California Criminal Lawyer Blog

Under California law, the legal limit of alcohol in the blood stream, known as blood alcohol concentration (BAC), is .08 percent. Police officers often conduct field sobriety tests to determine if there is cause to make an arrest. There are, however, only three scientific tests to determine BAC: breath, urine and blood. All drivers who are hesitant to take one of these blood alcohol limit tests should remember the California is a "presumed consent" state, which means that it is a violation to refuse to take a BAC test.

The breath tests conducted in the field are not as accurate as the ones performed at a station. Also, there are a number of circumstances that can affect a test such as mouthwash or items in the driver's mouth such as gum or food. It is important for the sake of accuracy that the device that is used to measure blood alcohol level is properly maintained and calibrated.

There are mistakes that can be made at the station as well. If the BAC test is a blood or urine test, the sample will be sent off to a lab. Samples can be mislabeled, contaminated, taken with items that are not sterilized or stored at improper temperatures. The results of the BAC test will determine whether or not the driver will face charges. The severity of the charges will also depend on the blood alcohol level. If you have been for driving under the influence, please remember that you do have legal rights. Anyone facing DUI charges in Los Angeles would be well advised to seek legal guidance to determine if their rights have been violated in any way.

The skilled Orange County DUI defense attorneys at Takakjian & Sitkoff help protect the rights of Southern California drivers. If you have been charged with driving under the influence, please do not automatically plead guilty. DUI laws are complex and it takes an experienced and knowledgeable criminal defense lawyer to understand the nuances and help you obtain the best possible outcome. Call us today at 866-430-8383 to discuss your case at absolutely no cost.

The criminal record system in California is supposed to serve as an accurate report of criminal convictions. Companies that involve children, such as schools and daycare facilities for example, perform extensive background checks on their employees as they should, to keep children safe from violent offenders and sexual predators. According to a recent article in The Los Angeles Times, the California criminal records system, which almost all employers rely heavily on during the hiring process, is rife with errors and inaccuracies.

The report goes on to list a number of problems with the criminal records system. Information about a number of convictions has never been entered. Additionally, there are about 7.7 million cases where the cases' outcome is not listed. This means that if someone was wrongfully charged, but acquitted, they could still have a criminal record – even if their charges were dismissed. It is not clear how many people have been affected as a result of these inaccuracies.

There are many consequences of being charged with a serious crime in Southern California. Anyone facing criminal charges would be well advised to seek legal guidance from a skilled criminal defense attorney. The stakes of a criminal conviction or having a criminal record are extremely high.

The knowledgeable criminal defense attorneys in Los Angeles at Takakjian & Sitkoff protect the rights of Southern California residents. We have not only helped clients get acquitted or have their charges reduced, but we have also helped get charges expunged. That means that your criminal record can be completely erased. Our criminal justice system, under certain circumstances, does afford people that valuable second chance. To obtain more information about your legal rights and options, please contact our offices at 866-430-8383 today. We are here to help.

There are many harsh penalties that convicted drunk drivers are likely to face in California. One of the many consequences of driving under the influence of alcohol is the potential for mandatory attendance in a California alcohol education program. The goal of these programs is to reduce the number of repeat DUI offenses and to get help for the offender. These classes are expensive and time consuming. Even first-time offenders in California face the requirement to attend these classes.

Under California Law, first-time offenders are required to attend a 30-hour alcohol and drug education and counseling program. Drivers with a BAC of .2 percent or higher must complete a nine-month, 60-hour program even if it is their first offense. Drivers convicted of reckless driving must complete a 12-month program. Repeat offenders must attend an 18-month program that includes group counseling, alcohol education, community reentry monitoring and bi-weekly interviews. Third-time offenders must attend a 30-month program.

The cost of these programs is difficult to calculate. Offenders not only have to spend hours upon hours away from work, but they also have to pay for the classes out of their own pocket. Many DUI programs and schools cost hundreds of dollars. This expense will be added on top of the fines, the cost of installing and maintaining an ignition interlock device, and possible increase in insurance premiums the driver may already face.

