California Criminal Lawyer Blog

There are a number of ways that the authorities try to determine if someone has been driving under the influence of alcohol. They often look for open containers of alcohol while trying to detect odd behavior and the scent of alcohol. If their suspicions continue, they may ask the driver to perform a number of field sobriety tests. Of course, the only scientific way to determine the amount of alcohol in a person's blood stream is by taking a breath or blood test. However, a breathalyzer, which is commonly used by police officers in the field during a DUI investigation, is not always a reliable device to measure an individual's blood alcohol concentration (BAC).

Individuals suspected of being under the influence simply have to breathe into the device for the authorities to determine the amount of alcohol in their body. While this device can be useful to determine if someone has been drinking, it is not always accurate and can result in unnecessarily serious DUI charges that are not warranted.

First of all, there are a number of circumstances that may result in an incorrect positive test. Individuals who have gastrointestinal issues or have recently ingested certain medications, breath mints or food items may test positive for alcohol even if they haven't been drinking. Additionally, it is important that the device is properly maintained and calibrated. Failure to do so may result in inaccurate results.

The experienced DUI defense attorneys at Takakjian & Sitkoff serve all of Southern California. We routinely deal with cases involving incorrect breathalyzer tests. Our California drunk driving attorneys, who are former prosecutors and investigators, have the knowledge and experience it takes to defend your DUI charges and help you obtain the best possible outcome in your particular case. If you or a loved one is facing DUI charges in Los Angeles, Orange or Ventura counties, please call our offices at 866-430-8383 for a free consultation.

A 23-year-old Los Angeles man faces multiple drug charges after officials found bags of marijuana in his vehicle.

According to a news report in The Redding Record Searchlight, the man was travelling from Tehama County back to Los Angeles when officials pulled him over for not having a front license plate.

The man apparently told officials that the marijuana was for his own personal use. He has been charged with transportation of marijuana for sale. Transportation of a controlled substance is a serious allegation that carries heavy penalties. An individual need not intend to sell the drugs to be charged with transportation. Mere possession of the controlled substances could result in these serious charges.

The penalties for transporting marijuana in California become more serious when the authorities decide the defendant had more drugs than one person could reasonably use. This means that large quantities of drugs typically result in an "intent to sell" charge, which is a felony. In some cases, a transportation charge can even increase to a trafficking allegation, which could result in even more serious penalties.

The Los Angeles marijuana defense attorneys at Takakjian & Sitkoff have a long history of successfully handling marijuana possession and transportation cases. Under most circumstances, we are able to have the charges reduced or even thrown out. To discuss your case at absolutely no cost, please call our offices at 866-430-8383.

Authorities look for signs of intoxication before deciding whether or not to bring someone to the station on suspicion of driving under the influence. Sometimes an officer only needs to smell alcohol or see an open container in the vehicle to make an arrest. Other times, an arresting officer may conduct a field sobriety test.

Drivers may be asked to walk a straight line or stand on one leg while counting. Others may have to follow an object back and forth while the officer examines their eye movement. These tests can prove useful for the arresting officer but there are many errors that can be made during the execution of these tests and those errors sometimes lead to wrongful charges.

One of the inherent problems with field sobriety tests in California and throughout the U.S. is that they do not take into account the fact that some people cannot pass them even when sober. Some medical conditions may cause a person to fail the horizontal gaze nystagmus test even if they haven’t been drinking.

Additionally, physical ailments may cause a suspect to be physically unable to balance or walk straight. The results of these tests are determined by the arresting officer who may or may not be properly trained to conduct them. It is crucial that their decisions are not based solely on the field sobriety tests but in conjunction with an accurate breath alcohol test as well.

There are many potential mistakes that can be made during a DUI arrest. Here are some of the questions that arise in these situations. Was the breathalyzer properly maintained and calibrated? Was the suspect read his or her rights? Were the field sobriety tests taken on an even surface? Anyone arrested for driving under the influence would be well advised to discuss their legal options with a skilled defense attorney.

The California DUI defense attorneys at Takakjian & Sitkoff offer free consultations for anyone who has been charged with drunk driving in Los Angeles, Orange or Ventura counties. If you are facing drunk driving charges, please contact us at 866-430-8383 before discussing your case with the authorities or pleading guilty.

A 28-year-old man from Granada Hills has been charged with molesting a 14-year-old girl while working as a youth pastor. According to a news report in the Los Angeles Times, the alleged molestation occurred between March 2010 and May 2011 at the First Baptist Church in Venice. The alleged incidents resulted in 10 counts of a lewd act with a child, one count of contacting a minor for a sexual offense and one count of child pornography.

Sexual contact with a minor is a felony that can result in mandatory registration as a sex offender and years of incarceration. California Penal Code Section 288 states: "Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, 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 and shall be punished by imprisonment in the state prison for three, six, or eight years."

Child molestation is a serious charge that can have life changing social and professional consequences for those who are faced with it. Even those who are accused of such crimes, but did not have any prior criminal record, suddenly find their names and photos splashed all over the news. While it is important to protect the youths of California, it is also important to remember that individuals are innocent until proven guilty.

The sex crime defense attorneys in Los Angeles at Takakjian & Sitkoff understand the many ramifications of such charges. If you face sex crime charges, do not hesitate to call our offices at 866-430-8383 for a free consultation. We are here to help you.

