Los Angeles Criminal Defense Attorney Blog

Most Southern California DUI news stories and blog posts report only on the latest headlines. But sometimes the most important stories percolate for weeks without getting due attention. To that end, let’s examine relevant developments that could impact your driving and your safety.

1. CHP will serve over 6,000 warrants for individuals who’ve ignored DUI court appearances.

According to official sources, the California Highway Patrol is going to serve 6,000 warrants for drivers who were caught driving under the influence in Southern California and elsewhere throughout the state who did not show up for court appearances. These warrants should be out by September 30th. Individuals who have outstanding warrants can turn themselves in. Celebrities are not exempt from this hunt. As this blog reported, Jani Lane, former lead singer of the band Warrant, was issued a warrant last month for failing to show up to a Los Angeles DUI hearing.

2. Increase in traffic fines may be impacting Southern California road safety.

On January 1st, 2009, the California legislature passed a law that increased fines for traffic infractions by up to 150%. The revenues from these fines have paid for construction of new courthouses. The imposition of higher fines should theoretically deter bad driving, but it is uncertain whether the deterrent works. More studies need to be done to demonstrate a clear cause and effect relationship.

3. Mandatory Interlock Ignition Device program for first time Los Angeles DUI offenders is moving forward.

As regular readers of this blog may know, as of in January 2010, first time DUI offenders may be forced to install Interlock Ignition Devices in their vehicles as part of a pilot program to deter recidivism. The IID is a breathalyzer-like device that prevents you from turning on your car unless you blow into it and blow a “clean” reading (BAC = 0.00%).

In addition to the mandatory IID installation, first time offenders can face other undesirable penalties for driving under the influence in Southern California such as:

• Mandatory two days (48 hours) behind bars
• Strict terms of probation
• Mandatory alcohol school
• California drivers license suspension for a full year
• Potential elevation of the misdemeanor charge to a felony in the event of an injury DUI
• Fine of $1,000
• Court costs (often way in excess of $1,000)
• Unquantifiable anguish, frustration, and lost time dealing with the arrest, and the direct and indirect consequences of the arrest

4. Former DUI prosecutor now available to help Los Angeles DUI defendants.

Continue reading "Southern California DUI News Updates – Quick Reports on Stuff You Should Know" »

For years, we have been treated to a media spectacle: a seemingly endless parade of celebrity Los Angeles DUI violators apologizing to us on TV, on radio, and in print. Although Tiger Woods’ mea culpa last Friday had nothing to do directly with the string of celebrity DUIs that have graced our tabloids recently, his apology is in many ways one-of-a-piece with other celebrity self-flagellations we’ve collectively endured.

What is behind the following cycle?

#1. A celebrity does something obviously wrong. (From Nick Nolte to Mel Gibson to Lindsay Lohan to Stephanie Pratt, that “something” has been a Los Angeles DUI. For Tiger Woods, it was a string of infidelities.)

#2. Deny the wrongdoing or diminish it somehow.

#3. When the evidence becomes so overwhelming that the celebrity cannot get out from the glare of the spotlight, capitulate and make public amends.

#4. The public grants absolution (or not), and the celebrity gets off the hook (or not).

#5. The public gets distracted by the next celebrity crime/gaffe/outrageous statement.

If Tiger Woods’ infidelities and celebrity Los Angeles DUI events were victimless crimes, this cycle would be nothing more than frivolous theater for the masses. But real people can and do get hurt. In Tiger’s case, no one was actually physically injured. But in cases of celebrity hit and run accidents, for instance, people and property get damaged.

Moreover, when we see authority figures (celebrities, politicians, athletes) behaving badly, it gives other people a kind of permission to behave badly as well, indirectly.

So how can we solve the seemingly intractable problem of celebrities behaving badly -- committing public infidelities, lying to confidantes and to the public, and driving under the influence in Hollywood and elsewhere in Los Angeles?

Obviously, this blog cannot on its own solve the mess. But what we can do is to sketch out the law a little clearer, so that people can understand it and abide by it better.

Two key laws are found in the California Vehicle Code Section 23152(a) and 23152(b). According to 23152(a), if the Southern California police stop you while you are driving DUI or under the influence of drugs, you can be arrested and charged with a misdemeanor or felony. If you wind up convicted of this crime, you can lose your California drivers license, be forced to pay significant fines and court costs, get points on your DMV record, and suffer all sorts of indirect consequences from the arrest and conviction.

23152(b) defines the legal limit for blood alcohol concentration at 0.08%. In other words, if you drive with this BAC or higher, you can be arrested and convicted for driving under the influence.

Building a stout defense to charges of driving under the influence in Beverly Hills or anywhere else in Southern California can challenge even veteran attorneys. The law is complex, and prosecutors tend to come down hard on DUI offenders -- even first time offenders. Fortunately, a good attorney can make a real difference.

Continue reading "Celebrity Los Angeles DUI Arrests and Tiger Woods: The Art of The Public Apology" »

In last Sunday's New York Times, writer Ryan Gabrielson reported that Southern California DUI checkpoints often spell serious trouble for unlicensed motorists. In 2009, nearly 24,000 cars were seized at Southern California DUI checkpoints -- netting around $40 million for the state in fines, towing fees, and other costs. Each impounding can run up to $4,000 or more -- usually much more than many motorists can afford to pay.

Times readers reacted passionately to the story. Some readers argued that the impounding is useful and fair. Others argued that the practice victimizes the poorest people in Southern California and constitutes what's in essence an extra tax on unlicensed drivers.

Those in favor of the police actions argued that uninsured motorists/unlicensed drivers often cause havoc on Southern California roadways. If one of these drivers hits another vehicle and then flees the scene, the driver who got hit (and possibly injured) must foot the bill for repairs and medical costs, if his or her insurance company won't help.

On the other hand, the draconian punishments for non-DUI checkpoint offenders may distract police from their primary mission of stopping driving under the influence in Burbank (and elsewhere). The practice also seriously hurts people who are just scraping by on the margins of society. Take away these people's vehicles, argues the other side, and they may no longer be able to hold down jobs. Some may even turn to crime to pay the bills.

Obviously, this blog can't resolve such a complex and multifaceted issue. But we can provide some basic information to educate Southern California drivers.

For instance, did you know that if you're pulled over for suspected DUI in Southern California, the police will look for so-called objective symptoms of DUI? These symptoms can include, but are not necessarily limited to:

• Fumbling and stumbling
• Slurred or incoherent speech
• Contradictory stories of where you have been, or what you are doing on the road
• Slow or belligerent responses to officer questions
• Inappropriate emotional reactions to being pulled over
• Smell of alcohol on you
• Blurry, bloodshot, or unusually dilated eyes
• Shifty or slovenly appearance
• Poorly maintained vehicle
• Terrible driving

If you or loved one has been pulled over for driving under the influence in Burbank, it may feel like your world is collapsing around you. Who should you talk to? What might happen to you? What steps should you take to defend yourselves against the charges?

Continue reading "Southern California DUI Checkpoints Used to Nab Unlicensed Drivers: Is This Practice Fair?" »

Celebrity Beverly Hills DUI arrests regularly grace the pages of our tabloid newspapers (see, for instance, DUIs involving Lindsay Lohan, Mel Gibson, Nick Nolte and, most recently, Adrian Pasdar). But the non-celebrities among us do not seem to be faring much better when it comes to avoiding the long arm of the law.

A recent Men’s Health Survey (due to be published in March) finds that 3 of the top 10 “drunkest” cities in United States belong to the Golden State; Riverside, Bakersfield, and Fresno all rank among the “most drunk” cities.

The survey took into account an array of factors. The magazine investigated CDC data re: alcohol liver disease, Southern California DUI fatal car crashes (viz the Fatality Analysis Reporting System), and the total number of DUI arrests (viz the FBI). The magazine even cross-compared DUI punishments to assess the relative drunkenness of metropolises.

Fresno ranked as the worst city; Riverside as the fourth worst city; and Bakersfield as the tenth worst city. Curiously, Boston, Massachusetts was the least drunk city. This may come as a surprise to many people, given that Boston is home to Samuel Adams beer as well as to a plethora of colleges, including Harvard, MIT, Boston University and many, many others.

New York City also got off relatively easy in the survey. Perhaps Boston and NYC fared better because the two East Coast cities have lots of public transportation; thus, maybe there were simply fewer opportunities for DUI driving.

Nevertheless, the Men’s Health Survey serves as a sobering reminder of the perils of Southern California DUI -- for both individuals and for our community.

Practically everyone -- from law enforcement officials to criminal defense attorneys representing Hollywood DUI clients -- agrees that driving and alcohol consumption don’t mix and that we need to better fixes for roadway safety. To move in this direction, we must understand when and how to tell whether a driver is intoxicated.

Beverly Hills DUI officers look for an array of symptoms whenever they pull over a suspected driver. These include but are not limited to:

• Disheveled appearance
• Bizarre or dangerous driving
• Poor motor coordination
• Fumbling with driver’s license and registration
• Incoherent or paradoxical stories of where the person has been
• Slow or inappropriate responses to police questions
• Watery eyes
• Smell of alcohol in the car or on the person
• Other inappropriate demeanor or actions

Crafting an intelligent defense to charges of driving under the influence in Beverly Hills means first and foremost understanding what the law stipulates and how the trial process for DUI typically proceeds.

Continue reading "Concerned about Southern California DUI? You’re not alone: Men’s Health Survey rates three CA cities as “drunkest” in the US." »

Would the public and people suspected of driving under the influence in Burbank, Long Beach, and elsewhere in Southern California be better served if police use more accurate methods to test for blood alcohol concentration (BAC) levels?

The Breathalyzer device has been a law enforcement staple for decades. Most people -- including most police officers and drivers -- assume that Breathalyzer tests used at DUI checkpoints are pretty accurate.

We take it on faith that these tests work at least well enough to determine guilt or innocence for driving under the influence in Southern California. However, unrefuted analyses show that Breathalyzer readings can be riddled with errors. Let’s examine some of the most common sources of error:

1. Calibration problems

Silicone oxide sensors can be contaminated and influenced by chemicals other than ethyl alcohol (the “active ingredient” in most cocktails and drinks). Both the so-called wet bath method and the dry gas method of calibration have flaws. A failure to recalibrate -- or interference with recalibration -- can lead tests to be widely off the mark.

2. Certain chemical compounds can interfere with readings

Diabetics, most famously, can have acetone levels in their blood that can throw off BAC readings (and thus yield a false positive). A scientific study out of Europe recently found that certain asthma medications can also lead to false positives. Environmental compounds, such as MTBE -- an additive in gasoline -- can also interfere with breathalyzer mechanisms and lead to false positives… as can paint remover, other kinds of alcohols, lacquers, and volatile organic compounds (VOCs).

