Lawyers.com Blog

How will an Out of State DUI Affect my California DUI?

nospam@example.com (Matthew J. Ruff) — Sun, 15 Nov 2009 14:22:13 -0500

Here is the scenario: A person has one or more convictions for DUI in an out of state venue. That person now picks up a new DUI in California. What should the person be concerned about? First, they need a California DUI Attorney that is familiar with the ramifications of out of state DUI's in CA Courts. The primary requirement for the out of state DUI to qualify for a prior in California is that it be the equivalent of a CA DUI for all purposes.

This means it must have the same elements as that of VC232152 a or b. The major area of challenge is usually that the home state does not have the same "driving" requirements. That is, CA requires actual driving as opposed to a state that merely requires control. This is the case of many states where simply being in the driver seat while drunk. California requires some movement of the vehicle to qualify as driving.

More challenges are available to attack out of state priors in California, consult an attorney for help in these situations.

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Immigration Implications in Criminal Court

nospam@example.com (Matthew J. Ruff) — Fri, 13 Nov 2009 16:30:32 -0500

The "Balloon Boy" case has brought to issue the ramifications of immigration consequences within the criminal law context. As a Los Angeles Criminal Defense Attorney I have seen countless instances where defendants take a "deal" on a case where they otherwise be innocent in order to avoid the possibility of being deported. This seems to be the case in the balloon incident where the husband is pleading guilty to avoid having the wife be deported back to her home country of Japan.

This type of coercion should be disallowed in criminal court and the federal authorities should nort be permitted to impose harsh penalties in order to get people to plead guilty to questionable crimes.

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Sealing Juvenile Criminal Records in California

nospam@example.com (Matthew J. Ruff) — Wed, 11 Nov 2009 13:07:26 -0500

The question many parents have regarding their child's criminal juvenile case is whether the criminal record can be sealed when the child turns 18. The answer to this common question is it depends on the nature of the offense. For example, most non violent felony cases can be sealed, however, if the offense is a violent felony such as robbery or murder, the answer is not so clear. When a minor is convicted of these types of offenses, the sealing of a record becomes more tricky. If the juvenile is under 14 years of age it is likely that the record will be sealed, if the minor is 14 or over it is not as easy.

In any event, the help of a good juvenile attorney can be invaluable when facing juvenile sealing issues.

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What to expect on your first appearance in criminal court

nospam@example.com (Matthew J. Ruff) — Sat, 07 Nov 2009 12:20:36 -0500

For many, the prospect of appearing in Court can be a terrifying experience indeed. Among the questions are What should I say to the Judge? Will the Court require that I post bail? Should I appear with an attorney? etc.

What you must understand is that no one inside the judicial system cares about your case. The only individual that cares is a retained attorney who will be acting as your advocate. Without an attorney you will be at the mercy of a public defender who is often overworked and underpaid. Do not get me wrong, public defenders are often great lawyers with a good heart, however, due to budget problems that stack too many cases in the lap of one person, the public defender cannot put the individual time required in any one particular case.

The first appearance is called the arraignment, During the arraignment or any proceeding in front of the criminal court, a criminal defense attorney can bring a motion to reduce bail. The judge decides whether to reduce bail and will consider the client's risk of flight and danger to the public. In a felony case, if your attorney is asking for an O.R. release, the court will most likely set the matter over for an O.R. hearing and order an O.R. report on the defendant. This process usually takes a week.

Special appearances occur when the criminal defense lawyer appears in court to ask for a continuance (a continuance is a request to postpone the proceedings to a future date) because they have not yet been retained by the defendant and the attorney has not been able to prepare their defense. Special appearances can only be made at the first appearance/arraignment.

In conclusion, although a defendant can proceed without a lawyer, it is not advised.

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Underage DUI Offenders Face Different Challenges in Court

nospam@example.com (Matthew J. Ruff) — Sun, 01 Nov 2009 21:12:58 -0500

California Law proscribes that anyone with a .08 or higher blood alcohol level will be in violation of 23152b of the vehicle code. However, that law does not cover those that are under the age of 21. Most Underage DUI Lawyers will tell you that the current trend of the law is to tighten enforcement for minors who drink and drive. Nowadays, the standard for illegality is .01 or higher for purposes of drivers license suspension and a .05 or higher is a seperate crime from which an individual can face significant criminal penalties.

At one time law enforcement was comfortable turning their heads to the problem of underage drinking, not so anymore. California has taken the lead in enacting new legislation covering minors drinking and driving. In criminal Court judges now have the power to suspend licenses and impose probation on underage drivers that choose to imbibe alcohol before they turn 21.

