California Criminal Lawyer Blog

An 18-year-old man was arrested following a fatal Orange County car accident, while officials are still determining whether or not alcohol or recklessness contributed to the accident. The Orange County Register reports that the fatal car accident occurred on Ortega Highway near Caspers Park in San Juan Capistrano. Officials say the man drove his pickup off the roadway and into a tree. A woman in her 40s who was riding in the pickup was pronounced dead at the scene of the crash. The teenage driver was arrested on suspicion of vehicular manslaughter. An investigation is ongoing.

A driver who is determined to have been at fault for a fatal accident may face vehicular manslaughter charges. Evidence of reckless driving or intoxication can result in even more serious charges. California Penal Code 191.5 (b) states, "Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle … and the killing was … the proximate result of the commission of an unlawful act."

Following a fatal car accident, an experienced DUI defense attorney should be brought on board immediately. Having quality legal representation on your side can make or break your case. The resulting penalties for vehicular manslaughter are severe, especially when alcohol is a factor in the crash. If convicted, a defendant could face lengthy prison time, hefty fines, and other life-changing penalties.

The skilled criminal defense lawyers in Orange County at Takakjian & Sitkoff have many years of experience handling DUI cases involving serious injuries and fatalities. If you or a loved one has been charged with vehicular manslaughter, please call our offices at (866) 430-8383 to discuss your case at no cost.

Southern Californians will see a substantial increase in the amount of police enforcement on the roadways this Thanksgiving weekend. The increase in driving under the influence (DUI) patrols and sobriety checkpoints serves to discourage illegal activity and arrest motorists suspected of driving under the influence of alcohol. All motorists would be well advised to drive safely and to utilize a designated driver or taxi service after consuming alcohol during the holiday festivities.

During the 2010 Thanksgiving enforcement effort, 1,546 people were arrested on suspicion of DUI in California. That number reflects an increase from the 1,461 DUI arrests during the 2009 Thanksgiving weekend. The California Highway Patrol reports that their increased DUI enforcement begins this year on November 23 at 6:01 p.m. and continues through November 27 at 11:59 p.m.

If you are pulled over this Thanksgiving weekend, there are a number of things you should remember. First, be respectful and polite to the officer. Remember that you are allowed to refuse taking a field sobriety test. Additionally, you have the legal right to refuse a preliminary alcohol screening test (breath test) as well. Individuals who have been arrested, however, must submit to a chemical blood or breath test. Refusal of one of these tests after being arrested will result in a license suspension and at least 48 hours in jail. Last, but not the least, remember to exercise your right to remain silent.

The experienced Los Angeles drunk driving defense attorneys at Takakjian & Sitkoff handle cases throughout Southern California. If you or a loved one is charged with a DUI this Thanksgiving weekend, please call our offices at (866) 430-8383 for a free consultation and comprehensive case assessment.

There are many mistakes that can be made during a DUI arrest that can result in the drunk driving charges being dropped in the future. Under California law, drivers are obligated to take a breath test, but they have the right to decline to take the preliminary alcohol screening test. Drivers may also decline to take field sobriety tests. When police officers make the mistake of failing to inform drivers about these rights and lead them to believe that the tests are mandatory, the results of such tests may not be used in court. Californians should know that refusal of these tests typically results in an arrest, and it is against the law to refuse to take a blood or breath test after being arrested. Once an arrest is made, police officers are required to inform the suspect of his or her rights.

There are many mistakes that can be made during the actual testing process, or the DUI investigation as well. Was the officer qualified to administer the test? Were proper protocols followed? When was the equipment used for the test last calibrated? Were the samples tampered with or stored properly? Did the arresting officer have probable cause to seize evidence from the suspect's vehicle?

There are many potential mistakes that can invalidate an arrest and get charges dismissed. The experienced southern California DUI defense attorneys at Takakjian & Sitkoff know how to analyze all aspects of a case to determine if any of the defendant's rights were violated. If you are facing DUI charges in southern California, please call our offices today at (866) 430-8383 for a free consultation.

A 20-year-old assistant football coach has been arrested and charged with unlawful sex with a minor. According to an ESPN news report, the Hart High School coach was arrested in Santa Clarita. Officials say the 20-year-old coach had sex with a 15-year-old student in a vehicle. The authorities believe this is an isolated incident and no other victims are expected to come forward. The coach now faces felony charges, including lewd acts with a child and unlawful sexual intercourse.

California Penal Code Section 261.5 defines unlawful sexual intercourse as "an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor." This crime is a misdemeanor when the victim is within three years of age with the suspect. The law states that "any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison."

Allegations of unlawful sex with a minor can have long lasting social and professional ramifications for defendants. This type of allegation can be particularly damaging to someone who works with children, such as a teacher, coach, mentor, or tutor. Some common consequences of a sex crime conviction include prison time, hefty fines, and mandatory registration as a sex offender.

The experienced Los Angeles sex crime defense attorneys at Takakjian & Sitkoff have a long history of handling sex crime cases. If you or a loved one is facing sex crime charges involving minors, please contact our offices at (866) 430-8383 to better understand your legal rights and options.