3. Variations among people

Variations in human physiology abound, and these can play a not insignificant role. One person’s breath may be “more alcoholic seeming” than another person’s breath -- even though the two subjects may have identical BACs. In other words, someone well above California’s legal limit of 0.08% could test below the legal limit because he has what's known as a high partition ratio. Conversely, a driver who has a low partition ratio (e.g. 1400:1) could have a de-facto BAC level of 0.06% and still test above the legal limit for Long Beach DUI.

4. Officer bias and other issues

Police officers are people too, and they can make mistakes -- both in terms of recording BAC levels and in terms of conveying relevant information up the chain of command.

Also, variations between men and women, variations due to temperature, and variations due to cell volume of the blood of suspects (known as hematocrit) can also lead to skewed results and false positives.

So what should you do if you or a loved one has been slapped with a misdemeanor charge of driving under the influence in Long Beach, and you believe that the Breathalyzer test gave a false positive? Even if the facts are on your side, you still likely need a competent and trial-proven lawyer to help you plead your case.

Continue reading "Should Breathalyzer Tests Be Used on Long Beach DUI Suspects?" »

The problem of driving under the influence in West Hollywood is a perennial one. On weekend nights and certain holidays (especially Halloween), the surface streets in West Hollywood become extremely hazardous to both pedestrians and drivers. Here, we provide some tips for how to (hopefully) drive safer and smarter in and around the City of West Hollywood.

1. Limit your driving on party nights.

As long time residents know, the City of West Hollywood comes alive on weekend nights -- particularly along the stretch of Santa Monica Boulevard from Doheny east to La Cenega. The Sunset Strip (to the north) is also the site of many arrests for DUI in Hollywood.

Hard partying drivers pose risks not only to other cars on the roads but also to pedestrians. According to authors Steven Levitt and Stephen Dubner (SuperFreakonomics), walking while under the influence of alcohol may be even MORE dangerous than driving under the influence, per mile traveled. So pedestrians and drivers alike should be particularly cautious in the “party zones” -- especially during weekends and holidays.

2. DUI drivers who get distracted while looking for parking spots can be doubly dangerous.

Parking restrictions abound in West Hollywood. Trying to finagle a parking space, especially near the clubs and restaurants along Robertson, Santa Monica Boulevard, and La Cienega Blvd, can be perilous even if you're driving sober and in the middle of the day. The constant cat and mouse game that is the quest to find parking in West Hollywood can result in drivers becoming extremely distracted. When you combine this with alcohol in any form, the dangers skyrocket.

3. Certain intersections have a reputation for being unwieldy.

The intersections of Santa Monica Boulevard with north-south streets like Fairfax, La Cienega, and Doheny, for instance, can get crowded and competitive during rush hour. So be extra mindful at these big intersections. Watch for drivers cutting across traffic or breaking other rules.

4. DUI in West Hollywood dangers can actually increase when fewer cars are on the roads.

During the day, when most of Los Angeles is stuck in a perpetual traffic gridlock, cars obviously have to drive slower, and thus the potential dangers of injuries from certain collisions decrease. When the traffic frees up -- during the evening hours and sometimes in the weekends -- cars naturally speed up. While this makes getting around West Hollywood a little easier, it also poses problems. DUI in Hollywood collisions are more likely to lead to injuries and death, for instance. This hazard can be compounded on the weekends because certain neighborhoods will clog up with traffic (people going into and out of popular clubs and restaurants), and thus there's a lot of stop and go action on the roads, which can make things even scarier -- particularly when you add DUI in West Hollywood drivers to the mix.

The laws governing DUI in West Hollywood are the same as the laws that govern DUI elsewhere in the state. Two sections of the law are particularly relevant -- California Vehicle Code Section 23152(a) and California Vehicle Code Section 23152(b). These sections outline precisely what constitutes the crime of driving under the influence of alcohol or drugs and sets forth the (many) punishments that can be handed out to violators. Two related laws, California Vehicle Code Section 23153(a) and California Vehicle Code Section 23153(b), outline the crime of Southern California DUI with injury and stipulate the punishments for that crime.

To build a stiff defense against any of these charges, it helps to retain a lawyer who has a deep working understanding of Southern California judicial system from both the prosecutorial and defense side.

Continue reading "DUI in West Hollywood Dangers -- How to Avoid Them" »

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" »

1. Battle Los Angeles DUI incidences by improving the efficacy of rehab programs.

Sadly, rehab programs such as certain 12-step programs can be surprisingly ineffective at helping addicts recover from alcoholism. While only a few scientific surveys of groups like AA have been conducted, the results have not been particularly compelling. Indeed, some studies have suggested that 12-step treatment is no more effective than placebo treatment. Conversely, other rehab programs have demonstrated a statistically significant success rate, and perhaps there could be something to be learned from these more successful programs that could be more broadly applied and used to decrease the problem of Los Angeles DUI.


2. Increase prohibition on the use of cell phones and text messaging while driving.

As we’ve discussed elsewhere on this blog, the problem of driving while texting and driving while talking on the cell phone may be as big as -- if not bigger than -- the problem of driving under the influence in Long Beach and elsewhere in the Southland. Although California has made driving while texting illegal, perhaps more attention needs to be focused on this area. If we can reduce general driver distraction, we can likely reduce accidents and injuries on our roads.

3. Improve traffic engineering.

Road construction, bad or ineffective lighting, unclear signage, and other traffic engineering factors likely contribute to a significant percentage of accidents on Southern California roads. More innovative attention to these engineering problems can likely decrease the number of highway crashes significantly.

4. Use “crowd-sourcing” to identify dangerous drivers.

Crowd-sourcing is using aggregated community resources to get things done. Individuals armed with cameras and cell phones can in some circumstances help identify bad drivers and thereby exert social pressure to get them to conform to the laws of the state.

5. An improving economy can lead to more prosperity and more goodwill on the roads.

A depressed economy leads to depressed and distracted drivers. If you're fatigued, in a bad mood, and stressed about finances, chances are you're going to be a less attentive driver. Thus, in a bad economy, chances are that collectively Californians will be more at risk for getting into accidents -- DUI and otherwise. If the economy improves, however, this may likely have a salutary effect on our collective driving behavior.

6. Campaign to raise the awareness of the danger of sleeplessness.

Driver fatigue is a significant contributor to accidents. Unfortunately, most people are not aware of how dangerous it can be to drive while sleepy, stressed, or otherwise out of sorts. A simple statewide educational campaign to explain these dangers could result in safer roadways.

7. Improve road maintenance.

Clearing debris out of lanes on highways and performing other general upkeep should likewise have a salutary effect on road safety.

8. Sell fewer red cars.

Studies show that the color red can inspire aggression in the minds of other drivers. Theoretically, if fewer red cars populated Southern California’s highways and byways, we might see a decrease in driver aggression and thus in accidents and injuries.

9. Improve education for minors about the ABCs of road safety.

Many new Southern California drivers do not understand or appreciate their responsibilities. Likewise, they may not understand the laws regarding DUI -- in Southern California, for instance, if you're under 21 years of age and you are caught with a blood alcohol concentration of just 0.01 percent -- the equivalent of just a few sips of alcohol for some people -- you can be arrested and charged with DUI in Southern California.

10. Provide better legal assistance.

Do you need fast, effective, and professional help with a charge of Los Angeles DUI?

Continue reading "Ten Ideas to Decrease Los Angeles DUI Arrests and Improve Highway Safety in 2010" »

1. Driving under the influence in Los Angeles will not be the only major challenge facing law enforcement agents in 2010 -- driving while texting/phoning is also a huge issue.

A cell-phone-talking/texting epidemic has overrun Southern California. As more and more people become dependent on mobile devices to get through their lives, more and more drivers become inattentive. Left unchecked, this epidemic of distraction will surely lead to an increase in the number of injury accidents and deaths on our roads and freeways.

2. An increase in media distractions.

We face dangers not just from drivers who text but also from distractions such as flashing billboards (e.g. on Sunset Boulevard), billboards that change as we drive past them (e.g. on Pico Boulevard just west of Beverly Drive), and other intrusive forms of media, such as satellite radio. All these drags on our attention could ultimately lead to an increase in accident injuries.

3. General degradation of California’s highway and surface street infrastructure.

The California budget crisis has made it difficult for the state to spend necessary money on roadside repairs and upgrades to infrastructure. A dearth of road improvements will almost definitely translate into greater dangers for drivers.

4. The increase in diabetes and obesity in our population poses an indirect hazard to drivers.

As the obesity/diabetes epidemic spreads, more and more sick, inflexible, and medicated drivers are getting on our roads, and this likely poses a serious public safety challenge.

5. Failure of rehabilitation programs.

Recidivist alcoholics are at higher risk for DUI. Unless and until we find a more effective and less costly way to curb alcoholism and addiction in our population, we will face a greater risk -- not only of Southern California DUI injury accidents -- but also of other safety problems.

6. Problems educating underage drivers.

Today’s youth are bombarded with distractions that did not exist even a decade ago -- such as social networking, twittering, and other relentlessly aggressive technologies. These youth may be so distracted by these toys that they fail to attend to basic driving skills effectively.

7. Collective habituation to the dangers of DUI in Pasadena and elsewhere in Southern California.

Although driving under the influence in Southern California remains a serious problem, it is a well-known problem. Thus, we don’t hear about the dangers every day, and this lack of awareness likely contributes to increased risk.

8. Better technology can lead to overconfidence.

With GPS systems and other technological gizmos available to many Southern California drivers, overconfidence can easily result. Put too much trust in any automated system -- and relinquish too much control over your automobile -- and road mishaps are almost certainly bound to follow.

9. Better safety technology can lead to an increase in risk tolerance.

The advent of antilock brakes was supposed to slash accident rates across the country. It didn’t -- at least not to the extent that it should have. One theory for why is that drivers who have ABS tend to wait until later to brake -- due to their confidence in safety features. Thus, even though a car built today might objectively safer than a car built in, for instance, in 1985, our collective reliance on “last minute” safety features might ultimately wash out the difference.

10. Failure to get good legal help for charges of Los Angeles DUI...

Continue reading "Ten Concerns Regarding Los Angeles DUI and Other Driving Hazards in 2010" »

As 2009 wraps up, it’s time to turn our attention to Southern California DUI statistics that engaged our attention and reminded us about the dangers and costs of violating California Vehicle Code Sections 23152(a) and 23152(b).

Here are 9 eye-popping numbers:

1. 28,457 - the number of people hurt in accidents in CA in 2008, in which alcohol played a key role, according to the National Highway Traffic Safety Administration.

2. 1,029 - the number of people killed in “alcohol impaired motor vehicle fatalities” in CA in 2008. The only state with more alcohol auto fatalities in 2008 was Texas (1,269).

3. 214,811 - the number of DUI arrests made in 2008, according to the CHP.

4. 45 - the number of fatalities that occur every day on US roads during the Christmas season. 36 fatalities per day occur on average. 54 on average die on New Year’s Eve -- 40 percent of these fatalities involve alcohol in some capacity.

