Los Angeles Criminal Defense Attorney Blog

Driving under the influence in Southern California is -- in and of itself -- an extremely dangerous and perhaps even deadly thing to do. But a Mill Valley man by the name of Scott Lindner has been arrested not only for Southern California DUI but also for allegedly assaulting a female passenger while smashing his 2010 Honda Accord into a variety of objects during what can only be described as a DUI rampage.

The couple had been arguing at Marin County’s Olema Campground, when they got into Lindner’s 2010 Accord. The 22-year-old Lindner crashed his car into a parked truck and then slammed into a metal pole (part of a propane tank enclosure), causing his 20-year-old female passenger to get thrown from the car and suffer injuries. For whatever reason, the woman got back into the car with Lindner, and they peeled off down Highway 1. Throughout an 8-mile drive, Lindner continued to hit his passenger, hurting her more. His rampage finished at Sir Francis Drake Boulevard, when the Accord plowed into a curb and came to a stop blocking the eastbound lane of traffic. CHP officers quickly arrived and arrested Lindner for felony traffic charges. Lindner’s passenger was taken to a nearby hospital. Investigating officers found that Lindner had been on parole with the State’s Department of Corrections, and the CHP released a statement that said the Lindner was back on parole hold.

This disturbing case gives us an opportunity to discuss the difference between a “standard” non-injury Los Angeles DUI and an injury DUI. A non-injury charge might be prosecuted pursuant to California Vehicle Code Sections 23152(a) and 23152(b); but an injury Pasadena DUI will be charged according to two different sections, California Vehicle Code Sections 23153(a) and 23153(b).

Essentially, the injury subsections of the CVC stipulate that an ordinary misdemeanor DUI charge can be elevated to a felony if the driver hurts another person in the course of operating a vehicle while DUI. A felony is a much more serious charge than a misdemeanor. It carries stricter penalties. Convicted felons lose the right to vote and face a much more difficult road back to normalcy. Felons have a harder time securing loans, leasing cars and apartments, getting jobs and generally readapting to life after the conviction.

So if you have been charged with an injury DUI in Glendale or elsewhere throughout the Southland, it’s in your interest to explore your options for best legal defense.

Continue reading " Disturbing Southern California DUI Charge – Suspect Beat His Girlfriend While on DUI Rampage " »

Actor Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most notorious celebrity DUI arrest in history. The Australian actor allegedly went off on an anti-Semitic rant at the Malibu police station when he was brought in, and this tirade fueled weeks of media coverage. On August 16, Gibson made headlines once again for getting into motor vehicle related trouble in Malibu – this time, he drove his Maserati Quattroporte off a hillside in Malibu and dinged up his car. The police called to the scene found that the actor was not DUI in Southern California this time.

Gibson may face allegations that he hit and abused his ex-girlfriend (and mother of his child) Oksana Grigorieva. A series of taped conversations between Grigorieva and Gibson released on the website RadarOnline.com revealed the actor to sound like a deranged lunatic, in which he apparently admitted to hitting his girlfriend, and he threatened to burn her house down (among other unsavory things). Clearly, in the wake of the release of these obscenity laced tapes and this fresh reminder of his 2006 Los Angeles DUI, Gibson is not exactly having a blockbuster summer.

But his story does lead us to an intriguing question: what happens to a driver who is pulled over multiple times for driving under the influence in Southern California? Obviously, your penalties likely go up. But what influences those penalties, and what should a second or third time Los Angeles DUI offender expect?

First of all, you have to remember that if you are pulled over for driving under the influence in Glendale (for instance) several times, the court will take a slate of factors under consideration, including how and whether you cooperated with the police, how much over the legal limit of 0.08% your BAC was, and whether you hurt anyone or did any property damage – and if you did, whether you took responsibility or fled the scene (hit and run). Beyond that, a typical second time Southern California DUI offender will get jail time of between 4 and 10 days (first timers will get a mandatory 48 hours in custody), 18 months minimum DUI alcohol school (first timers will get maybe six weeks), a two-year driver’s license suspension (first timers will get a one year suspension), and an increase in court costs and fines – among other heightened penalties.

A third time offender will get a mandatory minimum of 120 days custody – that’s around four months. He or she will face a three-year license suspension and see even more significant hikes in court costs and fines. And again, this is really just scratching the surface – the circumstances of your Pasadena DUI will almost certainly inform your punishment. Another important factor will be the nature and strength of your defense. And since you can’t really control the court – or what happened with your DUI arrest – your best strategy is to work with an experienced DUI lawyer to cultivate and execute your best possible legal defense.

Continue reading " Another Mel Gibson Los Angeles DUI? Not Quite, But Still – More Bad Press for the Braveheart Star " »

Mary Delgado, a former contestant on the TV show The Bachelor, was arrested in Tampa on August 12th for DUI, after police pulled her over for having a broken headlight. Southern California DUI blogs and celebrity gossip sites immediately went to work speculating on Delgado’s situation. The 42-year-old former cheerleader for the Tampa Bay Buccaneers starred on two seasons of The Bachelor – 2003 and 2004 -- and eventually got proposed to by the 2004 Bachelor, Byron Velvick. Three years later she got arrested on charges of battery after she allegedly punched Velvick in the face. The two split ways shortly after the arrest. They never married.

According to police reports, Tampa police pulled over the former contestant around 12:45 A.M. for the headlight violation and noticed that she had bloodshot eyes and that there was an odor of alcohol coming from her car. She admitted to the police officer that she had had one and half glasses of wine before getting behind the wheel. Officers subjected her to field sobriety tests, which she alleged failed. Per a report from RadarOnline, Delgado “swayed from side-to-side, failed to touch her finger to her nose… and couldn’t walk… in a straight line.” She refused the breathalyzer test after being arrested and secured her release after making a $500 bail.

