Los Angeles Criminal Defense Lawyer Blog

The Orange County Register reports more than 300 motorists were charged with drunk driving in the 10 days leading up to and including Christmas weekend.

Our DUI defense lawyers in Orange County remind you that authorities will be out in force again this weekend, making hundreds of arrests for drunk driving through the New Year's holiday. Such intense enforcement often leads to questionable arrests, including those made as a result of a sobriety checkpoint in Los Angeles.

The cost of a drunk driving conviction has been estimated at between $10,000 and $20,000 counting fines, court costs, increases in insurance premiums, the costs associated with mandatory alcohol treatment or assessment, and the cost of fighting to maintain your right to drive or paying to have your driver's license reinstated. Job loss is also a frequent consequence of a DUI conviction. Seeking the advice of an experienced attorney is a good first step toward protecting your rights.

Those facing a DUI charge in Los Angeles or the surrounding area will also need to fight for their rights to drive through a second process, known as a DMV Administrative Hearing, which occurs through the Department of Motor Vehicles. An experienced drunk driving defense lawyer can handle both cases.

From Dec. 17 to Dec. 26 authorities reported four DUI fatalities and 340 DUI arrests in Orange County cities. Last year, 399 people were arrested for driving under the influence of alcohol. The "Avoid" campaign involved the California Highway Patrol, local police departments and the Orange County Sheriff's Office.

"Motorists need to be aware that many enforcement agencies are targeting drinking drivers and as a result arrests for DUI in the state have increased by 18 percent since 2001," said Steven Bloch with the Automobile Club of Southern California. The club reports more than 211,000 arrests for DUI last year and 27,000 motorists who were injured or killed in alcohol-related crashes.

Several agencies are offering free rides for New Year, including the Orange County Transportation Authority, which is offering free bus rides from 6 p.m. Dec. 31 until 2:30 a.m. Jan. 1. More than 10,000 people used the free service last year.

The Automobile Club is offering free Tipsy Tows. The service is available until 6 a.m. Jan. 1 in 13 Southern California counties. Those needing a ride can call 1-800-400-4AAA.

Continue reading "L.A. drunk driving defense lawyers wish you a safe and enjoyable New Year" »

A 23-year-old man is facing cocaine-trafficking charges in Los Angeles after authorities say he was stopped at LAX with 14 pounds of cocaine disguised as candy, the L.A. Times reported.

Consulting a federal criminal defense lawyer in Los Angeles is critical to protecting your rights in the wake of federal drug charges. Earlier this week, The Washington Post reported that an officer in the U.S. Navy jumped to his death at a Manila airport after being accused of cocaine smuggling.

In this case, the U.S. Immigration and Customs Enforcement reports the alleged drugs were hidden in colored eggs, similar to Easter candy. The defendant said the candy was for his two children. More suspected cocaine was found beneath the cardboard bottom of a paper shopping bag. The street valued of the suspected cocaine is more than $100,000.

The defendant was returning to the United States after a week-long trip to Columbia. He faces life in prison if convicted under federal law of importation of a controlled substance.

In the Navy case, the Lt. Commander was being detained when the 35-year-old jumped to his death from a second-floor staircase while being escorted to the restroom. He had been arrested after an airport X-ray machine detected a plastic bag of suspected cocaine in his pocket.

He denied the cocaine was his and claimed he was being set up. Various news outlets have since reported that the unknown substance tested negative for the presence of cocaine.

Continue reading "Los Angeles drug-smuggling charges require experienced, aggressive defense" »

The government is pouring $7 million into drunk and drugged driving prevention advertising, with national television and radio spots running until Jan. 3. The National Highway Traffic Safety Administration is also pushing states to adopt laws that permit mandatory testing if a motorist suspected of drunk driving refuses to submit to a breathalyzer examination.

Our Los Angeles DUI Defense lawyers frequently post information regarding the ever-increasing sanctions faced by suspected drunk drivers. Higher fines, longer license suspensions, ignition interlock devices, more jail time and other tough legislation is often debated by California lawmakers. It is one of the many reasons we encourage those facing DUI charges in Southern California to consult with an experienced criminal defense lawyer. The tiered nature of California drunk driving laws means increased penalties for subsequent offenses. And having a DUI conviction on your record is a good way to be stopped, questioned by law enforcement and charge again.

When you combine that with the fact that the laws are only getting stricter -- there is even talk of lowering the legal limit from .08 to .05 as many other countries have done -- fighting the charges is critical to protecting your future freedom and livelihood as well as the financial well-being of you and your family. Estimates put the cost of a DUI charge at $10,000 to $20,000. Consulting an experienced defense attorney can be money well spent.