5. 2,500 -- The number of 2010 sobriety checkpoints that will be funded by the California Office of Traffic Safety.

6. 4/100,000 -- According to the National Highway Traffic Safety Administration FARS survey, this is the rate of alcohol-related driving fatalities per population nationally.

7. (way more than) 18 -- the number of celebrity Beverly Hills DUI arrests in 2009. For more on the celeb Los Angeles DUI arrests from January through June 2009, see our blog post from 12/16. For more on the July through December DUI arrests, see our blog post from 12/21.

8. 15-20 -- According to the NHTSA publication “Young Drivers” (2009), motor vehicle accidents are the number one cause of death for young adults age fifteen to twenty.

9. 380 -- according an NHTSA pamphlet called “alcohol impaired driving” (2008), drivers who operate vehicles with BACs of 0.15 percent or greater (it is illegal in California to drive with a BAC of 0.08%) are 380 times more likely to get into Los Angeles DUI crashes that result in death than are sober drivers.

To get effective and reliable help with your DUI charge -- whether it’s a minor misdemeanor Southern California DUI or a serious injury charge -- connect with a reliable lawyer today.

Continue reading "9 Eye-Popping Numbers regarding Southern California DUI in 2009" »

When most people talk about solutions to the problem of driving under the influence in Southern California, they discuss prosecution and penalties. However, as the adage goes, an ounce of prevention is worth a pound of cure. It's a plausible hypothesis that, if we can collectively improve and manage driver behavior, we could dramatically slash accident rates and road fatalities far more effectively than we do now with our system that is heavy on "sticks" and light on "carrots."

With that theory in mind, let's examine some numbers put out by organizations like the National Highway Traffic Safety Administration, AAA, and the Insurance Institute for Highway Safety to determine the most dangerous (and safest) times and circumstances for driving.

Before we delve into the numbers, understand that accident statistics can often mislead. For instance, the Insurance Institute for Highway Safety reported that, in 2007, more than 14,000 people died during the afternoon rush hour (from 5 PM to 7 PM). If you only heard that statistic -- and took it out of context -- you might be wary of driving at all during rush hour. However, it turns out that rush hour is relatively safe -- at least compared with the hours of midnight to 3 AM. Although the number of fatalities during the early morning hours is lower, the percentage of accidents that occur during this time is much higher. This is because, during the wee hours of the morning, the roads empty out, leaving a much higher percentage of drivers who are DUI, tired, distracted, and so forth.

NHTSA statistics show that the midnight-to-3 AM shift is 10 times more deadly then is the 6 AM to 6 PM shift. Your risk increases even more if you drive between midnight and 3 AM on Saturday and Sunday mornings -- when many people leave bars, clubs, and parties with higher than normal blood alcohol levels.

Statistics also belie some of our other intuitions. January and February are safer months than August and October, for instance -- even though January and February are winter months and thus have worse weather. School buses -- which do not have seat belts -- appear to be safer than automobiles and trucks, which DO have seatbelts. Driving a motorcycle is far more dangerous than most people realize. Wednesday is the safest day to drive, while Sunday mornings are the most dangerous. Young male drivers between the ages of 16 and 24 are around four times as likely to die in automobile crashes than average. The day after a snowfall is particularly hazardous, according to research from the University of California Berkeley, which found that fatality rates spike by 14% on the day after a big snowstorm.

To sum up, an array of factors contributes to driving danger/safety, including:

* time of day (day or night)
* weather conditions
* driver distractibility (cell phones, texting and radio in the car)
* fatigue
* locality (city, suburb, country - e.g. Burbank may have different danger-times and zones than Long Beach)
* vehicle upkeep
* road upkeep
* macroscopic social trends, particularly trends that reflect on your age/demographic group
* whether or not you or another driver consumed certain foods, alcohol, narcotics, or medications
* your level of stress
* so on and so forth

With all these factors at play, if you're arrested for DUI with injury in Southern California, you may need an agile and astute attorney to develop a battle plan. The California Vehicle Code Sections 23152(a) and 23152(b) stipulate severe punishments for drivers who hurt other people while operating a motor vehicle with a BAC level of 0.08% or more. Punishments can depend on factors like how many people you hurt, how seriously you hurt them, whether you violated any traffic laws, and whether or not another party or parties could be partially responsible for the accident.

For help distilling a plausible and strategic approach to your defense, connect with Attorney Michael Kraut of the Kraut Law Group ASAP. As a Harvard Law School educated former LA Deputy District Attorney, Attorney Kraut has the experience, street smarts and intellect to build an aggressive defense for you.

Continue reading "When is the safest time to drive? When is the most dangerous time to drive? And how can you avoid encountering drivers who are driving under the influence in Los Angeles?" »

Prosecutors and top rated defense attorneys faced off in court today over the allegations of sex, lies and screenplays in the David Letterman extortion case. Extortion is a serious crime. A person convicted of this offense will most likely be sent to state prison for many many years. Extortion is defined as the use of either threat of violence or some other criminal means to cause any harm, including financial, to another person or their reputation, to obtain property from someone else with their consent.

In this case, Halderman is accused of threatening to divulge personal information about Letterman that could cause harm to the entertainer's reputation.

The case revolves around Halderman, a well known TV producer,whose wife had a long running affair with Mr. Letterman. Halderman is the accused extortionist who wrote a screenplay about Letterman's sex life with female staffers. The case stems from Halderman, who was angry over his wife's affair could not find any way to make his wife stop the relationship with the late night comic. Records indicate that he continually confronted his wife about ceasing the affair. She apparently apologized and committed to her relationship with Halderman. Things seemed to be mending between the couple until he found that she had not stopped the affair.

Halderman decided to take his revenge out on the keyboard. Penning a script about Letterman's hostile work environment. Then on September 9, 2009, Halderman delivered a portion of the script, which contained changed names, to Letterman's driver, with documents which corroborated Halderman's facts in the script. He then gave Letterman an opportunity to buy the script rather then see it made into a movie. Halderman met two times with Letterman's lawyers and in taped conversations in which he was recorded demanding money. Afterward, a check for $2 million was given to Halderman.

Halderman's criminal defense attorney indicated that their client was merely selling a screenplay and by filing the charges, the prosecutors were infringing on his First Amendment right of free speech.

Continue reading "David Letterman Is Informed That The White Collar Fraud Was Not What Halderman Intended When He Demanded Money To Keep His Mouth Hush" »

California laws appear to be getting more harsh for those charged with Southern California DUIs. Legislators in recent months have begun to amass together to bring sweeping changes to the existing DUI laws. As of today, the laws are fairly straight forward. Los Angeles DUI defense Attorneys who are former prosecutors, and have trained law enforcement officers, are well versed in the penalties in DUI cases. The DUI defense attorney who who almost exclusively handle DUI cases are often in the best position to ensure that these penalties do not fall on their clients' shoulders. Those charged and convicted with a first time Los Angeles DUI can expect the following to occur:

1. Driver's License suspended for 4 months.
2. Must enroll in a 3 month DUI alcohol awareness program.
3. Pay huge court fines.
4. Receive a criminal record.
5. Be placed on probation for a period of at least two years.
6. Have a public record of conviction.
7. Mandatory jail sentence.
8. Sky rocketing insurance rates.

Because these penalties are so sever, it is always recommended that if a person is stopped and arrested for a Los Angeles DUI, that they immediately hire a pre-filing DUI defense attorney. Often times the criminal defense attorney is able to raise legal questions so that charges are either reduced or in some cases fully dismissed.

Those charged with a second time DUI have significantly higher penalties. A second time DUI is determined by a person having been convicted of a DUI sometime within the last 10 years before the most recent DUI. The penalties include the following:

1. Mandatory jail sentence of between 4 and 10 days and a maximum of 6 months in county jail.
2. Dui alcohol school that lasts 18 months at a minimum or a maximum of 30 months.
3. Driver's license suspended for 2 years.
4. Court can mandate formal probation.
5. Court may order a DUI interlock device. This device will need to be blown into before your car can start. While this may not seem that inappropriate, if your job requires you to drive at all, you may likely be fired.
6. Huge fines from the court.
7. Loss of car insurance or significantly increased fines.

While these penalties are sever, Sacramento legislators are considering apply the Three Strikes Law to driving under the influence cases, making the penalties even harsher. The law makers are publicly upset about cases in which people have been convicted of eight or nine separate DUIs are still able to get back behind the wheel after their sentence is complete.

The most recent statistics from the California Department of Motor Vehicles indicate that almost 1,500 people were killed in DUI related deaths in 2007. In addition to those killed, well over 30,000 people were injured in DUI accidents during the same time period.

Statistics from 2006 point to an alarming increase in the rise of Los Angeles DUIs, as well as driving under the influence cases throughout Southern California and the rest of the State. The State reports in excess of 5,000 drivers had amassed four DUI conviction within the last 10 years.

Based upon these statistics, law makes are talking about instituting a Three Strikes type law which would permanently take these repeat offenders off the roadways. Tougher DUI laws are already being enacted. Beginning next year, first time DUI offenders In Los Angeles who are convicted of either Driving under the Influence of Alcohol or drugs in violation of CVC 23152(a) or of having a blood alcohol level in excess of of .08% in violation of CVC 23152(b), will have to have a ignition interlock device installed on any vehicle they drive.

Continue reading "California Legislators Begin to Call for DUI Convictions To Fall Under Three Strikes Laws" »

Most people remember Mel Gibson's 2006 ranting anti-semitic remarks during his Los Angeles DUI arrest. After pleading guilty early in the proceedings, he was convicted of driving under the influence. Since that time. Mr. Gibson plead guilty, paid all of fines, and successfully completing his Los Angeles DUI education course.

Recently, his Los Angeles DUI defense attorney filed a motion to expunge his criminal record. The law allows a person to file a complicated motion to remove their criminal record once they have successfully completed all of the terms of probation.

A California expungement actually creates a situation in which the previous guilty judgment that resulted in a criminal record, is withdrawn, and the case is dismissed.

California allows expungements in cases in which a person was not sentenced to prison or given a suspended prison sentence. If all the terms of probation are completed in a successful manner, then a Los Angeles expungement attorney can file and argue the motion.

If the court grants the motion then the person can honestly say that they have not been convicted of a crime. However, there are some consequences that remain even though the person's record is cleaned. The conviction will still be used as a prior if the person is convicted of another offense. In terms of Mel Gibson, while his conviction was withdrawn and the case was dismissed, if he is charged with another Los Angeles DUI within 10 years, then the previous conviction will be used to enhance his punishment.

Continue reading "Mel Gibson's Los Angeles DUI Arrest Expunged" »

Celebrity singer and husband to Whitney Houston is wanted for a warrant issued by a judge. Some people think that he is hiding in Los Angeles, California. A Massachusetts judge issued a warrant for the arrest of Bobby Brown after he failed to pay child support. Brown was previously ordered to pay $45,000 in child support to the two teenager children he has from a previous relationship with his former girlfriend, Kim Ward.