The experienced DUI defense attorneys in Orange County at Takakjian & Sitkoff understand the many consequences our clients face. We have a proven track record of having penalties decreased and for having fraudulent cases thrown out. To discuss your current situation with a skilled defense attorney at absolutely no cost, call 866-430-8383 today.

Barron Hilton, younger brother of Paris Hilton, has been ordered to pay $4.9 million to a gas station attendant he allegedly struck while driving drunk. According to a July 15, 2011 report by TMZ, the recent ruling by the judge stems from a DUI accident in California that occurred back in 2008 when Hilton was 18 years old. The victim of the DUI crash alleged that he suffered a permanent disability and has undergone multiple surgeries since the accident. The authorities arrested Hilton after the accident for driving with a blood alcohol content of .14 percent.

The penalties associated with driving drunk in southern California can be serious. One possible consequence of driving drunk in addition to criminal charges is the possibility of civil litigation. Those who are injured in a DUI collision may decide to seek financial compensation for the damages he or she suffered. This is one of many reasons why it is so important for drivers charged with a DUI to immediately hire a skilled Los Angeles defense lawyer.

Possible civil litigation is just one possible consequence of being convicted of driving under the influence. Drunk drivers in California typically face time in county jail (not less than 96 hours), heavy fines (not less than $390) and a lengthy driver's license suspension. The severity of the charges held against a person is often determined by the circumstances of the arrest and the driving history of the defendant. Ultimately, however, the outcome of a case depends on the quality of a person’s criminal defense representation.

The skilled Los Angeles DUI criminal defense attorneys at Takakjian & Sitkoff understand the importance of fighting DUI charges in California. We help protect the rights of our clients and we fight to have the charges reduced or thrown out. To begin building your defense, call our offices at 866-430-8383.

Actor Ryan Rottman has been arrested for driving under the influence. According to TMZ, the Nickelodeon star of “Gigantic” was arrested on July 7, 2011 in Hollywood. The actor allegedly blew a .19 percent BAC, which is over twice the legal limit of 0.08 percent. Authorities pulled him over after allegedly witnessing his vehicle jump a curb. According to the report, the authorities smelled alcohol when they pulled him over and administered a field sobriety test.

According to California Vehicle Code Section 23152 (a): "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." Penalties for first-time DUI offenders in California typically include a four-month license suspension and substantial fines.

The penalties for a DUI arrest in California can fluctuate depending on the driving history of the defendant and the circumstances of the arrest. Increased penalties will result from a repeat offense, an arrest related to an injury accident and in cases where the motorist refused to take a breath test. In some cases, an experienced Hollywood DUI defense attorney can have the charges lessened or even dismissed.

The skilled Los Angeles DUI defense lawyers of Takakjian & Sitkoff have a long history of successfully handling drunk driving cases. If you or a loved one is facing DUI charges in Los Angeles, Orange or Ventura counties, please do not plead guilty without properly understanding your legal rights and options. Please call our offices at 866-430-8383 for a free consultation.

A 32-year-old man has been arrested for lewd conduct at a Los Angeles public pool. According to a news report in the Los Angeles Times, the lewd conduct arrest occurred at the Ted Watkins Memorial Park Pool on East 103rd Street in Los Angeles. The alleged lewd behavior involved four girls between the ages of 9 and 13. Lifeguards at the pool informed the authorities of the man's behavior. All four girls told police that the man touched them "on areas of their body that made them uncomfortable."

Under California Penal Code Section 647, it is a misdemeanor for "anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view." The penalties for a lewd act may be stepped up if the victim is a minor.

California Penal Code Section 288 states that "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."

These serious allegations can have serious, long-term consequences including prison time, fines and mandatory registration as a sex offender. Anyone who is facing lewd behavior charges in California would be well advised to seek legal guidance from a skilled criminal defense attorney.

The experienced Los Angeles sex crime defense attorneys at Takakjian & Sitkoff have a long history of handling lewd behavior and other sex crime cases in Los Angeles. Call our offices today at 866-430-8383 for a free consultation and case evaluation.

There is legislation in the works in California, which if passed, could put an end to the death penalty in California. Loni Hancock, a Democratic Senator from Oakland, is working to have the death sentence reduced to life in prison without parole. If this law is passed, those currently on death row in California will automatically switch to serving life in prison without the possibility of parole.