A DUI conviction will also require an Administrative Hearing in Los Angeles, which is conducted through the Department of Motor Vehicles. A driver must request such a hearing within 7 days of arrest or his or her driver's license will automatically be suspended regardless of the outcome of the criminal case. Suspensions can range from 4 months for a first offense to a year for second or subsequent offenses.

Under California's implied consent law, those who do not submit to a blood or breath test face an automatic suspension of 1-year for a first offense and 2-years or longer for a second or subsequent offense. However, they will also be denying the state one of the key pieces of evidence used to secure a drunk driving conviction. Applied consent means you agree to take the tests by virtue of being issued your driver's license.

The federal government wants states to pass a law permitting "on call" judges to issue immediate warrants, which would force a blood test. Typically, such drastic measures are only used when an accident results in serious or fatal injuries.

"Drunk driving remains a leading cause of death and injury on our roadways," said U.S. Secretary Ray LaHood. "I applaud the efforts of the law enforcement officials who have pioneered the 'No Refusal' approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can't skirt the law and are held accountable."

Beyond the rhetoric, there are real questions about the accuracy of breathalyzer examinations and the results are often successfully challenged in court. Forcing citizens to submit to testing will also undoubtedly raise some serious constitutional questions.

Last year, 10,839 people were killed in drunk driving accidents. The holidays increase the risk. In 2009, more than 750 motorists died in drunk driving crashes during the year-end holiday season.

Continue reading "Government pushes mandatory BAC testing for drunk driving suspects in Los Angeles, elsewhere" »

Vehicular manslaughter charges in Los Angeles have been filed against a 20-year-old woman who was allegedly text messaging when she struck and killed a pedestrian in Glendale, the L.A. Times reported.

Vehicular homicide or manslaughter charges, drunk driving charges, and other charges of negligent operation of a motor vehicle will trigger negligent operating hearings in Los Angeles, which are initiated by the Bureau of Motor Vehicles and can result in the loss of your license for criminal charges involving unsafe operation of a vehicle. An L.A. criminal defense lawyer must fight the allegations in both criminal court and before the DMV.

The Glendale accident happened Sept. 15. It was not immediately concluded that she was text messaging; at the time, police said she ran a stop sign. The accident killed an 80-year-old man who was walking. Bail in the case was set at $50,000. She faces up to six years in prison if convicted.

The Governors Highway Safety Association reports California is one of 30 states to ban text messaging by drivers. It is among eight states that ban all hand-held cell phone use by drivers. The other states are Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

California leads the nation in the number of pedestrian deaths, according to the National Highway Traffic Safety Administration. In 2008, California pedestrian accidents accounted for 620 of the nation's 5,228 pedestrian deaths.

The U.S. Department of Transportation reports about 4,500 motorists were killed and 500,000 injured in distracted driving accidents last year. Only speeding and drunk driving are blamed for more deaths on the nation's roads.

Continue reading "Los Angeles vehicular homicide charges filed in fatality allegedly caused by text messaging driver" »

While law enforcement will be out in force handing out DUI charges in Los Angeles this holiday season, it is the added emphasis on DUI drug charges that is making news.

An experienced Los Angeles DUI defense lawyer should always be called to handle drunk driving charges. Probable cause for the traffic stop. Probable cause for requesting that your perform field sobriety tests, and the proper administration of those tests and the breathalyzer examination are just a few of the grounds on which a drunk driving charge can be challenged.

When it comes to DUI/Drug charges in Los Angeles, law enforcement is on even shakier ground. In most cases, drugs are odorless. They also can remain in your system for weeks after being consumed. Yet some 6,000 law enforcement officers have attended the federal government's Drug Evaluation and Classification program and 1,000 instructors have been certified in 46 states. Allegedly graduates are trained to recognize symptoms of drug impairment.

Such cases should always be attacked by an experienced Los Angeles defense lawyer on probable cause grounds. Like field sobriety tests, they are nothing more than an officer's opinion. When you consider the fact that the officer's job is to find evidence of your guilt, a motorist stands no chance.

The Los Angeles Times reports both the rate of drunk driving and the rate of drugged driving have dropped in California. However, the National Highway Traffic Safety Administration is reporting an increase in drugged driving accidents and injuries of between 10 and 20 percent.

As states roll out National Drunk and Drugged Driving Prevention Month in time for the holidays, the emphasis will be on charging drivers believed to be under the influence of either alcohol or drugs.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

Continue reading "DUI-Drug charges in Los Angeles an emphasis of law enforcement this holiday season" »

Sixteen men are facing federal charges in Los Angeles and elsewhere after the Federal Bureau of Investigation broke up what it says was an online child pornography ring, the New York Times reported.

An L.A. Internet Crimes Defense Attorney should always be called to represent a defendant facing child pornography charges involving online images of minors. As we wrote recently on our L.A. Criminal Defense Blog, few crimes carry the stigma associated with sex crimes against children.

