Los Angeles Criminal Defense Attorney Blog

Last Monday, 61-year-old Christopher Iruke was sentenced to 15 years in federal prison for designing and executing a Los Angeles Medicare fraud scheme; he leveraged his position as a local pastor to defraud the government. Iruke and his wife, Connie Ikpoh, and Aura Marroquin (an employee) were convicted in August of Los Angeles health care fraud and conspiracy to commit fraud.

Last Monday, US District Judge Terry Hatter sentenced Iruke for his role in the complicated scheme. According to a CNN report, during the 2011 trial, prosecutors presented evidence “that Iruke bought fraudulent prescriptions and documents…to bill Medicare for equipment that were either medically unnecessary or never provided”…for instance, they billed Medicare of about $6,000 for a power wheelchair that actually cost closer to $900.

As Iruke’s situation escalated and became more legally and logistically entangled, he asked his sister to protect him from a Medicare audit by opening two additional medical supply firms. Witnesses told jurors that Iruke and his coconspirators “paid kickbacks to street level marketers to offer Medicare beneficiaries free [devices and equipment] in exchange for the beneficiaries’ Medicare numbers and personal information.” Iruke and his conspirators allegedly leveraged these data as part of their complicated scheme.

Iruke’s case is classic in the sense that what started out as relatively simple and straight forward Los Angeles Medicare fraud escalated and became more complicated. Eventually, all of the complications proved too much, and the scheme collapsed. Unfortunately, individuals who have been tried for crimes like Southern California insurance fraud, Los Angeles credit card fraud, etc., often “dig themselves deeper” once they have gotten into trouble. When you compound your legal woes by committing more fraud and more crime, you vastly complicate the job of your Los Angeles white collar criminal defense attorney and reduce your odds of a successful outcome for your defense.

No matter where you are in the legal process, it’s never too late to begin to get proper and effective legal guidance. Connect with a professional at the Kraut Law Group to explore strategies to protect your legal rights and make the best out of your situation.

If you have been charged with a Southern California white collar crime, like insurance fraud, medical fraud, bribery, etc, you may ultimately have to face a jury trial, depending on an array of factors, including what you allegedly did, how much harm ensued, who was involved, the scope of the scheme, etc.

Jury selections can be a tricky business, however, particularly in high profile cases.

To wit, consider the brouhaha surrounding jury selection for the trial of Michael Jackson’s doctor, Conrad Murray. The Thursday before last, Judge Michael Pastor gathered 160 prospective jurors to see whether attorneys could find candidate jurors to hear Murray’s involuntary manslaughter trial. All 160 prospective jurors had heard about the trial.

Pretty interesting! Although not particularly surprising.

Judge Pastor cautioned the jurors to avoid searching the internet or posting messages outside about the case, as they could face fines as well as jail time for acting in contempt of court. A Los Angeles Times blog post reported that Pastor did not order the jury sequestered. That said, the jury will be “bussed to the court from a secret location each morning, and escorted away every night. Jurors will not be allowed to leave the court house during the day, and will be served lunch at the court.”

Last week, even before the trial began, the ever astute and timely reporters at TMZ.com published information about jurors obtained from questionnaires. Many of the jurors were self-declared Michael Jackson fans, including juror #127, juror #70, juror #44, juror #52, juror #99, juror #38, and juror #108. It’s obviously impossible to tell whether their appreciation for the late pop star’s artistic contributions will disrupt their ability to think clearly and single-mindedly about the allegations against Murray.

The public typically only tunes into the subtleties and nuances (and occasional injustices) of jury trials during big celebrity "trial extravaganzas" like the Murray affair. But if you or someone you care about is facing a criminal charge, such as Southern California medical or chiropractic fraud, Medicaid or Medi-Cal fraud, or some other significant charge, you and your Los Angeles criminal defense attorney will need to strategize very carefully about how to approach every aspect of your legal challenge, including how you select and interact with the jury.

Michael E. Kraut, the Managing Attorney of the Kraut Law Group, has tried over 80 felony trials in his career with an unbelievable 99% success rate at jury trials. He is the recipient of numerous courtroom awards. He lectures to prosecutors and police on criminal investigative techniques, and he enjoys a terrific reputation among prosecutors, judges, and fellow defense attorneys alike as one of the most respected trial attorneys in the city.

Crimes like Los Angeles Medicare, Medical, and Medicaid fraud are serious and scary for defendants. But the details often make for dry, complicated reading.

