California Criminal Lawyer Blog

The DUI arrest of "That's So Raven" star Orlando Brown raises issues about what actually constitutes driving in a drunk driving case. According to Brown's manager, the 23-year-old actor was not actually driving at the time of his drunk driving arrest. TMZ has reported that the actor has admitted to drinking three glasses of wine in his home back on August 12, 2011. The actor said he then waited in his car outside his home to play his new CD for a friend. Officers saw that the vehicle did not have a license plate, stopped to speak with Brown, and arrested him for DUI. Brown is claiming that he was only sitting in the car and not driving.

The question here is: Do you even have to drive to be convicted of driving under the influence? The answer is: Not always. In 2007, a Minnesota man was convicted of driving under the influence after falling asleep in his vehicle while drunk. He clearly had not been driving as the engine was cold and the car was not able to start. An AOL report on the incident suggests that he may have faced unnecessarily harsh treatment because he had a prior DUI offense on his record. A separate AOL report cited cases in which a Florida man was arrested for a DUI while listening to loud music in his parked car, and also a North Carolina woman who fell asleep in a car that was parked at a fast food restaurant with the engine left running.

If the suspect had physical control of the vehicle while intoxicated, there is a chance that he or she may face DUI penalties. If the key is in the ignition, for example, that shows intent to drive. If the engine is running, that shows that the driver intended to operate the vehicle. These are some aspects officials may consider before making a DUI arrest in such cases.

The skilled Los Angeles DUI defense attorneys at Takakjian & Sitkoff understand the very serious implications of DUI arrests. We understand the nuances of California DUI law and fight hard to protect our clients' rights. If you or a loved one has been accused of drunk driving, please contact us at 866-430-8383 for a free and comprehensive consultation.

A 53-year-old male resident of Laguna Niguel has pleaded not guilty to several sex crime charges. According to a news report in The Orange County Register, the incidents occurred as far back as July 2007 and as recently as August 13, 2011. The accusations include inappropriate touching, showing women porn on his work computer, and attempts to rape women in the storage area of his rug store.

It is common in cases involving sex crimes for multiple accusers to step forward. A skilled criminal defense attorney will carefully examine the motives behind each allegation. While it is important for the truth to come out and for justice to be served, it is also important that individuals are not wrongfully accused of crimes they did not commit.

Sex crimes carry heavy penalties in California, including jail or prison time, hefty fines and mandatory registration as a sex offender. Information about sex offenders is also available through the Department of Justice's website. This can make it extremely difficult for convicted sex offenders to get a job, a professional license, or even a place to live. Individuals facing one or more sex crime offenses have it in their best interest to seek the counsel of a skilled lawyer who has experience handling similar cases. A knowledgeable defense lawyer will be able to work toward getting the charges dismissed or reduced.

The reputed Laguna Niguel sex crime defense attorneys at Takakjian & Sitkoff handle a wide range of criminal cases throughout Orange County and southern California. If you or a loved one is facing sex crime charges, please call our offices right away at 866-430-8383 to discuss your case at absolutely no cost.

A driving while under the influence (DUI) and driver’s license checkpoint is scheduled for Friday, September 23 between 6:30 p.m. and 2:30 a.m. in San Juan Capistrano at an undisclosed location. According to The Capistrano Dispatch, the Orange County Sheriff’s Department will run the checkpoint, which is part of a grant provided by the State of California Office of Traffic Safety through the National Highway Traffic Safety Administration (NHTSA).

The Orange County DUI checkpoint is intended to catch drivers who are driving under the influence of alcohol or drugs and/or driving a vehicle without a driver’s license. However, the logistics behind a DUI arrest at a checkpoint are not usually that straightforward.

Field sobriety tests (FSTs) typically used at DUI checkpoints are often subject to interpretation, not expertise, on the part of law enforcement. Certain medical conditions or other states can lead an officer to believe a person has been drinking alcohol or taking drugs when in reality, they have not. Moreover, Blood Alcohol Concentration (BAC) tests are not always properly administered, leaving the accuracy of these tests and their results in question. While it is definitely important to keep our roads safe and prevent accidents, it is also important to ensure that innocent people aren’t prosecuted for an offense they didn’t commit.

At Takakjian & Sitkoff, our San Juan Capistrano drunk driving defense attorneys protect the rights of those charged with various DUI offenses throughout Orange County and southern California. With experience as former prosecutors and DUI arrest and prosecution procedure instructors to local law enforcement, we provide our clients with a quality of legal counsel and representation they can rely on for positive results. For a free consultation, call 866-430-8383 today.

If you have been charged with driving under the influence resulting in an injury accident in California, you probably have a number of questions. Will I face additional California DUI penalties? Who will have to pay for the injured party's medical bills? Will I face civil penalties in addition to the criminal charges? Every case is different and it may be in your best interest to seek legal guidance regarding the specifics of your case.

In general, there are potential additional criminal charges when a drunk driving incident results in injuries. Injured victims of drunk drivers have the legal right to pursue compensation for their losses through civil litigation. This means that individuals arrested for driving drunk in California, in addition to criminal charges, may also be held financially responsible for the medical bills and other losses suffered by the alleged victim.