Job loss, loss of reputation, strained or broken relationships with friends or family, and the prospect of being registered as a registered sex offender await those who are convicted. Strict limitations as conditions of probation or parole, including restricted or forbidden access to the Internet, public parks and areas known to be frequented by children, can severely impede your future freedom and movement. Unfortunately, a suspect will frequently talk to investigators with the hopes of avoiding charges. Detectives know this and use it to their advantage.

If you have been approached for questioning, you are very likely to be charged. Please consult an experienced criminal defense attorney in Los Angeles immediately. Too often, the best evidence against a defendant is his or her own words during interview or interrogation.

Additionally, federal charges should always be handled by a defense lawyer experienced in federal court, where the rules and laws are much different than state court. Child pornography on the Internet is frequently prosecuted in federal court because the allegations often cross state and national boundaries. The charges can be very serious because each image is often charged as its own offense, leading to dozens or even hundreds of felony charges for the same alleged behavior.

In this case, the government alleges the scope of the child pornography ring included defendants in the United States, South America, Europe and New Zealand. A tip from Europe in 2008 prompted the investigation. Five of 16 suspects in the United States have already pleaded guilty. Some of the network's 35 members remain unidentified. Those convicted in U.S. federal court face a mandatory minimum sentence of 20 years in prison.

Continue reading "Federal Internet Crimes require aggressive, experienced defense in Los Angeles" »

Two former tech executives are facing federal fraud charges in Los Angeles after a federal grand jury indicted them on charges of defrauding investors, overstating revenue and manipulating stock options, the L.A. Times reported.

These charges, and charges involving real estate fraud in Southern California, have become commonplace since the economic downturn. In many cases, investors made bad investments and are now looking for someone to blame. Often, executives did the best they could or knew nothing of alleged fraud, and yet are still being targeted with allegations of white collar crime by federal investigators. A federal criminal defense attorney in Los Angeles should have significant experience in accounting and defending financial crimes to represent clients in such cases. Frequently investigators and prosecutors have rushed to judgment and often they have not done due diligence in ensuring that they understand the complex nature of corporate financing and the various investment vehicles used by start-up companies.

In this case, the former Chief Executive Officer and the Executive Vice President of Vitesse Semiconductor Corp. have pleaded not guilty to the charges and have been released on bond. They face charges of securities fraud, falsifying corporate records and conspiracy. The CEO also faces charges of falsely certifying financial reports and of lying to auditors. Two other executives have pleaded guilty and are reportedly cooperating with the government.

The allegations at Vitesse marked one of the earliest cases of companies backdating options to buy stocks on days when shares were trading at a low point -- making the options worth more to the employees who were receiving them. A similar case was tossed out of court earlier this year when a federal judge found prosecutorial misconduct in a case involving Broadcom Corp, in Irvine.

Continue reading "Investment fraud charges in Los Angeles federal court require experienced defense" »

An elementary school teacher is facing child pornography charges in Los Angeles, the Times reported.

Such charges can be devastating. Job loss, loss of reputation and the estrangement of friends and family frequently result. More than many other types of charges, you are deemed guilty until proven innocent and a Los Angeles criminal defense attorney will need to move aggressively on all fronts in the fight for your freedom and your reputation.

Additionally, the consequences of sex-offender registration can haunt you for years to come, requiring that you register with authorities or face additional legal problems, and in some cases even requiring that your neighbors be individually notified of your presence in the community.

In this case, the 53-year-old Carson elementary teacher is accused of posting and distributing pornography over the Internet and has been placed on unpaid leave as he faces the charges in Los Angeles Superior Court.

The advent of the Internet has seen an explosion in such crimes. The U.S. Department of Justice reports that more computer crimes originate in California and Florida than anywhere else in the nation. When it comes to child pornography, there have been documented cases of computer viruses and file-sharing networks being responsible for the presences of illicit images on a computer. Additionally, other users, including teenagers, may have been responsible for images found on a homeowner's computer.

The L.A. Unified's Dominguez Elementary teacher was home when a search warrant was served on his computer. Police say he admitted to downloading and viewing images of child pornography. Police seized several computers and DVDs from the residence.

He is charged with one count of possession of child pornography and one county of child pornography.

A defendant facing charges involving sex crimes in L.A. or the surrounding area should not speak to investigators and should instead seek out the assistance of an experienced defense attorney as soon as possible -- even before charges are filed. Whether the defendant made an admission in this case will be for the court to decide, certainly whatever statement he did make is being characterized by law enforcement as a confession.

Exercising your right to remain silent is a good first step toward building a defense.

Continue reading "School teacher charged with computer crimes, child pornography in Los Angeles" »