Readers interested in pulpy, tabloid-like Southern California medical crimes might be more galvanized by an amazing revelation in the trial of Michael Jackson’s erstwhile doctor, Conrad Murray.

According to a report from the UK paper, The Mirror, the transcript of a witness statement “revealed that the doctor [Conrad Murray] stood in front of a lifeless Jacko in the singer's bedroom and claimed: "He doesn’t have a problem. He is fine. He was practicing all night. I am just treating him for dehydration.""

Wow.

The paramedic (Senneff) was the first person on the scene after Jackson’s overdose who was not affiliated in some way with the King of Pop. He “believed the doctor lied to him about what drugs he had given Jacko.” During Murray’s Supreme Court trial here in Los Angeles, the paramedic's words will be parsed very carefully. Prosecutors hope that Senneff’s testimony “will show [that Murray] tried to cover his tracks after giving Jacko the anesthetic propofol.”

Murray allegedly denied to Senneff that Jackson had been taking any medication. In his panic, however, the doc admitted seconds later that he had given Jackson lorazepam for his sleeping troubles.

Two other disturbing snippets from Senneff's testimony:

1) Allegedly, Murray attempted to “clear bottles” from Jackson’s room. What might have been in those bottles? Crazy amounts of medication that the star should never have had access to?

2) Senneff found Murray doing CPR on Jackson on his bed, even after the 911 operators told the doctor to move the King of Pop to the floor for CPR.

Murray’s trial promises to be one of the most watched and commented on of the summer/fall. Michael Jackson’s larger-than-life celebrity profile – and the craziness of the allegations against Murray – will inspire unending chatter in the mainstream media and the blogosphere.

Beyond all the hype, however, the Jackson tragedy and Murray’s charges highlight the fact that there are a lot of people out there who need some kind of help (psychological, medical, legal, etc.) who either don’t have access to help or don’t know how to ask for it.

If you or someone you care about has been charged with a crime in Los Angeles, like Los Angeles insurance fraud, theft crimes in Burbank, or another white collar crime in Southern California, former Senior Deputy District Attorney Michael Kraut can help. Attorney Kraut is an experienced criminal defense lawyer with a great track record at jury trials, a Harvard Law School education, and a deep working understanding of how to build and execute great defenses.

Getting arrested for driving under the influence in Beverly Hills is zero fun.

Contrary to popular perceptions, drivers who violate California Vehicle Code Section 23152(a) or 23152(b) are often acutely remorseful, scared, and dismayed by their actions, even hours after an arrest. And while some DUI defendants certainly “fit the stereotype” many people have, the reality is that defendants are diverse and come from all over the community.

One common thread among Beverly Hills DUI defendants is fear.

Defendants worry about job security, family, the possibility of jail time, the possibility of a license suspension, the logistical inconvenience of having to attend weeks or months of alcohol school, the embarrassment of facing strict probation terms, and so on. And these punishments are very real possibilities, by the way, even if you committed a small, misdemeanor Beverly Hills DUI, and it was your first offense.

But certain choices you make now – after the fact, while you are more rational – can radically change the course of your life. Your decision to work with a reputable, creditable Harvard Law School educated Beverly Hills DUI criminal defense attorney, for instance, might lead to a better outcome than you currently believe is possible.

It is also helpful to look at public DUI news events to see how they play out. As a case in point, consider the San Francisco Forty-Niners’ Braylon Edwards. The wide receiver pled guilty to a DUI in July and got fined $50,000. Under ordinary circumstances, he might have been suspended from playing in the NFL, which could have derailed his career and led to a professional catastrophe. And sports analysts who examined similar cases involving Kenny Britt, Aqib Talib, and Terrelle Pryor, thought Edwards’ situation could have gone either way.

He could have been suspended, but he got lucky.

This goes to show that your case is not entirely within your control. Edwards could have done everything the same but been suspended and he wouldn’t have had any say in the matter.

The important takeaway here is that Beverly Hills DUI defendants need to figure out what they can control and what they can’t control. And then they need to focus on what they can control, such as their choice of attorney. Beverly Hills DUI attorney Michael Kraut, of the Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can put together a powerful and solid defense plan for you, irrespective of the circumstances and complexity of your legal challenges.

Continue reading "Hope after Beverly Hills DUI Arrest? Redemption is Possible – Just Ask the 49-ers’ Braylon Edwards" »

Last week, Moammar Gaddafi’s four-plus decade rein over Libya came to a screeching halt as rebels overtook Green Square in Tripoli.