TV star Ryan Rottman, 27, has had his DUI charges officially dismissed. According to an E! Online news report, Rottman agreed to cop to a reduced plea of alcohol-related misdemeanor reckless driving in order to have his DUI charges dismissed. Officials say the incident occurred back in July after he lost control of his vehicle, which jumped a curb in Hollywood. The Nickelodeon star now faces three years probation, a $390 fine, and a three-month alcohol education course instead of possible jail time.

There is a wide range of penalties that California drivers could face if they are charged with driving under the influence. Common DUI penalties include: jail time, heavy fines, license suspension, installation of an ignition interlock device, and mandatory alcohol treatment classes. Penalties for drunk driving can increase or decrease depending on the circumstances of the arrest, the driving history of the defendant, and whether anyone was hurt because of the actions of the driver.

It is crucial that anyone facing DUI charges in southern California seek legal guidance before discussing their case with the authorities. An experienced DUI defense attorney will be able to review the circumstances of the incident to determine if it is worth fighting the charges or if it is possible to get the charges lowered or dismissed. Failure to consider all options could result in the defendant facing unnecessarily harsh penalties.

A Hollywood DUI defense attorney at Takakjian & Sitkoff has many years of experience handling DUI cases in southern California. If you or a loved one has been accused of driving under the influence in Los Angeles, Orange, or Ventura counties, please contact our reputed DUI defense lawyers at (866) 430-8383 for a free consultation.

A 43-year-old Fountain Valley woman has been charged with having sex with a 12-year-old boy. According to a news report in The Los Angeles Times, the woman has been charged with three felony counts of lewd acts on a child under 14 years of age, along with a sentencing enhancement for "substantial sexual conduct with a child." The woman is accused of having sex with the boy twice. The boy's mother discovered the woman in a room with her son and found her kissing the boy. The mother became suspicious and alerted police, which led to the investigation and the subsequent arrest and charges.

California Penal Code Section 261.5 states: "Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years."

In addition to incarceration, the consequences for sex with a minor include mandatory registration as a sex offender. Convicted sex offenders are often ostracized from society. The social, professional, and financial impact of a sex crime conviction can be significant. Getting a job, a professional license, or renting a home are challenges for convicted sex offenders. Several Orange County cities have even banned convicted sex offenders from entering city parks without getting prior police permission.

The skilled criminal defense attorneys at Takakjian & Sitkoff have a successful track record of handling sex crime cases in southern California. A number of sex crime charges involving minors stem from misunderstanding. If you or a loved one has been charged with committing a sex crime, please do not hesitate to contact our knowledgeable Orange County sex crime defense attorneys at (866) 430-8383 right away.

California residents have certain rights when dealing with the authorities. Having a basic understanding of your legal rights under California law can help you protect yourself if you are arrested, accused of a crime, or simply stopped by the police. Individuals have different rights depending on whether they are in or outside of their home.

If a law enforcement officer arrives at your home, you have the right to keep your door closed. You have the right to refuse entry to your home to any officer who does not have a warrant to search the premises. If the officer has a warrant, you have the right to review it. If you choose to allow an officer into your home, anything they find may be used against you in court. If you refuse to let them in, they will have to obtain a warrant. If they return with a search warrant, it is important to remember that the warrant gives them the right to search your home, but you maintain your right to remain silent.

If a police officer stops you outside of your home, you have the right to ask the officer if you are free to go. If the officer refuses to let you go, you have the right to remain silent beyond providing your name and identification. Remember, anything you choose to say to an officer may be used against you in court. It is your right to refuse to speak with the authorities until your attorney is present.

The skilled Los Angeles criminal defense attorneys at Takakjian & Sitkoff have a long history of protecting the rights of Southern California residents. If you or a loved one has been arrested or charged with a crime, please call our experienced criminal defense lawyers at (866) 430-8383 before discussing your case with the authorities.

A 37-year-old swim coach has pleaded guilty to multiple offenses involving sex with a minor. According to a news report in The Orange County Register, the Irvine man was sentenced in Orange County Superior Court to 16 months in state prison for having sex with a 15-year-old female student. Officials say the sexual encounters occurred between April 1, 2010 and February 18, 2011. After allegations were made against the man, the authorities interviewed other potential victims, but no additional charges were filed. The man pleaded guilty to 13 felony counts of lewd acts on a child, three felony counts of unlawful sexual intercourse, and two misdemeanor counts of contributing to the delinquency of a minor.

California Penal Code Section 288 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."

Individuals convicted of lewd acts with a minor often face a number of consequences, including jail time, mandatory registration as a sex offender, and heavy fines. Anyone facing serious sex crime charges involving minors should get an experienced criminal defense lawyer on his or her side right away so the charges can be aggressively fought.

The skilled Orange County sex crime defense lawyers at Takakjian & Sitkoff have a long history of handling sex crime cases throughout Southern California. Our knowledgeable attorneys know how to fight wrongful charges,negotiate pleas, and lessen penalties. If you or a loved one is facing sex crime charges in California, please do not hesitate to call our offices at (866)430-8383 for a no-cost consultation and comprehensive case assessment.