California Criminal Lawyer Blog

In the first decision of its kind in California, a Los Angeles Superior Court judge ruled that the retail sale of marijuana is not permitted under California state law. According to an LA Weekly article, the case was brought against a medical marijuana dispensary that the Los Angeles City Attorney’s office said was targeted because its product was found to have traces of pesticide. The marijuana dispensary was ordered to temporarily shut down. The ruling also stipulated that medical marijuana providers must comply with the federal Food, Drug and Cosmetics Act which requires particular testing, labeling, warnings and product information to be provided to patients.

The California legal system’s treatment of marijuana use and cultivation derives primarily from the Compassionate Use Act of 1996 (California Health & Safety Code Section 11357-11362.9), which provides protections from existing federal or state laws criminalizing marijuana use and cultivation for “seriously ill” Californians using the drug for medicinal purposes. The language of the legislation was left intentionally vague so as to allow regional authorities to make reasonable determinations about how to implement the marijuana law.

Continue reading "Los Angeles Judge Rules Retail Sale of Marijuana is Illegal" »

Los Angeles police recently arrested a 20-year-old homeless man in Venice Beach on suspicion of sexually assaulting a 15-year-old Menlo Park girl who went missing in January.

According to police, Venice Beach is noted for having a number of young runaway girls. Based on a Mercury News story, this runaway had left home January 6th after a dispute with her parents. She then hopped a train to Los Angeles Union Station. The alleged, an admitted gang member, met the girl and offered her drugs and alcohol. He also threatened to hurt her or kill himself if she left him and proceeded to beat and sexually assault the girl.

On January 30, the girl turned herself in to Culver City police and was sent home to the Bay Area that night. The Los Angeles County District Attorney’s Office indicated that the accused was involved in a 2009 sexual assault case, but prosecutors had not yet charged him of the sex crime in Los Angeles. He is currently being held in lieu of a $175,500 bail.

Continue reading "Police Arrest Homeless Gang Member for Sexual Assault" »

A 43-year-old Orange County man has been accused of drunk driving and speeding in connection with a car accident, which killed a woman on the 10 Freeway in El Monte. According to a news report, the man has been charged with one count each of gross vehicular manslaughter while intoxicated, DUI causing injury, and driving with a blood alcohol content of 0.08 percent causing injury. Officials say the deceased woman was a passenger in a car that was hit by the alleged drunk driver. The driver was apparently traveling at more than 120 mph.

If you have been accused of felony drunk driving and/or vehicular manslaughter in Los Angeles or Orange County, you are looking at serious consequences including jail time, loss of driver's license, hefty fines, and other severe penalties. California Vehicle Code Section 23152 (a) states: "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." The same code section also states that in California it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

Continue reading "Man Accused of DUI, Gross Vehicular Manslaughter" »

A husband and wife were arrested and charged with running a prostitution ring out of two upscale apartment buildings in Pasadena and Irvine, according to a Los Angeles Times news report. The couple allegedly managed about two dozen women, who officials say, charged $200 per hour. In addition to the couple, four other men between the ages of 20 and 45 were also arrested on prostitution charges. The couple is facing charges of pimping and pandering. Officials said they initially suspected that human trafficking was involved, but later discovered that the women were attracted to the Los Angeles and Orange County business because of relatively higher pay.

According to California Penal Code Section 647 (b), committing prostitution means "any lewd act between persons for money or other consideration." Pandering, defined under Section 266 i of the California Penal Code, is considered to be a crime committed by a pimp – recruiting prostitutes and soliciting customers for prostitution services. If you are convicted of prostitution or pandering, you are looking at significant jail time, probation, community service, AIDS testing, fines, and other penalties.

Continue reading "Couple Accused of Running Prostitution Ring in Los Angeles and Orange Counties" »

A new California law, effective this year, requires anyone convicted of DUI in Los Angeles County to install an ignition interlock device in his or her vehicle. According to news reports, Los Angeles is one of seven California counties where this pilot program goes into effect starting July 1, 2010. What this law means is that even if you have been convicted of drunk driving for the first time, you need to install an ignition interlock device in your vehicle.