If you were recently arrested for driving under the influence in Glendale, you probably weren’t paying much attention. You were probably focused more on the imminent crises in your life – potential jail time, license suspension, mandatory installation of interlock ignition device, and other problems that you could face if you are ultimately convicted of Glendale DUI.

Maybe you made a mistake, ignoring the news.

Maybe you should have been paying attention to Libya – and not just to have something to chat about with coworkers while you gather around the water cooler. You see, the rapid and surprising collapse of Gaddafi’s loyalist forces indirectly teaches us a powerful lesson about Glendale DUI defense.

Yes, it sounds like a stretch at first. But stay with this train of thought…

When you read analyses of the drama in Libya, there is a common refrain: “No one saw this coming.” NATO didn’t anticipate it, policymakers didn’t anticipate it, probably even the rebels themselves didn’t anticipate that they would be able to march into Tripoli in such short order. This kind of deer-caught-in-the-headlights reaction is typical during war. Events on the ground often come as a surprise, and war plans disintegrate often immediately after they go into effect.

Now, building a coherent defense against Glendale DUI – to get you unhooked from charges pursuant to California Vehicle Code Sections 23152(a) or 23152(b) – is not exactly like going to a war. But both war and DUI defense involve strategic thinking – and they also involve surprising setbacks and opportunities. Good generals – and good Glendale criminal defense attorneys, too –understand the power of strategic thinking as well as the power of renegotiating, reassessing, and reforming plans in the midst of battle.

For instance, in your case, new evidence might suddenly emerge that could potentially get your charges dropped or at least give prosecutors a much harder time. If you don’t have the strategic focus and flexibility available to take advantage of that development, you might miss out on a key opportunity to reduce your sentence.

Just as the Libyan rebels managed to take advantage of the surprising collapse of Gaddafi’s forces to turn the tide and take down Tripoli, your Glendale DUI defense attorney may potentially leverage surprising developments in your favor. These include sudden revelations of weaknesses in the prosecution’s case and other subtle factors that could transform your options and get you better results than you – or even your attorney – ever expected.

To that end, you want to work with an attorney who thinks like a general – who helps you not only construct the right strategic defense, but also continually reassesses your options in real time. Attorney Michael Kraut of Glendale’s Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) has a unique vantage on Glendale DUI defense law. Attorney Kraut served as a prosecutor for over 14 years. He put DUI defendants behind bars before switching over to become a criminal defense attorney. Since he has “played the game from both sides,” he can help you understand what your prosecutors are planning and counter-plan accordingly.

Continue reading "Your Glendale DUI Defense: How Might the Fall of Gaddafi's Regime Affect It?" »

If you or someone you care about has recently been arrested or indicted for Southern California Medicare fraud, you have company.

As this blog regularly reports, government investigators are cracking down, big time, on entitlement fraud across the country. One of the biggest news stories on this front came out of Chicago last week: 43-year-old Jacinto Gabriel, Jr. was indicted in connection with a $20 million scam to defraud Medicare. Gabriel, Jr. owned a variety of businesses, including Perpetual Home Health, Incorporated and Legacy Home Healthcare Services. He submitted millions of dollars in false claims for services never delivered (or price inflated or medically unnecessary services).

Allegedly, Perpetual Home Health, Inc. – by itself – submitted 14,000 different claims between the middle of 2006 and early 2011 and collected $38 million in payments from Medicare. This made it one of the biggest recipients of Medicare funds in all of Illinois. Gabriel, Jr. allegedly used the money he collected from Medicare to gamble, buy automobiles, purchase real estate at home and abroad, provide kickbacks and gifts to physicians for patient referrals, and more.

One can only speculate about the potential punishments that Gabriel might face, including jail time, a destroyed reputation, massive fines and forced reimbursements to victims and to the government, and other problems.

If you or someone you care about has been charged with a similar kind of Southern California Medicare fraud, Los Angeles insurance fraud, or Southern California white collar crime, you might be extremely fearful of the long jail sentence, massive fines, and destruction of your professional and personal reputation.

The question is: What do you do now?

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Law Group, can help you understand your current reality and face down the challenges heading your way. It’s not resourceful to deny your situation or wait to get help.

The sooner you acknowledge the charges against you -- identify the outcomes you want to avoid and outcomes you want to achieve -- the easier it will be to map out a strategy to get you to where you want to be. Your success or failure can hinge on the quality of your legal representation. Attorney Michael Kraut is an extremely experienced defense attorney – he’s also a very successful former prosecutor, and he taps into his prosecutorial knowledge and relationships to help his clients get the results they need.