The law surrounding warrants in Massachusetts is almost identical to a Los Angeles bench warrant. There are two different ways in which a bench warrant can be issued for the arrest of a person. The first is if a person is wanted for a crime. The judge will issue an arrest warrant. Once that is issued then law enforcement will arrest you and take you into custody. The second way a warrant can be issued is if you were supposed to be in court, or were ordered to do something by a judge and you failed to perform satisfactorily.

A warrant should be cleared as soon as you become aware of one being issued. Otherwise, you might not be able to get the best result on a case. In Los Angeles, a warrant while on probation could harm your chances to have your case expunged after you have completed a grant of probation.

A Los Angeles bench warrant attorney is be able to assist you in getting the warrant recalled and quashed as well as able to help you get a Los Angeles expungement.

Continue reading "Warrant Issued For the Arrest of Bobby Brown...Is He in Los Angeles?" »

In April of this year the Los Angeles Police Department arrested Los Angeles sex crimes suspect and Choreographer Alex Da Silva. Da Silva, 41, who has been featured on "So You Think You Can Dance". The previous arrest resulted in no charges by the Los Angeles District Attorney's Office. The DA's Office determined that further investigation and evidence was required. In the mean time, Da Silva hired a top notch Los Angeles criminal defense attorney.

After four months of dogged work, the LA District Attorney's Office filed 8 major sex crime felonies against Da Silva. He was arrested at his North Hollywood home. At the time he was originally arrested, Da Silva took the strong and aggressive action of hiring a pre-filing Los Angeles criminal defense attorney to protect his interests. While the case could have been much worse had he not made this decision.

For many years the LAPD had been receiving complaints of sexual assaults by the choreographer. But no charges were ever filed. After numerous woman who did not know each other complained of the same type of activity the prosecution filed the rape charges.

Da Silva has now been re-arrested for allegedly sexually assaulting several of his dance students. The acts charged occurred during the time period of August 2002 and March of 2009. The charges include four counts of forcible rape, two counts of assault with intent to commit rape and two counts of sexual penetration by a foreign object. Da Silva faces decades in prison.

The famous dance instructor is being held on $6.2 million bail and he will be arraigned this Thursday in Van Nuys, California

Continue reading "Los Angeles Dance Instructor for "Dancing With The Stars" Charged With Rape" »

The California Supreme Court has given the go ahead to Los Angeles DUI defense attorneys to question the reliability of breathalyzers used in Southern California DUI arrests. The case, California v. Neal, was decided by the justices. This new ruling now allows top notch Los Angeles criminal defense attorneys to question the actual reliability of this test. For too long the common breathalyzer has been seen to be pretty much infallible by courts. This new ruling will allow the jury to hear from experts presented by the defense which will raise doubts as to the validity of the test.

Upon arrest, most police agencies take the Los Angeles DUI suspect to a police station and require a sample of either blood or breath. Now, the breath test results can be aggressively attacked.

It is extremely important if you are arrested in Southern California for driving under the influence that you immediately hire a pre-filing DUI defense attorney. That attorney can bring facts to the attention of the prosecutor which may lessen the potential charges. After the Supreme Court's decision, a Pasadena DUI which resulted from a breathalyzer test can be attacked by an attorney.

Continue reading "California Supreme Court Now Allows Los Angeles DUI Defense Attorneys to Contest the Validity of a Breathalyzer" »

Actor Shia LaBeouf has much to crow about these days. His latest movie, Transformers 2, performed surprisingly well at the box office, notwithstanding its mixed critical reception. That said, the 23 year-old has some serious transportation problems stemming from his arrest last year for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf strolling outside his gym attest, the actor cannot legally drive due to a court-enforced probation.

Nearly a year ago to date, LaBeouf got arrested for Southern California DUI after he turned his Ford pickup truck into oncoming traffic and struck another car. LaBeouf’s truck flipped over twice, and both his female passenger and the woman he hit sustained minor injuries. Fortunately, no one was seriously hurt in the crash. LaBeouf managed to get off with only a misdemeanor charge - a lucky break.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf's victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Continue reading "Transformers 2 Star Still on Probation for his 2008 Los Angeles DUI Arrest" »

Former Tennessee quarterback, Steve McNair, who was found this past Saturday shot and killed in his girlfriend's apartment was determined to be murdered. Also found dead was Sahel Kazemi with one gunshot wound to the head.

From the very beginning, investigators were very quiet about what happened while they were waiting for results from tests completed immediately after the bodies were discovered. This morning, those same investigators announced their conclusion that McNair's girlfriend murdered the football player and then turned the gun on herself. Top criminal defense attorneys assisted in the investigation

At a news conference, Police Chief Ronal Serpas made the announcement that Kazemi, 20, was extremely depressed over mounting personal problems. Apparently, financial problems and a recent DUI arrest contributed to the stress. But, the final straw was learning that McNair was married.

Police stated that they believe that Kazemi approached McNair while he was asleep on the couch at a rented condominium at 1:45 AM on Saturday. She raised the gun and shot him once in the left temple, then pointed the gun to his chest and shot him two more times. The final shot was to his left temple. Then she shot herself in the head after positioning herself that she would die in his lap.

The evidence pointed to McNair being asleep because it appeared he did not raise his hands to defend himself. Recent advances in forensic testing allows law enforcement to tests for Gun Shot Residue (GRS). The residue is the burnt gun power that is discharged when the gun is fired.

Continue reading "Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself" »

July 4th has always been a priority for law enforcement looking to bust people for a Southern California DUI. This year was no different then any other. In El Segundo, a suburb of Los Angeles, there was a DUI check point which caught Joyce Dewitt. As she approached the Los Angeles DUI check point, an officer smelled alcohol on her breathe and she was given field sobriety tests which she failed. Dewitt was arrested, posted bail and then was released.

Now that she is out of jail it is crucial that she immediately hire a pre-filing Los Angeles DUI defense attorney. The reason she this is so important is because when the prosecutor looks at the reports and has to make filing decisions, the reports that are read are only those written by the police. A former prosecutor that now practices Los Angeles DUI defense, can intercede on your behalf. Then the prosecutor has both sides of the story to review before any filing considerations are made.

The results, if a Southern California DUI is filed, can be disastrous. I first time DUI can result in a jail sentence as long as 6 months, huge fines, a suspension of your driver's license, and an alcohol education course that is not only expensive, but very time consuming.

Continue reading "Three's Company Star Joyce Dewitt Busted for a Los Angeles DUI" »

The Federal authorities and Los Angeles law enforcement are combing through vast amounts of evidence to ascertain whether there was Los Angeles Medical Fraud and Holmby Hills white-collar fraud in the death of singer Michael Jackson. Investigators have been looking at a total of five doctors who were writing prescriptions for the famous singer, some under fake names. Los Angeles pre-filing defense attorneys are making great headway in protecting their physician clients from potentially devastating results. It is very important if a professional is under investigation to immediately hire a top notch Los Angeles investigation defense attorney to manage the investigation in a parallel manner to law enforcement. Thereby, providing key evidence and witnesses who can either clear the professional from further harm to their reputation, or worse, a criminal filing and lose of license.

Dozens of prescription bottles have been found in the Los Angeles home rented for the singer since his death last week. The investigators have let slip that many of the bottles have no labels, other have names other then the singers true names. It has been reported that Jackson had been suffering from an addition to prescription pain pills for many years. In fact, the singers family has publicly come forward and blamed his many doctors for enabling the singer with these powerful drugs. One of the drugs of most concern to law enforcement is the drug Diprivan. The drug is one of the most power sedatives on the market. Usually only used in operating rooms by anesthesiologists in surgery. Some of the bottles in Jackson's home were full of the drug, while others were completely empty.

Continue reading "Medical Fraud Investigation in Los Angeles Continuing in Michael Jackson Case" »

Bernard Madoff was sentenced on June 29, 2009 to 150 years in federal prison for his white-collar crimes in Los Angeles as well as throughout the United States. His Los Angeles Ponzi scheme effected thousands of victims. Many were here in Southern California, but the fraud was determined to have occurred throughout the world. Madoff was represented by a top notch Los Angeles white-collar defense attorney.

The sentence was the absolute maximum that United States District Court Judge Denny Chin was able to imposed under the Federal sentencing guidelines. US Marshalls had to quiet the gallery when the spectators let out screams of joy as the 71-year-old Madoff was sentenced. Southern California White-collar crimes usually do not carry heavy sentences. Usually, people are able to payback some or all o the victim's money and the courts tend to go more lenient on the defendants. For example, a well known Hollywood producer was recently arrested for stealing half a million dollars from a major movie studio here in Los Angeles. The Southern California white-collar defense attorney was able to convince the District Attorney to allow the defendant to plead to one felony count of forgery with no jail time, and after three years of probation, the case can be reduced to a misdemeanor and dismissed from his record entirely.

Those interviewed outside of the courthouse claimed that Madoff was a given a life sentence just as the victims had been a life sentence for the loss of their entire fortunes at the hands of Madoff.

Continue reading "Bernie (Bernard) Madoff Sentenced to 150 Years for Los Angeles White Collar Crimes " »

On June 22, 2009, actor Chris Brown will face the judge for his Los Angeles assault on Rhianna. The prosecution will need to prove that Brown assaulted and verbally threatened Rhianna several months ago. Brown is being defended by his legal team composed of Los Angeles assault defense attorneys. Now it will be the time when rumors and innuendo is put aside and the facts will be put forth under oath.

Brown will have a preliminary hearing. This is a court proceeding in which the prosecution will have to prove that a crime was committed and more likely then not, Brown committed the crime. This standard of proof is very low at this point for the prosecution. They do not have to put all of their evidence on the table, just enough to tip the scales of justice.

Rhianna has been subpoenaed to appear in court and she is expected to testify truthfully against Brown. It will be her testimony that determines if Brown will eventually face custody time in jail or prison, or if the charges are reduced to misdemeanors or even dismissed.

Continue reading "Chris Brown will be ina Los Angeles Courtroom to Face Multiple Felony Charges for his Los Angeles Assault" »

Lindsay Lohan is being investigated for grand theft of the $400,000 worth of jewels from Dior she was wearing at her Elle Magazine photo shoot. Scotland Yard has been brought in to review the facts surrounding the lost jewels. The items, a diamond necklace and diamond earrings, were reported stolen right after she wore them on June 6, 2009.

According to sources close to the investigation, Lohan admired the jewels and asked if she could keep them. The jewels were not reported stolen for two days. At that time, Central London Police were notified.

Los Angeles grand theft crimes need to be defended by a Los Angeles grand theft defense attorney. People who are charged and convicted of a grand theft could be sent to prison for 3 years if the case is a felony. After release from prison, the person will be on parole and will have to be monitored. That is why if you or someone you know is being investigated for a South California grand theft crime, they should immediately hire a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.