Senator Hancock has a long and arduous road in front of her if she is going to get SB490 amended to do away with the death penalty. This type of amendment can only be made with the Governor’s approval and a statewide vote. If the bill goes through, it could be voted on by Californians as early as November 2012.

Hancock cites several reasons to do away with the death penalty. First of all, in light of California's gaping budget deficit, Hancock points out that the death penalty could cost Californians as much as $9 billion by the year 2030. Also, several studies have shown that the death penalty does not act as a deterrent when it comes to the commission of the most horrendous crimes. Additionally, there is always the possibility of wrongful conviction. There is the chance that innocent people could be put to death.

According to DeathPenaltyInfo.org, 34 states currently have the death penalty. Since 1976, there have been 1,259 executions in the United States. Since 1973, more than 130 people have been released from death row with evidence of their innocence. That's 130 lives!

The California criminal defense attorneys at Takakjian & Sitkoff know that only time will tell whether the death penalty becomes eliminated from California. As defense attorneys who fight for the rights of Californians, we understand that the death penalty is a complex issue. If you or a loved one has been charged with a crime, please contact our law offices at 866-430-8383 to find out how we can help defend your rights.

Source: http://www.deathpenaltyinfo.org/documents/FactSheet.pdf

Rock singer Rick Springfield has been charged with two counts of driving under the influence following his arrest in Malibu in May. According to a news report by TMZ, the singer had a .1 BAC when he was pulled over by the authorities on May 1, 2011. If Springfield is convicted of the two counts of DUI, he could face up to six months in jail and a $1,000 fine.

California Vehicle Code 23152 states that "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." Under the same section, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Failure to seek skilled legal representation following a DUI arrest in LA can result in unnecessarily harsh penalties. There is a wide range of consequences for a DUI conviction including incarceration, fines, mandatory alcohol treatment and the installation of an ignition interlock device. A DUI defense attorney will fight to have the charges reduced, or in some cases, thrown out completely.

The knowledgeable Los Angeles drunk driving lawyers at Takakjian & Sitkoff have a proven track record of successfully fighting DUI charges in Southern California. We provide no-cost consultations and case evaluations to anyone charged with driving under the influence. Please call our offices at 866-430-8383 before discussing your case with the authorities.

Apple is restricting sales of apps that locate DUI checkpoints in an effort make it more difficult for tech-savvy motorists to identify the exact locations of police sobriety checkpoints. According to USA Today, Apple's decision comes three months after several Democratic U.S. senators asked major makers of smartphones to stop selling these downloadable apps or to eliminate the DUI checkpoint function.

Research in Motion, the maker of BlackBerry smartphones, immediately pulled the DUI checkpoint apps. Apple, which makes the popular iPhone, and Google, which sells Android-based apps, did not. This week, Apple updated its guidelines and decided not to sell apps that contain DUI checkpoints not publicized by law enforcement agencies.

DUI checkpoints or sobriety checkpoints, as they are commonly known, are becoming more and more prevalent in Southern California. Law enforcement agencies get significant funding from the National Highway Traffic Safety Administration (NHTSA) to set up sobriety checkpoints to snare drunk drivers and those driving without a valid license. There will be a number of checkpoints during the upcoming July 4 holiday weekend in several California cities.

Several recent studies have shown that DUI checkpoints in California are ineffective in reducing drunk driving accidents. Instead they result in false charges and DUI arrests. Law enforcement agencies are required under the law to publicize when and where these checkpoints will be held. Drivers have the right to avoid the checkpoints or even turn away when they see a checkpoint coming up. They cannot be arrested or charged for doing so. Police officers must also stop drivers randomly. But often they use their own judgment and discretion to pull over anyone they want. You cannot be stopped at a DUI checkpoint just because of your appearance, race, color, or nationality.

If you or a loved one has been charged with a DUI in Los Angeles, Orange, or Ventura counties, please contact an experienced drunk driving defense lawyer in Los Angeles at Takakjian & Sitkoff at 866-430-8383. We will fight for your legal rights and ensure that you get the best possible outcome in your case.