What is an ignition interlock device or IID? Basically, these are devices that require you to blow into them. If the device detects alcohol from your breath, it will not let you start the vehicle. The devices may be pre-programmed to measure the level of alcohol in your breath. For example, you could have it set or the court could order you to have it set at 0.02 (approximately one drink). Therefore, if you blow a 0.02 or more, you will not be able to start your vehicle and you would potentially be in violation of your drunk driving probation and be sent to jail.

If you are ordered to have an ignition interlock device installed, you will have to pay the fees for renting the IID alcohol detection device and for having it installed in your vehicle. The installation could cost you anywhere between $100 and $200. The monthly rental fee can range from $70 to $100. These fees do not include the additional charges for maintenance or having the device calibrated.

Continue reading "New Law Requires Ignition Interlock Devices for DUI Offenders" »

Drug crimes are not only a huge problem in California, but are also a major issue of concern throughout the nation. According to recent FBI reports, drugs and drug-related offenses account for about one-third of all arrests. California has led the nation when it comes to arrests for possession and sale of controlled substances and narcotics. According to the California Department of Corrections and Rehabilitation's statistics for 2009, 28 percent of all incarcerated inmates are there primarily for a drug offense. Last year alone, 10,310 inmates were enrolled in prison drug treatment programs.

A recent news report in The Acorn states that law enforcement officials are also aggressively pursuing drug offenders by joining forces to conduct raids – even outside of their jurisdictions. When it comes to drug crimes, it seems as if there are no boundaries. The article gives the example of a drug case in November when two Simi Valley teens were arrested on suspicion of dealing heroin in East Ventura County. Also, in September, a Simi woman was arrested for operating a cocaine delivery service, which covered Simi Valley, Thousand Oaks and the San Fernando Valley.

Continue reading "Southern California Law Enforcement Agencies Actively Pursuing Drug Offenders" »

The U.S. Supreme Court is getting closer to ordering police to explicitly advise criminal suspects that their lawyer can be present during any interrogation. According to an Associated Press news report, the nation's high court is looking into the Miranda rights warning which must be read to all criminal suspects by arresting officers. The justices are debating in one particular case whether police told a suspect clearly that he could have a lawyer present while being interrogated by the police.

There are several slight variations used by law enforcement when giving the “Miranda Warnings.” The warnings include: "You have the right to remain silent. If you give up the right to remain silent, anything you say can be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you free of charge and before any questioning." The suspect is then usually asked if they understand these rights and are willing to give up these rights. In the particular case now before the United States Supreme Court, the state Supreme Court had overturned the man's conviction saying that police did not properly and adequately convey to the suspect that he was allowed to have a lawyer with him during questioning.

Continue reading "Miranda Rights Warning Could Be Rewritten" »

Los Angeles police arrested three people for operating an elaborate marijuana growing operation in a San Fernando Valley industrial building barely 25 feet away from a police station. According to an Associated Press news report, the marijuana was discovered after officers served a search warrant at the building in Canoga Park. The indoor pot farm included lights, automatic irrigation and a ventilation system. Los Angeles Police Department Authorities say the three arrestees are facing multiple drug charges.

The severity of drug or marijuana cultivation charges in Los Angeles depend on the circumstances surrounding the arrest, and the quantity and type of drugs that have been seized. If convicted of cultivating marijuana, even if you are part of a marijuana “collective”, those facing drug charges could be looking at significant jail time, hefty fines and other harsh penalties. Drug crimes involving possession of large quantities of marijuana or narcotics, possession for sale or transportation, will almost always involve felony charges. In California, a felony drug crime could well become a "third strike," which could send a defendant to prison for the rest of his or her life.

