Articles Posted in Criminal Defense

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Pamela Bach, ex-wife of “Baywatch” star David Hasselhoff, was recently arrested in Los Angeles for driving under the influence. According to a news report, Bach was pulled over on the Highway 101 at Laurel Canyon Boulevard in the San Fernando Valley. California Highway Patrol officials say Bach registered blood alcohol levels of 0.14 and 0.13 percent during a Breathalyzer test. Bach has a prior DUI arrest on her record in which she pleaded no contest to the charge in August. At the time, she was placed on three years of informal probation. Bach was also ordered to undergo an alcohol treatment program and not to drive with any “measurable amount of alcohol in her blood.”

In the state of California, it is against the law to drive a motor vehicle under the influence of alcohol or drugs (California Vehicle Code 23152). The same vehicle code section also states that motorists must not drive with a blood alcohol level of 0.08 percent or higher. The consequences of repeat DUI offenses can be devastating and could include loss of driving privilege, jail time and steep fines.
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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.
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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.
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A 37-year-old massage therapist is being accused of sexual assault. According to a news report in The Orange County Register, prosecutors say that the man who was working as an independent masseur, who formerly worked out of a San Juan Capistrano chiropractor’s office, assaulted a 21-year-old woman by touching her inappropriately during a massage. Police are looking for other women or customers of this masseur who may have been sexually assaulted. Police say they have investigated this particular masseur before this complaint. Two years ago, a woman in her 50s told officials that she had been inappropriately touched by the man. But at the time, there was not enough evidence to file charges, officials said. Two other women filed complaints, but those cases were outside of the statute of limitations.

Sex crimes are criminal offenses of a sexual nature and can vary to a great degree. Punishment for a sex crime depends on the type of offense and level of the charge. A misdemeanor sex crime conviction can be punished by up to one year of county jail time. Some sex crimes, such as violent sexual assault, are “three strikes” offenses with a third strike resulting in a sentence of 25 years to life. Furthermore, a conviction for some sex crimes will result in registration as a sex offender or sexual predator and public disclosure.
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If you are caught driving under the influence on the job, especially if you are responsible for the lives of young children, you will be facing very serious charges. A recent report in the Ventura County Star talks about a school bus driver in Ojai who was arrested for driving under the influence while on the job. The drunk driving accident occurred when the 53-year-old female driver was trying to make a U-turn on an Ojai street. The bus struck a pickup truck.

There were 31 students in the bus but luckily no one was injured. The bus driver took a breath test and was booked for driving with a blood alcohol level of 0.08 percent or higher. California law prohibits commercial drivers, including bus drivers, from driving with blood alcohol levels of 0.04 percent or greater, although the legal limit for non-commercial drivers is 0.08 percent. The news report states that the driver admitted to drinking alcohol the night before. She has been charged with misdemeanor DUI and child endangerment.
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A pastor in an Anaheim church has been accused of molesting four girls in his congregation, The Orange County Register reports. The 45-year-old pastor was arrested in September and has been charged with one felony count of lewd acts on a child under 14, five felony counts of lewd acts on a child, two misdemeanor counts of child annoyance, and a sentencing enhancement allegation for lewd acts on multiple children. He is accused of inappropriately touching four girls as young as 13 between April 2007 and September 2009. The Anaheim pastor, who has a prior conviction for sale or distribution of drugs, faces a state prison sentence of up to 11 years and four months if convicted.

Sex crimes are some of the most vigorously prosecuted and severely punished offenses in our criminal justice system today. This is particularly true when the alleged victims involve children or underage teenagers. If you are accused of a sex offense, whether you believe you are guilty or not, you need a strong and skilled criminal defense lawyer on your side. A sex crime conviction can lead to significant incarceration and mandatory registration as a sex offender in California for the remainder of your life.
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Brawley King Nolte, the son of actor Nick Nolte, was arrested for driving under the influence in Santa Monica, California, according to a recent news report. The 23-year-old Nolte was stopped and arrested by Santa Monica police officers after he reportedly tried to change lanes and collided with another car. He was taken into custody after allegedly failing field sobriety tests and showing signs of intoxication and was booked for DUI and possession of a controlled substance.

Both driving under the influence and possession of illegal drugs are serious crimes in California. California law prohibits drivers from operating under the influence of alcohol and/or drugs. 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.”

A common mistake that many DUI arrestees make when they are arrested is that they plead guilty. Many do not know that they may not be “guilty” just because they take a breath or blood test and have an elevated blood alcohol level. Also, even though a person is arrested for drug possession, it does not mean they will be found guilty either.
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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.
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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.
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Tawney Kitaen, actress and ex-wife of Anaheim Angels pitcher Chuck Finley, was arrested for drunk driving in Newport Beach; according to The Orange County Register. Kitaen may have been under the influence of alcohol, prescription drugs or both, Newport Beach police said. She was apparently arrested for DUI near John Wayne Airport after she was involved in a traffic collision. However, there were no injuries or damages to either vehicle.

Driving under the influence is a serious violation of California law. 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 law also states that it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a motor vehicle. Driving under the influence of drugs – whether they are recreational or prescription drugs – is also illegal.
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