Continue reading "Lindsay Lohan Under Investigation for Grand Theft of Jewels in England" »

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a Los Angeles DUI, .08 by weight.

According to news result, Stallworth had been drinking and then ended up driving down the street when 59-year-old Mario Reyes jumped out between two parked cars trying to cross the street to get to a bus.

Most people were outraged by the low jail sentence of 30 days plus two years of house arrest. However, his pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.

Continue reading "Donte Stallworth Gets 30 Days for DUI Death Case" »

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of second degree murder in the Los Angeles shooting death of actress Lana Clarkson. Spector, 69, was immediately remanded into custody by Judge Larry Paul Fidler.

The producer was quiet as usual when he arrived in court. As the verdict was read he looked straight ahead and did not show any emotion. The six-man, six-woman jury began deliberating on March 26, 2009, after a 5 month trial. This was the second trial for Spector whose first trial ended in a hung jury. Alan Jackson, the prosecutor, tried both cases. The facts presented in both cases was primarily the same. This time the jury seemed to take the evidence of Phil Spector's quirky behavior of pointing guns at the heads of woman who he dated, but refused to sleep with him, as evidence of his implied malice.

As soon as the shooting occurred back in 2003, Spector immediately hired his pre-filing Los Angeles defense attorney. The reason to do so is that a Southern California criminal defense attorney can make the difference between the police immediately gathering all of the evidence and destroying the crime scene, and a representative of the accused being able to begin the process of preparing a strong and capable defense.

Spector was convicted of second degree murder. The crime carries the a penalty of 15 years to life in prison. In order to prove this crime the prosecution must prove that at the time he shot Ms. Clarkson, he knew the dangers of his actions and then proceeded to handle the gun in a manner that was careless as to human life. The standard of proof is very high. The prosecution must prove this crime beyond a reasonable doubt. That is the highest standard there is in any court.

Continue reading "Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles" »

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a pre-filing Los Angeles DUI defense attorney who can begin to review the evidence against him and talk to the District Attorney's Office about alternative charges.

The driver, Andrew Gallo, 22, of San Bernardino ran the red light in the minivan he was driving. according to police sources. This was not Gallo's first Southern California DUI. Three years ago he was arrested and convicted of driving under the influence. At the time of this accident, Gallo was still on probation for his 2006 San Bernardino DUI. In addition, he was driving on a suspended license. He was caught fleeing on foot 30 minutes after the accident running on the shoulder of the 91 freeway.

The early morning crash happened when Gallo drove through a red light with three times the legal limit of alcohol in his blood. He broadsided the car that Adenhart was in, instantly killing the female driver and one of the passengers. Adenhart and another young man in the car were rushed to the hospital. Adenhart died on the operating table, the lone survivor is in stable condition after undergoing four different surgeries.

The Orange County District Attorney's Office announced that the 22-year-old Gallo would face three murder counts, one felony count for leaving the scene of an accident involving death or permanent injury, one count of felony DUI with injury, hit and run for leaving the scene of the accident, and a felony count of driving under the influence of alcohol with a blood alcohol level of .08 percent blood causing injury. The total number of years that Gallo can be imprisoned is 55 years to life. California allows for a murder charge to be filed by the prosecution in cases in which the driver drove with conscious disregard of the dangers and someone was killed as a result of an illegal act. This is called a Watson Murder.

Continue reading "Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles" »

Los Angeles DUIs seem to be on the increase in the sports world. Zach Randolph of the Los Angeles Clippers was arrested in Southern California after he was observed swerving on the 405 highway. He was released on $5,000.00 bond and will have to appear in court to face charges at a later date. The consequences of his DUI could result in the lose of his job. Most sports franchises have a "moral clause" which allows management to fine or terminate a player for poor choices including a Los Angeles DUI.

While most people don't have to worry about a morals clause and the potential of loosing a multi-million dollar contract, they do have to worry about loosing their jobs due to a DUI. For that reason it is important to hire a Los Angeles DUI defense attorney as soon there is an arrest for driving under the influence in Southern California.

Modern technology and computers have increased an employer's ability to locate a DUI conviction. The result can be either an immediate termination or a refusal to hire. Because of those tough job actions, people need to fight their DUI cases more then ever. An excellent DUI defense attorney can make the difference between a conviction, and the prosecution having to dismiss the charges because they cannot prove the case.

Continue reading "Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles" »

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a "wet reckless", the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Continue reading "Los Angeles DUI arrests are on the rise in Southern California" »

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a Los Angeles or Southern California DUI defense attorney. A well trained Los Angeles DUI attorney can attack the evidence and procedures used by law enforcement. In some cases, fighting the charges can result in a not guilty finding. In many cases,if a person is found not guilty of the DUI charges, he or she will not result in a person loosing their job, pension, driver's license, and not having to pay the huge fines and fees that are mandated by the courts.

The case was then taken to Superior Court where Judge James Chalfant reversed the Commission's ruling and reinstated the fireman. The case then went back to the Commission to decide what punishment, short of termination, was going to be imposed. The Commission may impose a 30 day suspension.

Continue reading "Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss" »

The judge in the Lindsay Lohan Southern California DUI case was given incorrect information resulting in an arrest warrant for her arrest. Judge Marsha Revel was not given all of the information when she signed the warrant. The Los Angeles DUI defense attorney immediately went into court and corrected the error.

When a person is arrested and convicted for driving under the influence in Southern California (DUI), they will be placed on probation for a period of between 3 and 5 years. During that time person will need to comply will all of the strict terms and conditions. If there is a violation, then the person could serve up to 6 months in jail. Judges usually do not impose the full amount of jail time until there are so many violations that they give up on the Los Angeles DUI suspect.

Lohan's DUI problems began back in May, 2007, when she was pulled over and arrested for her second Beverly Hills DUI. Along witht he DUI arrest, she was also charged with cocaine possession. That charge is a felony, but for a first time offender a top notch drug defense attorney will usually be able to get their clients into a formal drug diversion program.

Continue reading "Lindsay Lohan's Los Angeles DUI Arrest Warrant Quashed By The Beverly Hills Judge" »

After two years of investigation, rapper T.I. plead guilty and was sentenced to just over one year in prison. T.I., whose given name is Clifford Harris, was charged with three felony counts after he was arrested as he received machine guns equipped with silencers.

Originally, he pleaded not guilty. When his attorneys informed him that he could face 10 years in prison for each count, he changed his mind. He plead in October but sentencing was continued to this past Friday, March 27, 2009. During the several months between conviction and sentencing, TI has performed over 1000 hours of community service and completed his reality series.

He will soon turn himself in to prison the face the sentence that he agrees to take. It is important that if a person is arrested or charged with a weapons charge, that a top notch Los Angeles and Southern California weapons defense attorney is contacted right away. Waiting until the charges have been filed or until the first court date can be too late gather evidence to convince the prosecution not to file criminal charges.

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" »

After Chris Brown and Rihanna had their violent encounter on February 8, 2009, in Los Angeles, things may be changing. Initial reports emerged that Rihanna had received a text page that enraged Chris Brown to the point that he became exceptionally violent with the pop star in the Los Angeles Hollywood suburb of Handcock Park earlier this month. News reports are now circulating that the two have reunited as a couple. It is now up to his Los Angeles domestic violence defense attorney to attempt to lower the charges, or have the case thrown out completely.

New organizations are beginning to report that because the two have been seen together, then Chris Brown will not face criminal charges. That cannot be further from the truth. Domestic violence is like no other crime prosecuted in Los Angeles. In almost 80-90% of the cases, the victim and the assailant get back together. The fact that a couple reunite after a violent episode does not mean that the prosecution is powerless to prosecute the crimes that had occurred. In almost all cases a victim in a domestic violence case will refuse to testify or will minimize what actually occurred during the criminal incident. Because the prosecution is aware of these facts, they almost always demand that the police or other investigatory agency, tape record the statements of the victim. That way the victim can be impeached on the witness stand if they "go backwards" on the statements they previously made.

The result to Chris Brown will be most likely seen in the punishment that he receives. He will most likely still be prosecuted for the crime, but if Rihanna tells the court that she was the aggressor or that Chris Brown was merely defending himself from her attack, then the prosecution could decide to drop any charges that they might be considering. If they still decide to prosecute then a top notch Southern California criminal defense attorney would be able to argue that the facts indicate that it was a case of mutual combat, or that Chris Brown was defending himself. If that were to occur then the prosecution would most likely not file criminal charges.

Continue reading "Chris Brown and Rihanna Reunite in Los Angeles. Will Chris Brown Face Criminal Charges?" »

Early Sunday morning the day that she was supposed to perform at the Grammys, pop star Rihanna was was seen crying and shaken after she and Chris Brown had an altercation in the quiet neighborhood of Hancock Park in Los Angeles.

Police would not identify the woman in the domestic violence incident due to the laws of confidentiality. While Brown made his $50,000 bail, he immediately hired a pre-filing Los Angeles criminal defense attorney to represent his best interests. As often happens in domestic violence cases, the police choose one side and then seek the evidence that will support that position. If all facts are true, Chris Brown could face 9 years in state prison.

Los Angeles Domestic violence is a serious crime. In order for the prosecution to convict him of domestic violence, they must prove that Brown was in a relationship with Rihanna, or that they have children in common, or live together in a sexual relationship. Next they must prove that Brown inflicted a traumatic injury and that he did so not as an act of self defense.

Police will spend a lot of time talking to Rihanna early during the investigation. They will get as many statements from her and her friends and witnesses because as time goes on, most domestic violence victims will become less and less cooperative and many will refuse to testify against suspects in these cases. So the police secretly tape record these statements to later use in court.

Continue reading "Chris Brown in Jail for Threatening and beating Rihanna in Los Angeles" »

A Los Angeles woman plead guilty to tax evasion after denying and shifting blame for 5 years with Federal prosecutors. Cristina Warthen, 35, admitted she failed to pay income tax on money she earned while running an escort service while she was attending Standford Law School.

She will be sentenced in June, however, it has already been determined that she will pay the IRS over $300,000 and could face a fine that could be as high as $100,000. She will also be ordered to spend one year on home confinement and three years of probation. It is clear that her Los Angeles white collar defense attorney was top notch. If she had been convicted of all of the charges, she could have served many years in Federal prison. Now she will be ordered to send a year in home confinement in a home she shares with her husband, and Ask.com founder, David Warthen.

Because she was being charged with a Los Angeles white collar crime, asset forfeiture laws were triggered at the time law enforcement found substantial cash hidden in her residence. Asset forfeiture laws were enacted to make sure that ill gotten money and property does not remain in the hands of those charged and eventually convicted of a crime.

Newspaper articles in the 80's were replete with stories of assets that were seized in drug related cases. Soon thereafter, law enforcement began to expand the powerful tool. Items that are commonly seized include cash, cars, houses, property, and in one case a race horse.