Continue reading "Three Arrested for Operating Indoor Pot Farm in Los Angeles" »

California's Governor Arnold Schwarzenegger has signed two laws that will mandate drivers convicted of driving under the influence to install ignition lock devices that prevent vehicles from starting if alcohol is detected in the driver's breath. According to a news report, the bill written by Assemblyman Mike Feuer is a pilot project that will be tested in several California counties including Los Angeles. The bill will basically require that even first time DUI offenders must install these devices on their vehicles. Another bill, authored by Senator Bob Huff, will allow repeat DUI offenders to apply for restricted licenses if they install these ignition interlock devices in their vehicles.

While opponents question the effectiveness of these devices, advocates believe that the devices could cut down on repeat DUI offenses in California by 64 percent. New Mexico was the first state to enact such as law in 2003. In that state, the number of alcohol-related fatal crashes has dropped by 22 percent between 2002 and 2007.

Continue reading "New Law Will Require Ignition Locks for Convicted Drunk Drivers" »

Two Los Angeles police officers and a former officer were charged with conspiracy and perjury for lying under oath in a Los Angeles drug crime case, according to an Associated Press news report. Two of the officers testified in a drug crime trial last year that they saw the defendant throw a dark object. One of the officers testified that he picked up the object and found crack cocaine.

Based on surveillance camera video obtained from the apartment complex where the incident occurred, a judge has determined that the officers took more than 20 minutes to "find" the drugs. The judge has also dismissed charges against the defendant. Not only are federal prosecutors now conducting a civil rights investigation, but the defendant has also filed a civil complaint against the LAPD alleging that the three officers planted evidence, wrote false police reports, and committed perjury.

This is an extremely disturbing case especially because it shows that sometimes, law enforcement officials can act unethically; lying about the evidence, falsifying police reports and even being untruthful under oath. This allegedly occurred in a drug crime case where the defendant had a lot at stake. Had the surveillance video not been obtained, this individual could have faced some serious jail time and many other hardships.

Continue reading "Three Los Angeles Police Officers Charged with Lying in Drug Crime Case" »

Six people, who allegedly work for a Mexican drug cartel, were arrested in Imperial County after undercover agents arranged to sell them 160 pounds of cocaine, according to a CBS News report. The arrests apparently involved a Mexican drug cartel believed to transport large amounts of cocaine through border crossings in Calexico. The suspects reportedly agreed to pay $1.1 million for the drugs the undercover agents promised to sell them. Each of the six defendants faces 15 years in prison if convicted of all charges that include possession and transportation of cocaine.

All drug crimes are serious. But the type of charges you could face depends on the nature and seriousness of the crime. In drug cases, some of the factors that could come into play include the type of drugs, the quantity of drugs and the reason for possession. If you possess a small amount of drugs for recreational use, the charges you face may not be as serious as if you possess large quantities of drugs meant for sale or transportation across state or international borders. Cases involving large-scale transportation of drugs or cases involving drug cartels are handled by federal authorities and federal courts.

Continue reading "Six Arrested in California Drug Sting" »

In Orange County Superior Court, a Westminster city councilman has been convicted of driving under the influence with a blood alcohol level of 0.26 percent – which is more than three times the legal limit of 0.08 percent. According to a FOX news report, the councilman was involved in a car accident after he clipped another vehicle and crashed into a power pole. Neither he nor the occupants of the car he clipped were hurt in the drunk driving traffic collision.

Prosecutors charged the councilman with misdemeanor DUI and a high alcohol reading enhancement of driving while under the influence of alcohol with a blood alcohol level of 0.20 percent or higher. The councilman apparently reached a plea deal with prosecutors and was sentenced to three years of probation, a 10-day work program, approximately $2,000 in fees and a nine-month alcohol awareness program.

If you are first-time DUI offender and your car accident does not involve injury to others, then you may not get jail time. Prosecutors may charge a misdemeanor DUI in these cases. However, if your DUI accident involves significant property damage and injuries to others, then you are looking at jail time and the possibility of a felony. If there are fatalities involved, then California vehicular manslaughter charges may be filed. A felony charge is a more serious charge than a misdemeanor because the chance of jail time or state prison and greater penalties is possible.