If you smoke medical marijuana and get behind the wheel – or drive under the influence of alcohol in Beverly Hills -- you can be charged with a crime pursuant to California Vehicle Code Section 23152(a). Indeed, it doesn’t matter if the marijuana you smoke is legal – even over-the-counter medications or prescription medications taken with a doctor’s order can cause you to violate 23152(a). In the annals of the literature about Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI, you can find hundreds of cases involving people getting arrested for driving after consuming totally illegal drugs.

The question about how to measure drug-induced driving problems has obsessed lawmakers and policymakers for some time. The Colorado Senate last month proposed a bill to set a limit for marijuana blood content. But last Tuesday, the CO Senate Judiciary Committee killed that bill -- House Bill 1261 -- on a voice vote. The Pot DUI Bill would have set a limit for medicinal marijuana drivers – if you had more than 5 nanograms per milliliter of THC in your blood, you would be considered over the legal limit.

A medicinal marijuana advocate, William Breathes, demonstrated that his THC levels remained over that limit -- even after he had slept for a full night and abstained from smoking for 15 hours. An occupational medicine specialist evaluated him at that time and declared him to be “in no way incapacitated.”

Advocates of the Pot DUI Bill, such as Colorado Attorney General John Suthers, were furious that the bill died. Said Suthers: “It is dumbfounding that the Colorado Senate could fail to pass a per se Marijuana bill. There are approximately 125,000 Coloradans authorized by state law to use medical marijuana…The Senate’s vote yesterday exhibited not only a lack of concern for the safety of Colorado drivers and pedestrians, but also an inability to lead.”

This policy debate is hugely important, and it's one that’s not likely to go away, especially here in California, where more and more citizens over the past decade have been using medicinal marijuana to treat problems like glaucoma, chronic pain, and depression and anxiety. If you’ve been arrested for a drug-related DUI in Beverly Hills, a Los Angeles Criminal Defense Attorney, such as Michael Kraut of Beverly Hills’ Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can provide you with the essential guidance and legal counsel you need.

Mr. Kraut is well regarded by peers and by the media as an expert on the subject of Los Angeles DUI, and he also served for nearly a decade-and-a-half as a prosecutor of drug and alcohol crimes.

Southern California medical care fraud analysts have been wrapped up debating the massive October bust of a Medicare fraud ring allegedly tied to the Armenian mafia. But a breaking story out of Kansas has siphoned off a lot of media attention.

Wayne W. Williamson, 67, an Olathe Kansas ex-physician, was sentenced last Monday to a three year federal jail sentence for distributing prescription drugs illegally and committing healthcare fraud. Williamson pled guilty in July to medical fraud and to harassing a Kansas medical investigator. White collar crime prosecutors said that Williamson used to go into apartment complex parking lots and sell drugs out of his car – drugs like Percocet, Xanax, and OxyContin. One “client” allegedly paid the doctor for $150 for prescriptions of Oxycodone. The client then resold those pills on the black market for $30 each to make a profit. The man testified to making several transactions with the former doctor over two years. Williamson also billed Medicare and Medicaid for non-existing services. The court ordered him to pay restitution of nearly $3,000. Williamson also surrendered his medical license and agreed to never practice medicine in the U.S. again.

Southern California healthcare fraud is an immensely complicated crime. Depending on what you allegedly did, how you did it, and various other factors, you can face charges pursuant to many different laws. For instance, Labor Code Section 3700, Penal Code Section 118, Penal Code Section 550, and Insurance Code Section 1871.4 could be applicable. If convicted, you can face jail time, loss of your license, strict probation terms, major court costs and fines, and mandatory restitution to providers like Medi-Cal, Medicare, or insurance companies.

Law enforcement agents are familiar with myriad “varieties” of Southern California insurance fraud, white collar crime, and healthcare fraud. For instance, if you made up medical records, billed providers like Medi-Cal or Medicare for services that you never rendered, prescribed medicines that were not necessary, or “double billed” or offered excessive and unnecessary procedures, prosecutors can go after you.

Given how complicated these charges can be, it’s important to have a savvy and experienced Southern California medical care fraud attorney on your side, like Los Angeles Criminal Defense Attorney Michael Kraut.