Once the property is taken by the Government, it must be maintained. That means that the asset cannot loose its value because of anything the Government does with it. If the Government looses the criminal case, then the asset must be returned to the person or company from which it was taken. In the case of the race horse taken, it was given back almost immediately because the Government would have been responsible for making sure that the horse was fed, trained and cared for like it was at the owners stable.

That forfeiture complaint had said Schultz operated an interstate prostitution business since at least August 2001 — three months after earning her Stanford Law School degree — by charging as much as $1,300 for two hours, $5,000 for overnight and $15,000 for three days to serve clients in the Bay Area, Los Angeles, Washington, D.C., New York City, Chicago and Seattle. Her own April 2003 posting to an escort-reviews Web site had said that when she finished her law degree, she "owed over 300 thousand in loans and hated the prospect of being a lawyer for the next twenty yrs."(sic)

A federal judge dismissed the civil forfeiture action in 2006 as Warthen and the government reached a secret settlement. Prosecutors filed the tax evasion charge against Warthen in September.

Continue reading "Los Angeles Stanford Law Grad Pleads Guilty to Tax Evasion for For Failing to Declare Escort Money" »

Three people, who were previously arrested for Welfare Fraud in the Southern California area around Los Angeles called Antelope Valley, have not been convicted and sentenced to serious time in custody. They were represented by a Los Angeles welfare fraud defense attorney who worked very hard to prevent the individuals from spending decades in prison for stealing from the welfare fraud system. Due to the exhaustive work of the attorneys, these people will serve little to no additional time in custody.

Authorities have stated that the individuals took enough money and benefits that they were not entitled to and used some of the money to purchase a very expensive house. They were convicted of welfare fraud and Los Angeles grand theft. In most cases those that commit a Southern California welfare fraud will be charged under the California Welfare and Institutions Code Section `0980(c)(2). In addition, most cases the fraud are committed by filing false documents under oath, a perjury charge will also be filed pursuant to Penal Code Section 118

Kim Johnson, James Earl Brown and Jacqueline Hervey, were all arrested in a one of the Counties largest fraud busts in recent history. These three individuals were convicted of stealing money from the Los Angeles Housing Authority, the Social Security Administration and the Home Social Services program. In total, over $400,000 was stolen.

It has become much more prevalent for those involved in welfare fraud to also file false claims for Section 8 funds. In this case, the three were able to accumulate over $100,000 in Section 8 funds in violation of the law. The heavy in the case, Johnson, was sentenced to 4 years in prison

In most cases, welfare fraud is committed by the filing of false documents with social service agencies which are responsible for dispersing large sums of money and other benefits to welfare recipients. The recipient commonly makes false statements as to assets in his or her possession, incorrectly declares the number of children in a household, makes false statements concerning whether they have other income being earned, and in some cases, the recipient claims they are the care givers for incapacitated persons and will be paid for those services, when in fact they are no doing so, or the person does not even exist.

The statute of limitations is 5 years from either the date the crime occurred, or when the fraud was discovered. The punishment for each count can be 5 years of state prison, parole or probation, full restitution for all of the monies illegally taken, the cost of investigating the crime by the State and law enforcement, a complete bar from every being able to collect social services again, and finally, being labeled for life as a criminal.

Continue reading "Los Angeles Welfare Fraud Conviction Result in Serious Consequences" »

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?" »

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff's Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver's license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Law Group may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a "valid" refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

Continue reading "Shia LaBoef Looses Driver's License After Los Angeles DUI" »

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.

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver's license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver's license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Continue reading "Heather Locklear's Los Angeles DUI dismissed" »

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person's life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Continue reading "Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction" »

A man dressed as Santa Claus opened fire at his relative's house in Los Angeles suburb of Covina killing 9 people and then shooting himself after going to the house at almost midnight. The shooter then set fire to the scene starting a Los Angeles arson and then fled the scene, traveling 40 miles to Sylmar, California and then killed himself. Had the gunman lived, he could have been charged with a Los Angeles murder. In fact, he could have faced capital murder charges, also called murder with special circumstances. In California, a person that commits murder in the commission of a Los Angeles arson crime, could be charged with the death penalty. In addition, the special circumstances of the multiple murders also could lead to the death penalty. These crimes are defended by a Los Angeles homicide crime defense attorney.

Continue reading "Christmas Eve shooting in Los Angeles Suburb of Covina Ends with Arson" »

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.

Continue reading "Christmas and Holiday Wishes From Los Angeles and Southern California" »

2008 is almost over and the star studded, celebrity crimes including Los Angeles DUIs, Southern California drug possessions, and other movie star crimes is in its final countdown for the year end.

In Los Angeles, celebrities not only entertain us in the movies, on TV and in theaters, but also on the nightly news. Just as there is a countdown to the top music hits and movies for the year, so do we countdown the top celebrity crimes and sex scandals.

A brief summary of those crimes are as follows:

Britney Spears, Paris Hilton and Lindsay Lohan have been the top eye catchers this year. Jail time, rehab time, and parenting counseling have led all stars to the front line of the blogging circuit. All have found themselves in the Los Angeles DUI headines being represented by top notch Los Angeles and Southern California DUI criminal defense attorneys.

Amy Winehouse may have won 5 Grammys this year, but she will always be remembered for her drug induced behavior including smoking crack cocaine and becoming thinner then anyone could possibly believe. Once again she attempted to find her way to rehab only to try, try again.

Actor David Duchovny made the news this year for his sex scandal followed by a confession that he was entering rehab to avoid falling into a hole of sex addiction. While Los Angeles sex crimes are waning in the last year, celebrity sex scandals are hitting an all time high. The role that Duchovny plays in his Emmy nominated role as sex-obsessed writer Hank Moody in Showtime's Californication, is eerily similar to his real life confessions. Oddly enough, he will be back again this year playing the same role on screen he is trying to vex from his system in his personal life.

Madonna did not escape the year of controversy when she was rumored to have a sex affair with the Yankee star Alex Rodriquez. This might not have seemed to be such a wild story but it was soon followed up by behind the scene statements that she and her husband of many years, Guy Richie, were breaking up.

Continue reading "Celebrity Crime and Show Business Meltdowns in Los Angeles Almost Done for 2008" »

A Los Angeles driver of a Bentley Continental was shot and killed late at night this week while driving on the 101 freeway near downtown Los Angeles. While shootings and murders are not uncommon in this Southern California city, violent crime rates with the use of weapons had recently been published as falling significantly.

Now that the person who committed this violent crime needs to contact a Los Angeles violent crimes defense attorney who has extensive experience on handling both Southern California murder cases, and who practices as a Southern California weapons crime defense attorney.

Now that the victim died, the person who pulled the trigger, or the person who knowingly drove the vehicle with the shooter inside, could be charged with murder. Shooting from a motor vehicle is a capital crime if convicted the person could be charged with the death penalty, also called capital murder.

The person who either committed this crime, or who helped in any way needs to contact a Los Angeles pre-filing criminal defense attorney. There may be several defenses to this crime, but the police will be looking to pin a murder case on who ever was involved. Even though violent crime has recently fallen, there are still many murders occurring in the Los Angeles area.

In fact, almost all of the serious crimes, except Los Angeles DUI charges handled by a Los Angeles DUI defense attorney, had been falling in recent years due to increase policing activities by local law enforcement. The unnamed motorist was driving his $200,000 vehicle on the highway when he crashed into the center median. Other cars stopped to render aide, but found that the driver had not been in just a simple car wreck, but had been peppered with bullets.

The crime scene that ensued snarled traffic in excess of 8 hours. Police state that a 25-year-old man was driving the luxury car on the freeway and was found unconscious and riddled with bullets. He was in critical condition and not expected to live when he was admitted to the hospital. He later died.

Police could not find any reason for the murder, nor were there any clues as to who was the shooter(s). Police are now turning to traffic and security cameras to see if the crime was caught on video. Police are clueless if this was a random shooting or a gang murder.

Continue reading "Los Angeles Celebrity Car Peppered with Bullets on Southern California Highway" »

The number of expungements being granted in Los Angeles and Southern California has significantly risen in recent years. Expungement is a legal word for cleaning up a criminal record. It appears that people charged with a Los Angeles DUI or other crime are now filing requests for expungements pursuant to Penal Code 1203.4 at a much higher rate then they have in the past. Why you might ask? Well in the past, criminal defendants were punished by the court and their criminal records became a part of who the person was from that time forward. Now-a-days, good upstanding people who had one or two convictions want to remain productive and not allow a conviction to ruin their life.

California courts have taken a new approach in handling these matters. The judges seem to realize that those people previously charged with a crime and having completed probation successfully are rehabilitated enough to clean up their criminal records.

If you wish to have your criminal record expunged, then you should contact a Los Angeles expungement lawyer. You will need to make sure that the attorney has experience in filing these motions and arguing them before a court. Often times the District Attorney in the courtroom will object to the expungement and it will take a capable lawyer to make the necessary legal arguments to convince a judge that you deserve the clearing of your record.

Continue reading "Expungements in Los Angeles on the Increase" »

While Britney Spears is having a great time traveling around Los Angeles and Southern California, he first husband, Jason Alexander, has been sentenced to jail time for a probation violation in his Los Angeles DUI case. He was represented by a Los Angeles and Southern California DUI defense attorney, who reached a great plea bargain in the case. However, Mr. Alexander did not comply with the terms of probation and now he has been sentenced to jail time.

You may remember Jason was the young man from her home town that Britney married in Las Vegas for a grand total of 55 hours in 2004. Pressure from the world led to a quick divorce for the two, but not before Mr. Alexander became world famous over night.

In 2006, Jason Alexander was stopped for a DUI investigation in Los Angeles and later pled guilty, and was placed on probation with strict terms and conditions. The 27 year-old was sentenced to 10 days of jail time for failing to attend 2 court ordered meetings at the Los Angeles County Morgue as part of his DUI conviction.

Along with his other terms of probation, Jason was also ordered to take alcohol education classes. Mr. Alexander will be back in court on February 2, 2009 to see the judge again.

Continue reading "Britney Spears Husband in Jail for Probabtion Violation on Los Angeles DUI case" »

An Academy Award winning screenwriter was criminally charged with the DUI death in near Los Angeles. Roger Avary, the writer of "Pulp Fiction" was charged with manslaughter in the death that resulted from his Southern California DUI almost a year ago.

After completing a full and thorough investigation of all of the facts, law enforcement charged the Ojai resident. Avary pled not guilty to the charges of vehicular manslaughter. The Ventura County Sheriff's Department officials stated that Avary was driving drunk and his car slid into a telephone pole fatally injuring a passenger, Andreas Zini, who was visiting from Italy. Avary's wife was thrown from the car and received sever injuries, but survived.

The prosecution could have filed the more sever charge of "Watson Murder" for the DUI death. Apparently, Avary hired a Los Angeles pre-filing DUI defense attorney. By doing so, facts and other information can be brought to the attention of law enforcement resulting in a more clear refined case being filed, sparing Avary a life behind bar.

