and they may even have their California drug crime conviction dismissed!

Drug court requires the collaboration of judges, lawyers, drug abuse specialists, health officers, counselors and probation officers to create an environment that encourages drug recovery and rehabilitation. By subjecting themselves to enhanced supervision, drug court candidates have a support system to help them sober up and get their life back on track – something incarceration can never accomplish. The success and popularity of drug courts is growing in many California communities.

If you are facing drug charges in Orange, Los Angeles or Ventura counties, please do not hesitate to contact experienced California drug crime defense attorneys at Takakjian & Sitkoff. Call 1-866-430-8383 to find out if you may be eligible for drug court or any other form of alternative sentencing. We have helped several clients get in to drug court, seen them succeed and have their drug charges dismissed. Our goal is to keep you out of jail and get you the help you need.