Continue reading "Kansas Doctor Sentenced to Three Years in Federal Prison for Fraud; Los Angeles Medical Fraud Analysts Examine Case" »

Celebutante Paris Hilton's 2006 Los Angeles DUI made headlines around the globe. The billionaire heiress was sentenced to 45 days behind bars for violating her probation, and she served her jail time on June 3, 2007 – just after she finished attending the MTV Movie Awards. Her subsequent release on June 26, 2007 attracted hoards of paparazzi and other star watchers and turned her Los Angeles DUI event into one of the stories of the year.

Although Ms. Hilton attempted rehabilitation, this summer has been pretty rough for her. During the World Cup in South Africa, Hilton got detained by local authorities for allegedly possessing marijuana – she was later exculpated when authorities discovered that another person in her coterie had been smoking. More recently – on August 27th – Hilton got busted for cocaine possession in Las Vegas near the Wynn Casino. Paris had been a passenger in a Cadillac Escalade driven by her boyfriend, Cy Waits, who got pulled over by the police. As Hilton waited, she removed lip balm from her purse, revealing a small but not insignificant amount of cocaine right in front of the officer. Hilton was booked for cocaine possession at the Clark County Detention Center and released the next day. Her boyfriend, Waits, got charged with driving under the influence of drugs and/or alcohol (allegedly marijuana).

According to California Vehicle Code section 23152 (a), if you drive under the influence of drugs or alcohol in Burbank (or wherever in California), you can be charged with a significant crime. The drugs can be illegal – e.g. cocaine or marijuana – or even over-the-counter prescription drugs. Although an officer will not likely give you a breathalyzer test for a Burbank DUI drug case, you may be asked to submit a urine or blood sample to be chemically analyzed.

Although all Los Angeles DUI drug cases are serious – and penalties can include everything from jail time to mandatory drug and alcohol classes to suspension of driving privileges – a qualified and experienced Southern California DUI attorney can often break down the prosecution's case against you. For instance, the so-called science used to identify someone as under the influence of drugs can be attacked using a number of different strategies and tactics.

Continue reading "Another Los Angeles DUI Bust for Paris Hilton? Not Quite – This Time It's Cocaine in Vegas" »

Most Southern California DUI cases involve simple roadside stops or failures at sobriety checkpoints. These stops tend to be no-drama affairs -- perhaps involving someone driving under the influence in Burbank with a BAC of 0.09% following a night out at a bar in the town center.

But every once in a while, truly bizarre DUI arrests occur. The website TruTV.com recently put up an amusing catalog of notoriously strange DUI arrests. These include:

o Afredo Martinez of Reno, who allowed his 7-year old son to get behind the wheel;
o Tina Williams, who continued to drink beer in front of the police while being questioned about driving DUI -- all while a 16-month year old infant was in her car!
o Lynn Bailey, who got pulled over in Florida while wearing a shirt that read “I’m Not an Alcoholic. I’m a Drunk. Alcoholics go to meetings.”
o A Reno woman named April Westfall, who had been driving around with six feet of gas station hose sticking out of her tank when she got pulled over for suspicion of DUI.

Other bizarre stories of Southern California DUI (and DUI elsewhere in the US) include:

o A husband who pulled over his own wife for DUI;
o A father jacked up on cocaine who allowed a 10-year old boy to drive his vehicle -- the 10-year-old crashed the car at over 100 miles per hour;
o A woman named Terri Comer, who passed out behind the wheel of her Toyota with a BAC of a mind-boggling 0.72% (9 times the legal limit for a Southern California DUI) -- right next to a flashing road sign lit up with the words “don’t drink and drive.”

As amusing as these accounts of bizarre arrests may be, they demonstrate just how helpless many drivers are to control themselves and their behavior. When someone drives under the influence in Beverly Hills or Glendale, that person puts others at risk. What’s more, punishments for DUI with injury can be far more severe.

Consider that most DUI stops lead to charges under either California Vehicle Code Section 23152(a) or 23152(b) but that DUI injury is charged under two separate statutes, 23153(a) and 23153(b). These other statutes stipulate that standard misdemeanor DUI charges can be inflated to felony counts if a DUI driver hurts another person. The severe punishments could entail lengthy prison sentences, forced restitution to a victim (or a victim’s family), major court fines, loss of a right to vote, loss of a job, and so on.

That said, just because someone drives DUI in Glendale and gets into an injury accident doesn’t necessarily mean that he or she will be charged under 23153(a) or 23153(b). To make a case, prosecutors must show that the driver violated a traffic law or in some other way behaved with negligence -- and that this behavior caused an accident, which in turn caused an injury. In other words, say you were DUI in Glendale and you hit another car, causing injury. If the other driver was solely responsible for the accident -- for instance, if his vehicle suddenly swerved into your lane -- you likely will not be hit with the tougher charges, although you likely will still face charges under 23152(a) and/or 23152(b).