Continue reading "Los Angeles Academy Award Winning Screenwriter Charged with DUI Death" »

The verdict that was heard around Los Angeles and Southern California ended today with the judge sentencing OJ Simpson to serious prison time. The jury returned verdicts for the robbery at a casino near the Sunset Strip, in Las Vegas.

Oddly enough, the man who captivated a world during the "trial of the century," was no longer being idolized. Today one of Las Vegas' toughest judges sentenced 61 year-old Simpson to a maximum of 33 years in prison. However, he will be eligible to be released on parole in as little as 9 years.

This case ended with verdict exactly 13 years to the date that the Los Angeles jury acquitted Simpson of the double murder of his wife, Nicole, and her friend, Ron Goldman. Feelings around of satisfaction rang clear from San Bernardino to Orange County to Long Beach. The general feeling in that the imprisonment of OJ was a long time coming.

A multi-cultural reaction of both African Americans and whites seemed to be almost universally satisfied with the verdict. Most felt that justice was served to Simpson, if not for this crime alone, then for the double murders in 1994.

The case that lead to his prison sentence involved a failed robbery attempt to get sports memorabilia that may or may not have belonged to Simpson. In 2007, Simpson and some of his friends brought weapons and a bad attitude to a hotel room where much of the activities were caught on audio and video recordings. Simpson denied there was a gun, but the evidence and jury disagreed.

Appeals will be filed, but for the next 9 years, Simpson will be in custody, most likely in solitary confinement for his safety.

Continue reading "Los Angeles Sees an End to the OJ Simpson Saga as OJ is Sentenced to Prison" »

During this past Thanksgiving holiday weekend a total of 8 people were killed in traffic accidents in the greater Los Angeles area. This number, while significant, is the exact same number as last year during the same period. The California Highway Patrol made this report public on Monday after the weekend ended. The CHP reported that one of those killed was pregnant at the time she died.

While the number of traffic related deaths had not changed, the number of DUI arrests in Los Angeles was up from last year. CHP officers made a total of 331arrests in Los Angeles County, up from 320 arrests last year. This rise is significant because statewide, the total number of DUI arrests was down over last year.

DUI arrests significantly harm those convicted of the charges. Not only do they have to pay high fines and costs, but in many cases, they may loose their jobs, ability to drive, and for he first time, have a criminal record. If you have been arrested or charged with a DUI, Los Angeles DUI defense attorney Michael Kraut will be able to help you.

Continue reading "DUI Arrests In Los Angeles For The Thanksgiving Holiday Were Once Again High" »

The United States Coast Guard based out of Newport Beach, California made a gigantic seizure of marijuana off the coast of Southern California this past week. Government sources claim that the pot is worth over $32 million. That could be a lot of medical marijuana. However, the Government asserts that the 9,987-pound seizure off the coast of San Diego was for illegal purposes and was not destined to stock the shelves of medical marijuana dispensaries in California.

This is considered the be the largest marijuana seizure in the history of the Coast Guard in Southern California. Because the marijuana was seized in Mexican waters, the United States does not have jurisdiction to file criminal charges. If our Government in fact does file the criminal charges, then there are numerous defenses in a case of this type and the pilot of the boat should be looking to hire a Los Angeles and Southern California Marijuana defense attorney.

Apparently, the Coast Guard was on routine patrol when they spotted a boat about 100 miles off the coast acting in a suspicious manner. The trained eyes of the Government noticed that the ship was traveling very slow, until the sun began to go down and then the vessel sped up. This caused the Coast Guard to think that something was a miss. The fact that the boat did not use lights made them think the boat was a drug runner. The Coast Guard then tried to stop the vessel based upon their suspicion. Often times, the Government incorrectly stop individuals with out reasonable suspicion. Without the assistance of a top notch Southern California Marijuana defense attorney, individuals who would normally go free, are wrongfully convicted. That is why it is so important for anyone arrested or under investigation for a marijuana crime to immediately hire a Los Angeles pre-filing criminal defense attorney to protect their rights.

Then the chase was on. For over 3 miles the Coast Guard attempted to stop the vessel like a scene from Miami Vice, the captain began to through bails of pot over board.

The Coast Guard was prevented from pursuing the vessel in Mexican waters so they passed the information on to their counter parts int he Mexican Navy. While the Mexican Navy did their thing, the Coast Guard went back and picked up 136 bails of pot.

Continue reading "Huge Shipment Of Marijuana Seized Off The Coast Of Southern California" »

The Los Angeles County Sheriff's Department has admitted to the County Board of Supervisors that they have failed to test over 5,600 rape kits with evidence of sexual assaults and other crimes. However, those same officials also state that they are not sure of the total number of kits that have gone untested. The reason they do not know the exact number is that smaller cities and towns contract with the Los Angeles Sheriff's Department to test their rape kits and they have not reported the number of their untested items. Recently, the LAPD admitted to the failure to test in excess of 7,000 rape kits that they have in their possession.

The real fear is that if the tests have not been completed within 10 years of the date of the crime, then the statute of limitations will expire. After ten years, if the criminal is caught, the State may not prosecute the rapist. Therefore, Sheriff's Department will give priority to the rape kits that are the oldest.

Many people do not know what are in the rape kits, to clarify the contents, I will explain what is often in these kits. As a former senior District Attorney now defending serious crimes, I have learned that these kits often times contain body fluids, finger nail scrapings, DNA and other items used to identify specific individuals.

Once these items are tested and the suspect is identified, then the evidence from the rape kits will be used in a court to prove the identity of the rapist.

Continue reading "Los Angeles Sheriff's Department Admits That More Than 5,600 Rape Kits Have Not Been Tested" »

Fox News' own sports commentator, Josh Booty, was arrested in Los Angeles for a DUI. He was pulled over by the California Highway Patrol in the Los Angeles area. He was then transported to the station for booking. During the booking process, Booty became angry. Officers attempted to subdue him by due to his size he was able to resist them. Soon thereafter, he was tasered two times. After the taser was used, he calmed down and the booking process completed.

Booty, 32, was well known as both a standout baseball player where he played for 5 seasons for the Florida Marlins. He then enrolled at LSU and was a star football player. After college he was drafted to play for the NFL Seattle Seahawks and then traded to the Cleveland Browns.

A homeless encampment in the City of Long Beach was rocked this past weekend when 5 bodies were found murdered. The victims all were homeless people who lived or frequented underneath a busy freeway were shot to death.

One of the major problems is that the first heavy rain of the season may have washed away important evidence from the killings of the three men and two women. The area is not one of the best neighborhoods in the city. Often the area is used for narcotics sales.

Once arrested the suspect(s) will face murder charges and most likely the special circumstances of multiple murder, making the punishment potentially the death penalty. The person or persons who might have committed this crime should hire a Los Angeles Violent Crimes defense attorney. Early retention of an attorney is a must when facing these types of charges. There may viable defenses and witnesses. The longer the delay in hiring an attorney, the greater the chance the evidence will be lost or vanish.

The California Attorney General filed criminal white collar crime charges against 8 people in the Southern California county of San Bernardino. The charges include theft crimes of money laundering, conspiracy, and grand theft stemming out of Redlands, California.

The charges arose out of a scam that has plagued the mortgage industry after so many people in the City of Redlands had trouble making their house payments. Most of the victims responded to a flier which claimed to be able to help lower house payments for those who have been affected by the recent problems in the economy. The company promised to help home owners so that they would not fall into default and loose their properties in foreclosure.

Those individuals charged in the 39 count complaint most likely knew that they were under investigation. Had they hired a San Bernardino County defense attorney familiar with the officials in Redlands, it is possible that the money could have been returned to the victims and no charges would have been filed in return for full restitution. Or in the alternative, the charges would have been minimal any quite possibly no custody time would be imposed. Now all 8 people are facing decades in prison.

The home owners responded to a flier by a fake company called First Gov, also called Foreclosure Prevention Services. Some paid as much as $6,000 to the fake company to assist them in negotiating with the banks to lower their payments. The victims waited but nothing was ever done to assist them and those charged just stole the money.

Continue reading "California Attorney General Charges 8 People in White Collar Crimes in San Bernardino" »

The City of Glendora as well as other Southern California cities will receive the brunt of more then $7 million of grant money from the State to eradicate DUI. Glendora will receive over $1.5 million to add DUI checkpoints as other operations to stop driving while intoxicated in the Southland.

Two dozen stations managed by the Los Angeles County Sheriff's Department will receive millions as well for the same purpose.

If you, or a loved one, is stopped at a DUI checkpoint or stopped for investigation of DUI then contact a Los Angeles and Southern California DUI defense attorney who practices in Glendora to help you.

Keanu Reeves took the witness stand and stated that he did not drive his 1996 Porsche into the celebrity photographer in the Los Angeles area known as Rancho Palos Verdes. The photographer is suing the famous actor as a result of what he claims are his diminished earnings as a result of his injuries.

Reeves testifies that his vehicle did not touch the photographer and that he tripped as he was walking backwards. The injuries were received back on March 19, 2007 and the lawsuit was filed back in November of 2007.

The Los Angeles City Council has just concluded hearings on the huge back log of untested rape kits held by the LAPD as part of sexual crimes evidence that the force has collected. These public hearings were all over the local television stations as victims of sex crimes and their advocates shamed the LAPD for the backlog of over 7,300 untested rape kits. In many cases, the statute of limitations has past on these crimes and those that sexually assaulted their victims could not be brought to trial.

After the hearing concluded, the City Council approved the hiring of 16 additional crime lab analysts immediately to process these samples. DNA and other samples taken from rape victims have not been processed. Sarah Tofte, researcher with the US Program at Human Rights Watch, says that the problem is not just with the processing of evidence, but in the investigating and prosecution of rape cases.

Yesterday, Mayor Antonio Villaraigosa, Police Chief William Bratton, and Councilmember Jack Weiss announced that the crime lab would be increased by 30 employees in the next six months. This, they claim, will alleviate the backlog in untested kits.

Continue reading "Los Angeles Adds Crime Lab Positions To Process Rape Kit Evidence held by LAPD" »

Los Angeles County Sheriffs arrested a Monrovia man at Disneyland after his 5 day violent crime spree. The man was arrested after he traveled through 3 different counties in Southern California committing carjackings, home-invasion robberies, and an attempted murder.

The man, Anthony Hislar, was arrested after law enforcement officials informed Anaheim police of the whereabouts of the suspect. He was then located at Disneyland and taken into custody. He was at Disneyland socializing with two people he met on MySpace.

This is not Hislar's first contact with law enforcement. Three years ago Hislar was arrested in Santa Barbara after a high speed chase with police. In 2005, he drove the wrong way on roadways. He was then arrested. Mr. Hislar needs to hire a Monrovia serious crimes attorney. Because if he is convicted of these charges, he probably will never be released from custody again.