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California Court Finds Methamphetamine Use Insufficient for DUI

nospam@example.com (Matthew J. Ruff) — Sat, 31 Oct 2009 18:35:55 -0400

Recently, in the case of People vs. Torres a California Appellate Court tossed out a conviction for DUI in a case where a jury found the defendant guilty of driving under the influence of DUI. As a Los Angeles DUI lawyer I have seen this scenario many times. The Court found that there is substantial evidence Torres was under the influence of ethamphetamine when he was arrested. He admitted recent methamphetamine use, he exhibited symptoms consistent with recent methamphetamine use, and his urine tested positive for high levels of methamphetamine and its metabolite, amphetamine. There is also substantial evidence methamphetamine use can impair a person's judgment, focus,and psychomotor skills in ways that might make the person an unsafe driver. Both Morales and Bawardi offered expert testimony relevant to this point.

However, there is no evidence Torres's methamphetamine use actually impaired his driving ability on the night of his arrest. Both Morales and Savage observed Torres and neither testified he was driving erratically. Savage pulled over Torres for failing to stop at the limit line, a common traffic violation that Bawardi testified is not sufficient to establish a person is under the influence for driving purposes. Bawardi also testified symptoms of fidgetiness, sweatiness, and a high pulse rate do not make a person an unsafe driver. Although she testified dilated pupils from methamphetamine use might cause momentary blindness during driving, there is no evidence Torres experienced such blindness. The DUI (23152) conviction was overturned.

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The Danger of Hiring a Lawyer from"Jail Mail"

nospam@example.com (Matthew J. Ruff) — Sat, 24 Oct 2009 14:14:10 -0400

In California, as in many parts of the country, the law allows companies to buy information from local police departments that contain the names and addresses of persons arrested for criminal offenses. This information is then sold to attorneys that send letters to the people soliciting legal services. In my experience, most folks find this to be an incredible invasion of their privacy and is very unnerving to recieve at their home. The danger exists in the sense that many of these lawyers do not have the experience or the reputation to get clients from other sources and often engage in "puffing" or in some cases outright misrepresentation in an effort to get a client in this manner. Caution should be exercised when responding to jail mail as the decision that you make when hiring an attorney could be very costly in the end.
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Is Anger Management Counseling Required in all Domestic Violence Cases?

nospam@example.com (Matthew J. Ruff) — Mon, 19 Oct 2009 08:47:29 -0400

California interprets domestic violence as any case involving a family member, a spouse, past or present or anyone with whom you have had a dating relationship with. As a Los Angeles Domestic Violence Attorney , I am often asked whether anger management classes are required if a person is convicted of a crime involving a person described above. The answer is, if convicted then yes. If an individual is convicted or pleads no contest to any crime involving a person coming within the definition of "domestic" then the judge will require the completion of anger management classes as a term of any deal struck with the prosecutor. The failure to complete these classes could result in the imposition of jail time or some other judicial sanction

This requirement applies even in cases where the charges are reduced to disturbing the peace or trespassing or any offense where probation is required. There are ways to get around this requirement however and an attorney can help with the process.

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Over 30 arrested, Including a City Manager, in Los Angeles Prostitution Sting Operation

nospam@example.com (Matthew J. Ruff) — Sun, 18 Oct 2009 08:09:08 -0400

An El Monte city manager was arrested early this week on suspicion of soliciting prostitution in Pomona according to a local Los Angeles Prostitution Defense Attorney . The city manager, was among 30 suspects arrested during a six-hour sting, which began at 6 p.m. near east Holt Boulevard. The disgraced city official was cited, given a court date and released, Pomona police said. The city official referred all questions about the arrest to his attorney on Friday. A phone message left for the attorney representing the city manager was not immediately returned according to news sources.

The El Monte City Council has scheduled an emergency meeting for Saturday at 12:30 p.m. The council will consider in closed session whether the city manager should be terminated, according to the meeting's agenda. It has also placed on the agenda "consideration of appointment of city manager."

The sting involved undercover police officers posing as both prostitutes and customers in an area known for heavy prostitution activity, according to a police official. Twelve women and 18 men were arrested in the sting. The men without outstanding warrants were cited and given a court date, the police department said.

These types of sting operations usually employ an undercover police officer working as a decoy, but in this case, given the fact that both women and men were arrested, it would seem the police were targeting both the johns and the actual prsostitutes.

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Is Theft from a person a felony?

nospam@example.com (Matthew J. Ruff) — Sun, 04 Oct 2009 13:50:08 -0400

In California the law recognizes two distinct types of theft classifications, petty theft and grand theft. As a Los Angeles Petty Theft Defense Attorney, I am frequently asked the distinction between the two and whether if the theft is from a person is it always grand theft. First, the main difference between the two is petty is a misdemeanor and grand theft is a felony. The threshold inquiry is the value of the property taken. Usually, if the value of the item is less than $400 than it is regarded as petty theft and if over than grand theft.