Continue reading "Completely Bizarre Southern California DUI Stories (and stories from elsewhere in the U.S.)" »

California Vehicle Code Section 23152(b) stipulates that anyone who drives a motor vehicle with a blood alcohol concentration (BAC) in excess of 0.08 percent is considered in violation of the law and can be arrested for Southern California DUI.

If you're convicted, you can go to jail, be forced to pay exorbitant fees and court costs, lose your California driver’s license for a whole year, be forced to install and maintain an interlock ignition device, and face other punishments as well as strict probation terms.

While 0.08 percent is a statewide standard, the rules are different -- and stricter -- for drivers under the age of 21 years. According to Section 23140 of the California Vehicle Code, anyone under 21 years who drives with a BAC of 0.05 percent or greater is breaking the law. Police can arrest you, and your license can be suspended for a full year.

The zero tolerance law is even stricter. According to California Vehicle Code Section 23136, anyone under 21 years who has a BAC of just 0.01 percent or greater can be penalized with a one to three year license suspension. A police officer can take away your driver’s license and give it back to the Department of Motor Vehicles.

According to official Los Angeles Police Department figures, as based on the US Department of Transportation’s Fatality Analysis Reporting System, California often leads the nation in the number of road-related traffic fatalities. This is partly due to the fact that the state has so many people and so many cars (and so few public transportation options, at least in Southern California).

Minors often do not realize the potency of the alcohol that they consume -- particularly as it relates to their driving prowess. Drinking alcohol has been shown to slow reaction times, impair concentration, reduce range of vision, and stoke reckless behavior.

Los Angeles DUI and Hollywood DUI crashes involving young people can lead to awful catastrophes -- affecting not only the lives of promising students, athletes, and citizens, but also the lives of other people in the community.

Myriad rules govern driving restrictions on minors. As we’ve discussed, CVC Sections 23136, 23140, 23152 can all be relevant, depending on the details of your Beverly Hills DUI charge. It makes sense to seek advice from a highly regarded, experienced Los Angeles DUI trial attorney.

Continue reading " Los Angeles DUI Rules for Drivers Under the Age of Twenty-One" »

No one wants to be arrested for Southern California DUI, and no one wants to be involved in an injury crash with a driver who has been under the influence. But just how much of a problem is, for instance, driving under the influence in Beverly Hills or elsewhere in the state? Has anyone quantified the dangers? And if so, what might the data tell us about how to solve this society-wide problem – or at least build towards a long-term resolution of it?

Before we start thinking in grand terms and trying to diagnose a solution for the system, take a gander at the following 12 statistics about driving under the influence in Southern California:

1) Of the car accidents in the United States that result in teen deaths, 60% involve alcohol or drugs.
2) Kids drink. Nearly three out of four teenagers in the United States have drunk alcohol; 10% of kids aged 12 to 13 drink alcohol at least once every month.
3) In the United States, nearly three people die an hour in alcohol related car, truck, and motorcycle accidents.
4) Teenage boys who drive with BAC levels ranging from 0.05% to 0.10% are nearly 20 times more likely to get into a car crash than are teenage boys who drive sober.
5) Teenage girls who drive within that BAC range are more than 50 times more likely than sober teenage girls to get into a motor vehicle accident.
6) According to various surveys, somewhere between 10% and 12% of all drivers on US roads has consumed some alcohol.
7) One survey suggests that someone with a BAC level of 0.15% (nearly twice California’s legal limit) is nearly 400 times more likely to be killed in a crash than a sober driver.
8) In 2008, there were 3,434 fatalities on California’s roads, of which 1,198 were alcohol related. Of these, 1,029 involved drivers who were driving above the legal limit of 0.08%.
9) 2008’s numbers are actually BETTER than numbers in the past. For instance, in 1987, California’s roads saw 5,504 fatalities, of which 2,961 were alcohol related and 2,354 involved drivers who were driving with a BAC of 0.08% or higher. (These stats come from the National Highway Traffic Safety Administration).
10) DUI arrests have dropped nearly 50% since the CA State Legislature enacted a law in 1990 that stipulated that the legal limit for BAC would be 0.08%.
11) But Southern California DUI arrests may be on the increase. In 2006, for instance, 197,248 people were arrested for DUI in the state; in 2007, 203,866 people were arrested for DUI.
12) Anecdotal and statistical evidence suggests that the quality of your DUI defense attorney can make a major difference in terms of your sentencing.