Three years ago, Anthony Hislar was arrested after leading a high-speed chase through UCSB and Isla Vista.

After the arrest at Disneyland, Hisler was booked on more then two dozen charges and his bail was set at $3.4 million.

Los Angeles County fire officials arrived at a house fire in Inglewood, California, only to enter into the back unit and find a large marijuana grow house inside. After putting out the fire, the officials determined that there had been an electrical problem which caused them to enter into the back house. After discovering the Marijuana, police were called to the scene.

The marijuana grow operation encompassed most of the residence. The kitchen, living room, and bedroom had be revamped to include complicated lighting on timers, fans, and an inside irrigation system.

The police sized over 100 plants. The residence was unoccupied but the police believe that they know who might be responsible. There are many defenses to these crimes, but it is important to hire an Inglewood marijuana defense attorney in the Los Angeles area.

Fire officials determined that the electrical fire occurred due to the excessive power overload caused by the marijuana grow operation.

A Pomona California city councilman and candidate for mayor has been arrested last week for DUI and being under the influence of alcohol. Elliot Rothman was arrested during the evening hours and was released after he posted $5,000 bail

Rothman was pulled over by a Pomona police officer after the license plate light on Rothman's jeep was not working. After pulling him over, the officer smelled alcohol from inside the vehicle. After Rothman failed the field sobriety tests, FSTs, administered by the officer, he was taken into custody,

In an unusual move, the Pomona Chief of police was called to the scene and personally transported Rothman to jail. Other then that, there was no other special treatment reportedly given to the Councilman

Rothman was given the opportunity to take either blood or breath test. He choose the blood test, which means that the results are not readily available until it has been analyzed at a crime lab. Now he will be hiring a DUI defense attorney who can handle is case in Pomona.

Oscar nominee Ryan O'Neal and his son were arrested in Los Angeles for felony drug possession today. The Los Angeles County District Attorney's Office charged both with the crimes after the Sheriff's Department conducted a probation search of the 67 year old actor's house in Malibu.

The actual search occurred back on September 17, 2008, but formal charges were delayed until recently. The police were at the home conducting a probation search of O'Neal's son, Redman, who also lived at the malibu residence. At the time of the search the Sheriffs found methamphetamine on Redman and in his father's bedroom. That lead to both being charged with felony possession. It is anticipated that he will hire a Los Angeles criminal defense attorney who practices in Southern California.

Redman was previously convicted in June of this year for felony drug possession and a misdemeanor of driving under the influence. At the time his car was pulled over, law enforcement found

Last year Redman, whose mother is actress Farrah Fawcett, was arrested for driving under the influence of a controlled substance. When he was search police found that he was in possession of heroin and crystal meth. He plead guilty and was not given any jail time but was placed on probation with serious terms and conditions.

Continue reading "Ryan O'Neal and Son Charged with Felony Drug Possession in Los Angeles" »

Murder charges may now result from the Marek Fire in the San Fernando Valley. Fire officials came across the charred body of a homeless man and his dog trapped in an out building after clearing the fire away from one portion of the Valley. If this fire was purposely set, then the person who set the fire may be charged by the Los Angeles District Attorney's Office with murder with special circumstances. In plain language that means that the person who set the fire could be given the death penalty.

Law Enforcement has stated that the man apparently died as a result of smoke inhalation. His body was found in a small building along with his dog. The fire has now jumped the 118 freeway and threatening thousands of homes in the area of Porter Ranch. Over 3000 homes are threatened.

What began as a suspected arson has been elevated to a murder charge if the person who started the fire is caught. A Southern California criminal defense attorney is best suited to counsel and represent any person involved with this fire. An aggressive attorney who has previously worked as a senior trial prosecutor for the District Attorney's Office, and has prosecuted arson and murder cases previously may be in the best position to assist someone charged with these crimes

This morning homes and other property in the San Fernando Valley woke up to flames caused by an arsonist. The fire began at 2 AM on Sunday morning and is suspected to be caused by an arsonist. By early Monday morning, 3,200 acres had burnt so far and with 60 mile per hour Santa Ana winds feeding the fire. In the early morning hours the containment was good until sometime after 7 AM when the winds picked up the number fell to 5% containment. The fire then spread to an additional 1500 acres. The fire is being called the Marek Fire because of the location.

The resources that have responded to this crisis have been amazing. Over 200 fire engines have been assigned to fight the fires . LA County and LA City Fire Departments have assigned over 1000 fire fighters, plus police and other law enforcement personnel to assist the fire personnel.

A mobile home park was fully engulfed in the flames and so far as many as 10 homes have already been lost. People and horses were being evacuated.

Because the fires are now presumed to be suspicious in origin, the police and fire investigators are trying to locate the suspected arsonist. Arson in California is a very serious crime and is considered a "Strike" offense and is punishable by 8 years in prison. Anyone convicted of this serious crime will also be required to pay restitution to all of the victims who lost homes and property as well as the full cost to law enforcement. Anyone suspected of being involved with the fire or is hiding the person who started the fire should immediately hire a Los Angeles arson attorney.

Only a few minutes ago OJ Simpson , and his co-defendant were convicted of 12 different felonies. As most people know 13 years ago the Los Angeles County District Attorney's Office unsuccessfully tried Simpson on double murder charges. He was acquitted of all charges and was immediately set free. Soon thereafter he moved to Florida.

Simpson was never able to stay out of the news. Repeatedly he was hauled into court to face one charge or another however there was never a conviction. That all changed today. Simpson and his co-defendant, Mr. Stewart, now face a minimal of 15 years to life for the crimes that occurred at the Palace Station Hotel and Casino. Simpson is currently 61 years old. That means that Simpson will be at least 76 years old before he is eligible for parole.

Simpson faced a dozen charges stemming from a conspiracy between Simpson and five associates . They all stormed into the room of a sports memorabilia collectibles dealer. Many of the items that Simpson was convicted of stealing were given by Simpson to the dealer to avoid paying the multi-million dollar civil judgment . That Judgment was owed to the Goldman and Brown families after he was convicted in civil court in the deaths of Ron Goldman and Nicole Brown Simpson. All but one of his associates pled prior to trial, many of them ended up testifying against Simpson.

Continue reading "OJ Simpson Convicted 13 Years To The Day He Was Aquitted In Los Angeles of Double Murder" »

This past Saturday night actress Heather Locklear, well known for her starring role in Melrose Place, was arrested for driving under the influence of drugs near Los Angeles. The press is reporting that the former spouse of Bon Jovi was seen driving erratically when leaving a parking lot. She was later found by a CHP Officer stopped and blocking a highway in an upscale neighborhood.

As the CHP Officer spoke to Ms. Locklear, he noticed that she appeared under the influence of prescription drugs. She was arrested and booked for suspicion of driving under the influence of drugs.

California Vehicle Code Section 23152 makes it illegal to drive under the influence of either drugs or alcohol. Many people believe that the drugs must be illegal. That is not true. The code only requires that the person driving the motor vehicle be operating the car under the influence of a drug or alcohol.

Continue reading "Actor Heather Locklear arrested outside Los Angeles for DUI with Drugs" »

In 1994 Nicole Brown Simpson and her friend Ron Goldman were brutally murdered in Los Angeles California and OJ Simpson was tried and acquitted of those crimes. Now it is 2008, and OJ Simpson is now on trial in Las Vegas for kidnapping and robbery. The court and the attorney's are trying to question the prospective jurors to see if they will be able to put their thoughts about OJ Simpson aside to give him a fair trial. Both Kidnapping and Robbery are considered violent crimes, and the penalties are sever. Both are serious felonies.

Continue reading "Will OJ Simpson be convicted in Vegas because Jurors think he committed murder in Los Angeles" »

Movie star and actress Mischa Barton, 22, recently admitted that she checked herself into rehab after her December 2007, arrest for DUI in Los Angeles. Barton stated that by checking herself into rehab that it helped her get a reduced sentence. She stated that:

"It really helped in getting the more serious aspects of my case dropped because, you know, that's what they want to hear; you're not an alcoholic and you don't have a problem."

In April, 2008, with the use of a Southern California criminal defense attorney, Ms. Barton pled out the DUI case for 36 months of probation, fines and alcohol education classes.

This past week a 15 year old boy in Montebello, CA, a suburb of Los Angeles, was charged with two counts of murder for the shooting death of a man and his 12 year old son at a graduation party. The Los Angeles County District Attorney's Office charged the minor as an adult and filed 2 counts of murder with the use of a gun against the teen.

In California, the prosecution may file adult charges on a minor that commits certain violent crimes. One of those crimes of course is murder. Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought is defined as an intent to kill. The LADA's Office also charged this minor with a gang allegation. The gang allegation is charged under Penal Code Section 186.22. This is used to prove intent and motive for the killing. For example, the prosecution wants to prove that the killing was intentional and was planned a head of time. This would make the level of murder 1st degree murder. The punishment for first degree murder is 25 years to life. The fact, as in this case, the defendant is charged with a second murder increases the penalty and punishment even higher. California criminal law allows for a person convicted of multiple murder to be sentenced to death or life in prison without the possibility of parole. Because the defendant charged in this crime is a minor, by law, he is not allowed to be given the death penalty and the judge would have to sentence him to life in prison without parole.

Because the defendant is also charged with shooting the two victims, he faces another 25 years to life for the use of the gun in each count. Therefore, the defendant faces a maximum sentence of life without the possibility of parole plus 50 years to life for the gun allegation.

Continue reading "Teen Charged as an adult with double Murder in Los Angeles" »

Hurricane Gustav hit Louisiana on Monday just as expected. Government officials state that they had learned many lessons as a result of the poor response and preparation three years earlier when Katrina hit the gulf coast. This time crime was going to be handled more severely and immediately. Mayor Ray Nagin stated, "looters will go directly to jail. You will not have a free pass pass this time.

I am sure that everyone remembers watching the TV after Katrina when the news cameras caught footage of people looting stores, homes and even vehicles left on the street. Memories of the Los Angeles riots were rekindled in peoples minds as we watch as city residents broke windows and took items that did not belong to them

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This past week there was a new turn of events on the recent crime wave of robberies on Melrose Avenue in Los Angeles. For the eighth time in recent weeks a group of young men have held up shoppers taking their personal possessions and scaring these victims. Some news reporters have incorrectly stated that the culprits were committing armed burglaries.

In California, robbery is defined by Penal Code Section 211 as the taking of personal property of some value, no matter how slight, from the immediate presence of another person, by the use of force or fear. The force could be a gun or other weapon. The fear element means that the person being robbed felt fear for their safety, or the safety of another person. It is punishable by jail or prison and and fines.

There are two types of robberies, first degree robbery and second degree robbery. Robbery of the first degree is when the person commits a robbery as defined previously, but the robbery occurs either at an ATM, in the home of a person, or of a taxi or bus driver. The more common form of robbery is robbery of the second degree. These are all other types of robberies, such as street muggings.

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