Possession of sexual material involving children is a serious crime in California. In such cases, determining exactly what is considered pornographic, what the intention of the material is and whether or not the suspect was even aware of the existence of the material can become complicated.

Child pornography is material that clearly depicts minors simulating or engaged in sexual conduct. Children and adults cannot legally consent to this type of activity with a minor. So such depictions of sexual conduct are illegal. Forms of sexual conduct include sexual intercourse, lewd acts, oral sex, sadomasochistic abuse, masturbation or the exhibition of genitals. Penal Code 311.11 makes it a crime to possess any material depicting these acts. The penalties for possession of child pornography in California include a fine of up to $2,500 and imprisonment for up to one year.

To obtain a conviction in a child pornography case, the prosecution will have to prove that the suspect knowingly had these types of materials in his or her possession and that the suspect was aware that the people in the pictures were underage. There are also other factors and questions that determine the course and outcome of these cases. Did the authorities legally seize the materials? Were any of the defendants’ constitutional rights violated? What was the suspect's intent? Was the material used for some type of research? Did the defendant know that the materials were in his or her possession?

The experienced Simi Valley sex crime defense attorneys at Takakjian & Sitkoff handle cases throughout southern California. We have a long history of fighting wrongful charges and getting charges dismissed or lessened. If you have been accused of possessing child pornography, please call our offices at 866-430-8383 to discuss your case.

Six people were arrested in a Los Angeles drug raid at a marijuana dispensary. According to mercurynews.com, the drug arrests occurred at the White Oak Healing Center in Northridge. Authorities say they conducted the raid after determining the center was a front for a large drug trafficking operation. Officers seized 20 pounds of cocaine, 75 pounds of marijuana and oxycodone pills. The 60-year male owner of the facility faces up to 13 years in prison and five others face up to a decade of incarceration if convicted.

Drug raids have been known to lead to wrongful arrests and excessive penalties. When the authorities arrest multiple people at one time, there is always the chance that a few of the suspects were not fully aware of what was happening or were simply in the wrong place at the wrong time. Investigators working on these types of cases will have to ask a number of questions.

What evidence led the authorities to conduct the drug raid? Were the drugs legally seized during the raid? Were the suspects read their rights during the complicated drug bust? Is there sufficient evidence linking all of the suspects to the alleged crimes? While it is important to keep illegal drugs off the street, it is also important that individuals are not wrongfully arrested or convicted.

The Los Angeles drug crime attorneys at Takakjian & Sitkoff have a long history of successfully defending individuals arrested in drug raids. The consequences of a drug crime conviction can be rather severe. If you or a loved one is facing these allegations, please call our offices at 866-430-8383 to find out how we can help you.

A 26-year-old man died when he was being held in jail following a Ventura County DUI arrest. According to ABC 7, the man was arrested on suspicion of driving under the influence of drugs or alcohol. The Chatsworth man was booked in Thousand Oaks. Later that morning, the authorities went to release him when they found him not breathing and unresponsive. He was alone in his cell and had even been served breakfast earlier that morning. An investigation is ongoing.

Any person facing potential jail time is likely to feel afraid and even overwhelmed about the unpredictable conditions they could face. Although this particular incident is rare, one can question just how common types of neglect, or even abuse, are in our prison system.

Potential jail time is one of many serious penalties that drunk drivers face in California. The authorities typically hold drivers immediately following an arrest for a short period of time. When released, the penalties continue with an immediate license suspension. Drivers charged with driving under the influence, even if it's only a first time offense, may face jail time in addition to heavy fines, the installation of an ignition interlock device and an increase in their insurance rates.

It is crucial that individuals immediately seek legal guidance following a DUI arrest. There is a wide range of penalties drunk drivers face. Having an experienced DUI defense attorney on your side can make all the difference between jail time and walking away from it all with your driver's license, freedom and dignity intact.

The Ventura County defense DUI attorneys at Takakjian & Sitkoff have a long history of successfully handling DUI cases in southern California. If you or a loved one is facing drunk driving charges, please call our offices at 866-430-8383 today to discuss your rights.

Anyone charged with a crime would be well advised to exercise his or her right to legal representation. Throughout the complicated legal process there are many instances when the alleged offender's rights could be violated. Without the right representation, the defendant may not even realize that his or her rights have been violated.

It is the legal obligation of the authorities to notify suspects of their rights. A suspect, for example, has the right to remain silent and not answer questions. He or she also has the right to retain the services of a defense attorney. Information obtained from suspects who have not been read their rights cannot legally be used in a court of law.

Police officers may seek an admission of guilt from a suspect before an attorney arrives. This is typically done through an interrogation while the alleged offender is still in custody. It is important to remember that all individuals have the right to not answer these questions without first discussing their case with an attorney. In addition to the right to remain silent and to have a competent attorney, defendants also have the right to a fair trial and the right to be presumed innocent until proven guilty.

An experienced criminal defense attorney will examine not only the alleged crime but also the actions of the authorities to determine whether the failure to advise of rights was committed. When an officer fails to notify the suspect of his or her rights or gathers evidence improperly, a skilled attorney will fight to have the case dismissed.

The experienced criminal defense attorneys in Orange County at Takakjian & Sitkoff protect the rights of southern California residents. If you are ever arrested, do not discuss your case with the authorities unless you have a skilled attorney by your side. If you or a loved one in facing criminal charges in Los Angeles, Orange or Ventura County, call 866-430-8383 today to discuss your options.