If you or a family member has been charged with driving under the influence in Hollywood or elsewhere in Southern California, the choice of your attorney can be incredibly important in terms of your future and finances.

Continue reading "12 Scary Statistics about Southern California DUI" »

Starting in 2010, any driver convicted of a Los Angeles DUI will be required by law to install an interlock ignition device (IID) in his or her vehicle. The new law is part of an ambitious pilot program being tested in seven different California counties, including Los Angeles and Tulare (in Northern CA). It will remain in effect until at least January 1, 2016, at which time lawmakers can reevaluate the program and determine whether to continue, expand, or terminate it. The legislation stipulates that first-time offenders must keep an IID in their cars for five months minimum; furthermore, past DUI offenders may obtain a restricted driver's license -- provided that they agree to install IIDs in their vehicles.

The IID is a Breathalyzer-like device that prevents a vehicle from starting unless a driver blows a clean 0.00% BAC reading.

In addition to changing Southern California DUI rules, the California Legislature passed a slew of other laws which also went into effect on January 1, including:

Move Over, Slow Down expanded -- Drivers must slow down or change lanes when approaching emergency vehicles (such as Caltrans vehicles with flashing amber warning lights) or face stiffer punishments.

Assembly Bill 62 -- Californians may now install TV/DVD monitors in front seats of vehicles, provided that drivers cannot see the TV/DVD screens while operating their vehicles.

Paparazzi crack down -- Pursuant to complaints from Jennifer Aniston and other celebrities about aggressive paparazzi tactics, CA lawmakers passed a bill that imposes extremely steep penalties ($50,000+) on paparazzi who improperly obtain photos of celebs (for instance, by running red lights or committing other traffic infractions).

Seat-free Bicycles Now Allowed on Freeways -- Lawmakers eliminated a law that had banned the operation of seatless bikes on state freeways.

The implications of the changes to these laws -- particularly the ones pertaining to Los Angeles DUI and interlock ignition devices -- will no doubt be profound and far-reaching.

Do you or a loved one or family member need help battling charges of driving under the influence in Los Angeles?

Continue reading "Major Changes to Los Angeles DUI Laws Go into Effect: First Time Offenders Must Now Install Interlock Ignition Devices" »

Michael Douglas' son, Cameron Douglas, was in a Federal courthouse when his girlfriend attempted to smuggle drugs to the actor's son. This past Monday Kelly Sott visited her boyfriend at the courthouse. During the visit she was caught trying to smuggle the young Douglas heroin. As soon as she was caught for her drug crime, she should have immediately hired a Los Angeles drug crime defense attorney. One of the most important things that can happen when an arrest or an investigation begins is to hire a pre-filing defense attorney that can represent a suspect early on in the proceedings.

Cameron Douglas was in the court facing Federal charges for a meth bust. Sott was arrested when she attempted to pass him an electric toothbrush filled with dime bags of the deadly drug.

In California, as in most states, it is illegal to pass a narcotics to a prisoner. The result, prison for the convicted felon.

Continue reading " Michael Douglas' Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles" »

The Los Angeles Police Department is spearheading the investigation into the pop star's death. Recent leaks in the investigation have pointed into the direction of repeated overdosing of Michael Jackson by his many close physicians. However, the focus of the investigation seems to be pointing to Jackson's personal physician, Dr. Conrad Murry.

On Wednesday, July 21, 2009, The Drug Enforcement Administration raided Dr. Murry's Houston office. Armed with a search warrant, they entered the office and took numerous items. Accompanying the DEA were Los Angeles Police Department detectives assigned to the Jackson Investigation. Murry was with the singer at the time of his death.

Because of the scope and extensiveness of the Los Angeles investigation, it would be wise for Dr. Murry, or any other medical professional to immediately contact a Los Angeles Pre-filing criminal Defense Attorney. The skills of a former Los Angeles criminal prosecutor can be very helpful to anyone under investigation. Los Angeles criminal defense attorneys who are former prosecutors often have conducted similar investigations and know how best to protect the suspect from further harm.