Continue reading "Orange County Court - Westminster Councilman Pleads Guilty to DUI" »

A 27-year-old Los Angeles man pleaded not guilty to several counts of kidnapping and sex crime charges in incidents involving Orange County girls, according to a news report in The Orange County Register. Prosecutors say the most recent sex crime involved a 10-year-old girl whom the man tried to kidnap as she was throwing out trash behind her apartment complex in Anaheim. The man tried to lure the girl by showing her a handful of cash, officials said. The girl reported the incident to her father, who got all but one of the car's license plate numbers as the man drove away. Two other incidents were also reported, one involving the sexual assault of a 16-year-old girl in the man’s car.

Every sex crime case varies to a broad degree based on specific circumstances. Just because someone may have been charged with a sex crime, doesn't mean that they are automatically. As Los Angeles and Orange County sex crime attorneys, we have seen many cases where defendants are wrongly accused of committing a sex crime. This particularly happens in cases involving children. Some of the issues we have seen include mistaken identity and wrongful accusations by a spouse who is contemplating a divorce and wants sole custody of the children. The penalties for sex crimes are extremely severe and often include a lengthy prison sentence and required registration as a sex offender. When you are convicted or even charged with a sex offense, you must live with that stigma and the effects it has on relationships and employment.

Continue reading "Man Charged in Orange County Sex Crimes" »

More and more women are being arrested for driving under the influence of alcohol – a trend which is apparent not only in Southern California or California, but also nationwide; according to a Riverside and San Bernardino County news report in the “Press Enterprise”. Nationally the number of women arrested for DUI was up nearly 29 percent between 1998 and 2007, while the arrests of men were down 7.5 percent. Locally, fewer women than men are arrested for DUI, although the trend is upward. For example, since 1999, the number of women arrested for DUI in Riverside County increased from 30 to 39 and from 44 to 66 in San Bernardino County.

Driving under the influence or DUI – whether it involves alcohol, recreational drugs or prescription drugs -- is a serious crime in California. 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." The same code section also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.

Continue reading "More Women Being Arrested for Driving Under the Influence - DUI" »

A 27-year-old man was arrested for driving under the influence of alcohol after he reportedly lost control of his pickup truck and crashed into a building in Long Beach. According to this news article, the man was not seriously injured and no one else was hurt in the drunk driving crash. The man was reportedly driving toward the 710 Freeway when he lost control of his Toyota Tacoma pickup truck and hit the east wall of a recreation center. The building sustained moderate damage. The driver was booked for DUI and driving on a suspended license.

It is illegal under the California Vehicle Code to operate a motor vehicle under the influence of alcohol and/or drugs:

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.

(b) 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.

Continue reading "Long Beach DUI Charges against Man Who Crashed into Building" »

As a California Criminal Defense Law Firm, Takakjian, Sowers & Sitkoff, LLP is happy to share their new drug crime website as an important resource for those interested in learning more about laws surrounding drug offenses and the consequences of such crimes. The new website, www.californiadrugcrimedefenselawyer.com/, supplies a wide-range of information regarding misdemeanor drug charges, felony drug charges, drug manufacturing, drug possession, drug distribution, and many other elements of drug offenses.

In accordance with efforts to lower crime, laws pertaining to drug crimes are subject to change, in which the public should be kept up-to-date on such developments that could potentially directly affect them. The lawyers at Takakjian, Sowers & Sitkoff LLP are pleased to have their drug crime website available as a means of helping educate the public on new and existing critical laws surrounding drug offenses. Drug charge penalties can be quite severe and mostly depend on the amount of drugs a person is accused of possessing, in addition to the kind of drug or drugs in question. Whether or not a person facing drug charges has a previous criminal record will also influence the charges held against them.