Whether you get pulled over for driving under the influence in Hollywood or DUI in Burbank or anywhere else in the Southland region, police officers will likely look for signs and symptoms that you are under the influence. This investigation isn’t particularly scientific – it’s usually based on intuition. Officers will look for signs such as:

• Odor of alcohol on you
• Lack of coordination
• Lack of balance
• Stumbling and mumbling
• Making up stories to police or contradicting yourself
• Containers of alcohol in your car
• Slurred speech
• Inappropriate emotional reactions (getting too angry, getting too giddy, etc)
• Inability to clearly say where you’ve been

Now, you don’t need to be a Los Angeles DUI expert to suspect that if a person exhibits all of these symptoms (or more), that they would be likely candidates for arrest. However, it’s important to probe deeper. After all, think about what happens if/when you get pulled over by the police. Your heart rate goes up, you get nervous and agitated, and you go through all sorts of other emotional and physiological changes that move you out of being “normal” and into hypersensitive state. So even a totally sober person might get tongue tied, might slur speech, might make up contradictory stories, and so forth. And if you are pulled over at night, when you are fatigued, these things can be compounded. Plus, there is a variation with people. Some people naturally slur their speech. Some people may have bloodshot eyes from smoking cigarettes or from being out late at night. And on and on.

So this whole “one size fits all” thinking can actually be damaging, and it can result in people who are not actually under the influence getting arrested and charged with DUI in Beverly Hills.

If you feel like you were incorrectly arrested, consult with a creditable and experienced Southern California DUI lawyer. After all, if you don’t put up a strong defense, you could face severe penalties, including a loss of your license, jail time, huge court fees and fines, probation, forced alcohol school, and more.

Continue reading " Celebrity Los Angeles DUI Bloggers Buzz about Former Bachelor Contestant's Arrest in Tampa " »

Last week, two former operators of a Miami Clinic pled guilty in Federal Court to multiple counts of submitting false claims, committing fraud, and paying kickbacks, prompting a wide ranging discussion among Southern California medical fraud policy wonks.

Jose Nogueira and his brother Rolando Nogueira operated a clinic for AIDS patients called T&R Rehabilitation Professional Corp. They allegedly bilked the government for services that they didn’t provide – particularly expensive HIV infusion services. In April, the government handed down an indictment against the brothers, and they fled the U.S. But the long arm of the law caught up with them. They got apprehended and brought back to Miami for trial for Medicare fraud amounting to over $13.7 million. A sentencing hearing has been scheduled for the 5th of November, and each brother faces a maximum of 40 years in prison for the multiple counts.

Los Angeles Medicare fraud, insurance fraud, credit card fraud, and other white collar crimes can result in massive jail sentences, steep fines, and other grievous penalties. Southern California healthcare fraud is charged according to Insurance Code Section 1871.4 as well as Penal Code section 550. Healthcare employers can also be charged under Labor Code section 3700 and Penal Code section 818. If you are convicted of Southern California healthcare fraud, you can face jail time, loss of your medical license, major court costs and fines, and forced restitution to insurers or Medicaid or Medi-cal.

There is also often a delay between the initiation of an investigation (e.g. search warrants, etc.) and the filing of charges due to the complexity of Los Angeles white collar crime cases.

What exactly constitutes healthcare fraud? A variety of offences fall into this category, including prescribing medications that are unnecessary or unneeded (like the HIV infusions mentioned above), falsifying or doctoring medical records, billing insurers or Medicare for care that was never provided or not needed, double billing, and requiring patients to undergo tests or procedures that are not medically necessary.

What should you do if you or a loved one faces charges of Los Angeles healthcare fraud? In short, you likely need to retain an attorney ASAP to advise you as to your best strategy. Michael Kraut of Los Angeles’ Kraut Law Group can assist. Attorney Kraut is a Harvard Law School educated former D.A. for Los Angeles with an excellent track record. He has been featured as a legal expert on KTLA Channel 5, the New York Times, ABC News, CBS Evening News, and CNN.

Los Angeles medical fraud analysts are closely following a breaking story out of Tampa that may have broader implications for white collar crime prosecution. The Hillsborough County Sheriff’s office staged a raid on a local medical rehabilitation clinic on July 16th and arrested four people in conjunction with an alleged scam to bilk insurers by staging fake car crashes.

The four people busted – Jacqueline Rosales, Sugeidi Serrano, Juan Martinez, and Ernie Azucey -- will face charges of managing a racketeering influenced corrupt organization – a.k.a, a RICO. Essentially, according to reports, the individuals staged car crashes and then submitted claims to insurance companies for non-existent damage and medical bills.

If you or a loved one faces a similar charge of Southern California white collar crime, you may have a difficult time formulating an effective defense. After all, charges of Los Angeles insurance fraud, Southern California credit card fraud, racketeering, and medical fraud of any kind tend to be multifaceted, dynamic, and extremely complicated. Unless your attorney has experience dealing specifically with your kind of case, you may struggle to be able to come up with an appropriate response to the charges. In short, you could face jail time and other unpleasant punishments.

To construct a better defense, look to attorney Michael Kraut of the Kraut Law Group for an immediate consultation. Attorney Kraut served for years as a prosecutor of Southern California white collar criminal cases, and he is also Harvard Law School trained. His track record speaks for itself, and he is smart and sympathetic – someone who will compassionately listen to your side and help you craft a strategically focused legal defense.