Continue reading "Michael Jackson's Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant" »

United States Attorney General Eric Holder announced that Federal law enforcement will no longer target medical marijuana dispensaries in California that operate legally. That means that Los Angeles and Southern California medical marijuana defense attorneys will have an upper edge. For the first time in the history of the United States, Federal laws are no longer going to be used to prosecute a drug crime. President Obama announced during his campaign that medical marijuana prosecutions would no longer be a priority under his administration.

The new policy has a direct effect on the 13 states that have legalized marijuana laws. Of those 13, only California allows for medical marijuana dispensaries operate legally. Until now, the Feds have not acknowledged the existence of Proposition 215 enacted by the citizens of California in 1996. Also called the Compassionate Use Act, Prop 215, allows for those with a medical need to have a doctor "recommend" the use of marijuana to relieve symptoms.

Under the newly announced policy, the Federal Government will no longer target those individuals that do not violate state laws on marijuana. In order for a dispensary to be legal under California law, and thus immune from Federal prosecution, they must comply with the California Attorney General August, 2008, announcement of compliance as well as other laws.

A dispensary must seek guidance from a Los Angeles based medical marijuana criminal defense attorney in order to make sure that they are not violate the law. If the dispensary can operate legally, then the Feds will leave them alone.

California Attorney General Jerry Brown's position is that a medical marijuana dispensary must operate as a nonprofit cooperative. That means the marijuana must be grown by cooperative members to be sold without a profit to other cooperative members. Those members must all have a medical necessity for marijuana to treat their symptoms. The member must have a valid recommendation from a duly licensed doctor. The dispensary must be both licensed and pay taxes on its sales as well as provide security for the facility. There are dozens of other requirements that must be put in place prior to a person opening a legal dispensary.

Continue reading "United States Attorney General Announces New Committment To Avoid Prosecuting Medical Marijuana Dispensaries Who Operate Legally in Los Angeles and California" »

The Los Angeles based psychiatrist for Anna Nicole Smith surrendered herself to the Los Angeles Police Department on March 16, 2009, to face felony charges. Khristine Eroshevich, 61, turned herself in at the Van Nuys jail early in the morning in an attempt to avoid the press. He bail was set at $20,000.

Ana Nicole Smith's psychiatrist was not the only person charged by local authorities. Smith's boyfriend and former attorney, Howard Stern, as well as another of the celebrity's doctors, Sandeep Kapoor, were charged with unlawfully prescribing a controlled substance and conspiracy to commit the crime of prescribing, administering and dispensing controlled substances to an addict. The charges were filed by both the Los Angeles District Attorney's Office and the Office of the California Attorney General. Now that they are all similarly charged, it is important for the three of them to hire a Los Angeles drug crime attorney who handles Southern California drug crimes.

The doctors were also charged with obtaining a prescription by giving a false name or address and doing so by fraud, deceit or misrepresentation. These charges stem from the use of a false name on the prescription in violation of California law. Their Southern California criminal defense attorneys claim that they used a false name in order to protect Ms. Smith from the media.

Stern and Kapoor both turned them themselves in earlier and all three are expected to be arraigned on May 13, 2009. Both of of the crimes are considered moral turpitude crimes, ie: showing poor moral character, all they stand to loose their professional licensees.

Continue reading "Los Angeles Celebrity Anna Nicole Smith's Lawyer and Two Doctors charged With Southern California Drug Crimes" »

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor's recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Continue reading "Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?" »

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

As a former prosecutor, Los Angeles criminal defense attorney Michael Kraut, handles criminal matters in the Los Angeles and throughout Southern California. His Harvard Law School training and over 14 years experience as a senior trial prosecutor has put Mr. Kraut in a unique position to defend individuals arrested and charged with Los Angeles based crimes.

If you have been arrested or charged with a crime and or you need to hire a Los Angeles pre-filing defense attorney or you are under investigation for violent crime in Southern California, please contact Los Angeles criminal defense attorney Michael Kraut for 24/7 assistance by phone at (323) 464-6453 or toll free at (888) 334-6344 or online.

In a shift from a decade ago, violent crime in Los Angeles has declined for 6 straight years. Police in this Southern California city are thankful in the decrease. Others worry that the decline will reversed due to the failing economy.

Los Angeles homicides decreased about 5% from the previous year. While that number is not that impressive, the total total drop of 27% in 5 years. Law enforcement claim that the decrease is due to the severe push in gang eradication.

Violent crime has also dropped for other Southern California cities. San Diego saw a slight down turn, while San Bernardino had a 7% decrease, and Orange County also saw a drop in violent crimes

Continue reading "Violent crime down in Los Angeles and Southern California in 2008" »