The experienced California drug crime defense attorneys at Takakjian, Sowers & Sitkoff LLP have devoted many years to ensuring that those accused of a drug offense are aware of their rights and receive quality legal representation. For more information regarding drug crime general facts, legal resources, or more, visit www.californiadrugcrimedefenselawyer.com/. The California drug crime defense lawyers at Takakjian, Sowers & Sitkoff LLP can be reached at 866-430-8383.

There is an interesting news article about drug court in the Desert Dispatch. The article talks about a San Bernardino County court program which makes healthy living and employment mandatory for program participants who are recovering from drug addiction. This particular drug court program encourages healthy activities such as sports for recovering addicts through mandatory monthly activities. In order to be part of the program, participants must go to mandatory court hearings, pass drug tests, participate in drug treatment and work toward getting a job. In Barstow alone, there are 62 individuals participating in the drug court program.

Drug courts all over Southern California are becoming an extremely popular alternative to jail for those convicted of relatively minor drug crimes, such as possession of drugs and being under the influence of drugs. A study in 2005 in Barstow, California showed that recidivism rates were remarkably lower for those who participated in a drug court.

The study found fewer drug court graduates were rearrested. The statistics for those rearrested after completing the program were 17 percent of drug court grads and 29 percent of drug court participants. This study used information from a number of California counties including Los Angeles, Orange, San Diego and other counties.

Continue reading "Drug Courts Help Lower Relapse as a Good Alternative to Jail" »

A 37-year-old Orange County man has been arrested for felony driving under the influence and vehicular manslaughter in connection with death of his passenger in a July 26 traffic accident. According to this news report in The Orange County Register, the defendant was driving an SUV on a Santa Ana street when he lost control and struck a tree. The SUV rolled over and the passenger was ejected and sustained fatal injuries.

Driving under the influence – whether it's alcohol, recreational drugs or prescription drugs -- is a serious crime in California especially when it involves a serious injury or fatality. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Continue reading "Man in Santa Ana Charged with DUI and Vehicular Manslaughter" »

A new California law, which took effect last month, requires mandatory ignition interlock devices on motor vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction. According to this news report, a person who is required and fails to install an ignition interlock device is guilty of a misdemeanor. One who falls into the category of driving with a suspended license for a DUI-related conviction will be assessed a $40 administrative fee for verification of the device's installation. For more information, please visit the California Department of Motor Vehicles (DMV) Web site (www.dmv.ca.gov).

Driving under the influence is a serious offense in California. It can be prosecuted as a misdemeanor or as a felony in California depending on the nature of the incident, the seriousness of injuries and the driver's level of intoxication. In California, it is illegal to drive with a blood alcohol level of 0.08 percent or higher. It is also illegal in California to drive under the influence of drugs – be it recreational or prescription drugs.

Continue reading "New California Law for DUI Drivers" »

The California DUI law firm Takakjian, Sowers & Sitkoff LLP is pleased to announce the launching of its new drunk driving defense website, which provides valuable information regarding DUI-related offenses in California and the legal matters surrounding them. Considering that DUI laws in California are some of the most strict and complicated, the site, www.californiadrunkdrivingdefense-lawyers.com/, provides resources and particulars regarding DUI penalties, underage DUI, field sobriety tests, vehicular manslaughter, and much more.

The attorneys at Takakjian, Sowers & Sitkoff LLP have acquired a broad range of skill and knowledge in drunk driving defense and hope to help educate and warn the public about how the consequences of a DUI conviction vary depending on the circumstances of a particular incident. In order to be arrested for driving with an alleged blood alcohol level of .08% or above, law enforcement must conduct specific tests that can sometimes be faulty due to defective equipment or improper execution. The complexities of these tests are also explained on the site to help drivers understand what they may confront if pulled over for being suspected of driving under the influence.

Continue reading "Takakjian, Sowers & Sitkoff LLP Presents New California Drunk Driving Defense Website" »

The California Supreme Court has made a recent ruling that California drunk driving defendants in should be able to challenge breath test results in court. According to an Associated Press news report, the court is basically allowing defendants to question the science of breath tests, which use a standard formula called "Partition Ratio" to convert the amount of alcohol vapor in the lungs into a blood alcohol level.