The good news is that most insurance policies cover the damages caused in a crash. There are some policies, however, that exclude covering damages suffered when the policyholder is under the influence of alcohol. Therefore, it is imperative that all California motorists have an understanding of the specifics of their policy. Even if you do not have to pay for the medical bills related to the accident, you will more than likely see a substantial increase in your insurance premiums. Many convicted DUI offenders must purchase high-risk drivers auto insurance, which can be very expensive.

If you have been charged with drunk driving in Los Angeles, it is imperative that you have an experienced DUI defense lawyer on your side, fighting for your rights and constantly looking out for your best interests. The Los Angeles DUI defense attorneys at Takakjian & Sitkoff have a proven track record of successfully handling DUI cases in southern California. Call our offices today at 866-430-8383 to discuss the specifics of your case at absolutely no cost.

A 63-year-old math tutor has been arrested on suspicion of lewd acts with a student in La Palma, according to a news report in The Orange County Register. Officials say he owns a learning center in Norwalk. The arrest occurred after a child was allegedly overheard discussing inappropriate touching. Officials are looking into whether there were other victims.

According to California Penal Code Section 288: "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."

Such sex crime charges can be devastating both personally and professionally for defendants. People who are in a position of trust or power or those who work with children are particularly vulnerable as simply an accusation of a lewd act or sexual assault can end careers for those who work with children. Consequences of a sex crime conviction in Orange County include imprisonment, fines and mandatory registration as a sex offender.

If you have been charged with a sex crime in Orange County, please contact the skilled La Palma sex crime defense lawyers at Takakjian & Sitkoff who will fight to obtain the help and guidance you need. Such cases must be dealt with quickly and efficiently and our attorneys, who are former prosecutors and investigators, have the knowledge and experience it takes to successfully defend against these charges. We have an excellent track record of getting charges reduced or even dismissed. Call us today at 866-430-8383 to discuss your case at absolutely no cost.

Orange County saw a substantial increase in drunk driving arrests over the Labor Day holiday weekend. The Orange County Register reported that 262 people were arrested for DUI in Orange County from September 2 through 5. This is a substantial increase from the 187 Labor Day weekend DUI arrests in 2010. The recent increase in enforcement was part of the "Avoid the 38" DUI enforcement program that resulted in 856 arrests from Aug. 19 through Sept. 5

It is not clear if this aggressive enforcement has resulted in fewer DUI collisions or fewer incidents involving drunk drivers. It has, however, likely resulted in many more individuals forced to struggle with license suspensions, heavy fines and an increase in insurance premiums.

Any time there is a crackdown on drunk driving there is the potential for an increase in wrongful DUI arrests. Police officers who are specifically searching for signs of drunk driving are more likely to see signs of intoxication where it doesn't exist. Arresting officers conducting field sobriety tests, for example, may mistake fatigue or illness for driving under the influence.

It is crucial that individuals facing DUI charges seek legal guidance because the penalties for a DUI conviction can be life changing. Penalties for first time offenders include jail time from 96 hours to six months, a fine of $1,000, a six month license suspension and the installation of an Ignition Interlock Device (IID).

The Orange County drunk driving defense attorneys at Takakjian & Sitkoff have years of experience fighting wrongful DUI charges in southern California. We carefully examine the circumstances of the arrest to determine if our client's rights were violated and fight to have the charges reduced or thrown out. Call our offices today at 866-430-8383 for a free and comprehensive consultation.

Almost all law enforcement agencies are out in full force during the Labor Day weekend. The period between Memorial Day and Labor Day is when drunk driving enforcement is at its highest and strongest. According to The Governors Highway Safety Association (GHSA), California's 41 countywide "Avoid DUI" task forces, as well as 111 individual local jurisdictions, are mounting special enforcement campaigns from Aug. 19 to Sept. 5. This increased enforcement includes additional officers patrolling the roadways and a substantial increase in DUI checkpoints.

Under state law, law enforcement agencies are required report where they plan to have a DUI checkpoint. Information about these sobriety checkpoints may be found in local papers and on news websites. For example, KPCC reports that in Los Angeles there will be checkpoints at Figueroa and 9th streets, Manchester Avenue and Broadway and at Sunset Boulevard and Hoover Street. This campaign is titled "Avoid the 100" because there are 100 police agencies participating in this special task force.

The National Highway Traffic Safety Administration (NHTSA) reports that nearly 11,000 people die in alcohol-related car accidents every year. Clearly, drunk driving is a serious problem in the United States and it is important to keep our roadways safe this holiday weekend. However, sobriety checkpoints and holiday crackdowns can result in wrongful arrests. Those who are arrested will potentially face all the serious consequences that come with a drunk driving charge and conviction. A DUI conviction could result in jail time, probation, loss of driver's license, mandatory enrollment in an alcohol education program and installation of an ignition interlock device.

The Orange County DUI defense attorneys at Takakjian & Sitkoff have had an excellent track record of protecting the rights of drivers. If you or a loved one is charged with driving under the influence of alcohol this Labor Day Weekend, do not hesitate to call our offices for a free confidential consultation at 866-430-8383. We will review the circumstances of the arrest and fight hard to get your charges reduced or dismissed.