However, if the theft is from the person, say a pickpocket or purse snatch than the offense is always grand theft regardless of the value of the property taken. I hope this helps clarify the issue for those seeking information. A lawyer should be consulted to answer specific questions about any given case due to the compexities and intricasies of criminal law it is never a good idea to rely on general information if you are facing theft allegations.

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Criminal Defense Attorney sees Extortion on the Rise

nospam@example.com (Matthew J. Ruff) — Sat, 03 Oct 2009 16:50:16 -0400

With the economy in the pits and many folks out of work it is no surprise to see people reosrting to criminal acts such as extortion in order to make ends meet. The Letterman case is but the tip of the iceberg when it comes to extortion attempts against celebrities and the rich. Due to the huge potential to make big money quick, the extortionist looks for those who have put themselves in compromising situations such as extramarital affairs and other embarrasing situations when viewed publicly. In spite of the risk of going to jail and being convicted of a felony, many continue to pursue blackmail of the wealthy with the expectation of not being caught.

In California, for example, the offense has garnered much attention in the past few years due to actors, public figures and the generally rich not willing to expose the extortionist to law enforcement. My hat is off to David Letterman for choosing to take the high road and confess, tell law enforcement and the police about the blackmail and allow the system to deal with the scumbag.

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Is a DUI for drugs the same as a DUI for alcohol?

nospam@example.com (Matthew J. Ruff) — Sun, 27 Sep 2009 11:29:48 -0400

In California, the vehicle code does not differentiate a dui from drugs versus alcohol, the statute is found in vehicle code section 23152, which allows for a DUI for either drugs or alcohol or both. With that being said, as a Malibu DUI Attorney, I have seen countless cases of arrests for drug impairment, alcohol impairment and both alcohol and drugs and I have seen the prosecution of these cases with mixed results. Here is the diffierence between a DUI for drugs and that of booze:

First, there is no APS suspension for drugs alone, in other words, if arrested for a DUI drugs, the officer should not take your license and give you an admin per se suspension notice, unless you are suspected of having a .08 percent or more of alcohol in your blood. Second, for drugs, there is no per se level of impairment as there is for alcohol, which in California is a .08.

These are the two major distinctions between a DUI for drugs and alcohol. Needless to say an attorney is always a good idea when you have been charged with a DUI for either alcohol or drugs. Proving impairment from drugs can be more challenging for the prosecution and the science is not often in agreement when it comes to driving while under the influence of certain drugs like marijuana.

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What is an "APS" hearing?

nospam@example.com (Matthew J. Ruff) — Sat, 26 Sep 2009 10:10:21 -0400

An "APS" suspension is grounded in the vehicle code in California's widely used "implied consent" laws: the law provides that any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. Many legal experts have argued that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Further, it has been argued that it constitutes "double jeopardy": that is, the individual is being charged with a criminal offense and punished (including a license restriction) in criminal court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a DMV license suspension is simply an "administrative sanction", not a "punishment"!

The APS hearing is conducted by a DMV hearing officer who is an employee of the DMV. This individual, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a mini court trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field
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Sobriety Checkpoints in the South Bay this weekend

nospam@example.com (Matthew J. Ruff) — Fri, 25 Sep 2009 23:42:16 -0400

The South Bay DUI task force will be conducting DWI sobriety checkpoints from: 7:30 tonight to 3 a.m. Saturday in the eastbound lanes of El Segundo Boulevard at Halldale Avenue in Gardena California.

seven this evening until 3 a.m. Saturday on Alameda Street north of Sepulveda Boulevard and on Avalon Boulevard north of Carson Street in Carson. Various police agencies will be participating in the exercise.

7:30 p.m. Saturday to 4 a.m. Sunday at Rosecrans and Isis avenues in Hawthorne. Remember, law enforcement will be watching the turnout or escape lanes very carefully so do not make ant unsake lane changes or illegal turns, if so you will be stopped and investigated.

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Must I let the police search if they ask?

nospam@example.com (Matthew J. Ruff) — Tue, 22 Sep 2009 21:42:10 -0400

The answer to this question is an unequivocal no. In fact, the police have every legal right to ask for your permission to search your car or home. However, you have every legal right to let them know that you do not want the intrusion of a search. Unless there is probable cause to search, the police have no business looking through your personal items. The United States Constitution mandates that all people shall be free from unreasonable searches and seizures. What type of governmental conduct is deemed unreasonable, and therefore unconstitutional, is determined by the particular facts and circumstances of each case. However, some hard and fast rules do provide guidance. First and foremost among these is the core principle that all police searches, unless conducted pursuant to a warrant, are per se unreasonable, therefore unconstitutional. There are, however, certain well-crafted exceptions to the warrant requirement, permitting warrantless searches when the requirements of the relevant exception are met, a lawyer should be consulted to address the specific factual scenario in your case
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