The problem with this science is that breath-to-blood ratios vary greatly throughout the population and from person to person, depending on factors such as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device. What this means is that the same breath test result for one person's breath could erroneously signal intoxication while for another it could mean that they simply had a glass of wine with their dinner.

The recent California Supreme Court ruling opens the door to breath test challenges, an option that has remained closed to most DUI defendants over the last two decades. The court said in its ruling that evidence of the variability of these tests can henceforth be shown to juries. This ruling confirms what any DUI defense lawyer already knows – that one-size-fits-all breath tests don't tell the real story for all suspects.

Continue reading "DUI Defendants May Challenge Breath Tests, Court Rules" »

A new state law that is in the works, if approved, could require first-time California DUI offenders to install an ignition interlock breath testing device (IID) into their vehicle's ignition. According to this news report, the bill's author, Mike Feur, a state senator from Los Angeles, claims that it will deter the 45,000 repeat drunk drivers who are arrested each year across California.

If this proposed bill becomes law, first-time drunk driving law offenders in four counties would be required to install the devices. IID’s are basically about the size of a cell phone and wired to the vehicle's ignition. The driver would not be able to start the vehicle until his or her blood alcohol level is below the legal limit. In California, as in almost all other states, it is illegal to operate a motor vehicle with a blood alcohol level (BAC) of 0.08 percent or higher.

This proposed law is flawed and unfair because it treats first-time CA DUI offenders the same as repeat offenders. It would be required to be on the vehicle for six months. And there are questions about how effective these devices are. For example, a determined person can get someone else to blow into the device to help start the vehicle. Sometimes, false positives caused, for example, the use of mouthwashes can cause cars to stall or shut off while on the road.

Continue reading "New CA DUI Law to Be Tougher on First-Time Offenders" »

A California State Senator wants boaters convicted of operating their boat under the influence to lose their driver's license as well, Havasu News reports. Senator John J. Benoit, R-Bermuda Dunes, has introduced SB 154, which would basically cause the suspension of California driver's license for individuals convicted of boating under the influence.

The California Department of Motor Vehicles used to suspend driver's licenses for those convicted of boating under the influence (BUI) in the mid 90s. But that procedure was ordered stopped by the California Court of Appeals in 2008, citing lack of statutory authority.

This bill basically calls for the DMV to suspend the driving privilege of anyone convicted with a prior California DUI or BUI conviction. It would also mandate that anyone convicted of boating under the influence attend and complete an alcohol education program. The California Department of Boating and Waterways estimates that nearly half of all deaths on California's waterways are caused by impaired vessel operators. The bill has been passed by the Senate and also got the support of the Assembly Committee on Public Safety. It is awaiting action by the full Assembly.

Continue reading "Driver License Suspension for Boating Under the Influence" »

A recent investigation and subsequent analysis by the Sacramento Bee newspaper shows that individuals convicted of homicide in California are more likely to receive the death sentence in conservative counties, particularly in the southern part of the state. According to this news report; between 1998 and 2007, prosecutors got approximately one death penalty conviction for every 100 murders statewide. In Orange County, the rate was twice as high. And in Riverside County the death penalty rate was three times as high, the report stated.

Any violent crime conviction in California can have devastating consequences. But with a murder conviction, you are looking at the ultimate penalty. California is a death penalty state. So if someone is found guilty of a special circumstance first-degree murder, they are looking at the death penalty or life in prison without the possibility of parole.

The stakes are extremely high in any murder case or any other violent crime. If you or someone close to you has been arrested murder or manslaughter or any violent crime such as homicide, robbery, rape or sexual assault; please contact an experienced Southern California criminal defense attorney who has the skill and expertise to defend your rights and fight to get your charges dismissed. At Takakjian, Sowers & Sitkoff LLP, our attorneys are former prosecutors who have experience and a successful track record defending these serious charges. Call us today for a free consultation.