Category: Uncategorized

How Can I Win a DMV Administrative Per Se Hearing After my DUI Arrest?   The scenario goes something like this: You get arrested for DUI. Your world is suddenly upside down. Your driver’s license was taken by the cops and you have a pink sheet of paper that you can’t read. You have a court date in a few weeks and you don’t know what to do.   Well, you do what everyone else does and search Google for lawyers and legal advice. You talk to one lawyer, 4 sales reps for lawyers and one legal secretary. They all …

The Modern Criminal Defense Lawyer in California Virtual offices. Video conferencing. Paperless files. Remote court appearances. This is the new normal. But many of the same old rules still hold true. Don’t hire your lawyer based on a Google search. Don’t hire the guy on the first page of Yelp with 4oo five-star reviews. Does your lawyer have a webpage for every Penal Code Section in California? That guy is paying a marketing company tens of thousands of dollars per month (or more) to get him there. Ask your friends and family for a referral to a lawyer they were …

Fight Every Commercial Driving Ticket, Period There is no downside to fighting most tickets.  If we plead “not guilty” and set the ticket for trial, the cop gets ordered to go to court. If he doesn’t show up, the case gets dismissed. This means, if he is on vacation and doesn’t show up, if he is on training and doesn’t show up, if he is injured and doesn’t show up or for any other reason, if he doesn’t show up, the case goes away. If he does show up, you can: Try and negotiate a better settlement with him, or …

Your ass is on the line. Your job is on the line. Your liberty is on the line. You’ve been arrested and you need to find the right lawyer for the job. Do you still really want to hire a lawyer you find on the internet? Google can be a great resource, but it is simply not the best way to find the best lawyer for the job. Did you at least get a second opinion or did you simply hire the first person to answer the phone (or call you back)? For years I have been telling people to …

Crime Victims Have Rights Too I’ve been getting a lot of calls lately from people telling me they have been the victim of a crime. It’s true that normally I represent people who have been arrested and charged with a crime. Sometimes, I do represent victims. It is common that crime victims don’t get the support they need from police, prosecutors and the court system. While there are systems in place to help crime victims, those systems are overburdened with virtually unmanageable case loads and more serious cases that tend to take priority. What to do if you are the …

Arrested for DUI in California Don’t make yourself crazy. Don’t spend countless hours searching the internet for advice. Don’t call 17 random lawyers from the internet.  Don’t call any lawyers who send a letter to your house after you are arrested. Do call a lawyer to whom you are referred. Yes, ask your family, friends or trusted associates if they know a good criminal defense lawyer. If your friend liked their lawyer, that’s a great place to start. If you don’t know any criminal or DUI lawyers, ask a civil lawyer if they have a friend that does it. Most …

Arrested for Domestic Violence in California Getting divorced. Bad brake-up. Vindictive ex.  Just a bad night. There are many reasons why people get arrested for domestic violence.  It could be battery, vandalism, criminal threats or other charges. Whatever the charge and whatever the reason, once the wheels of “justice” start turning, things seem to roll downhill fast. And, once the train starts down that track, it is hard to get it stopped. The first thing that any good lawyer will tell their client is to remain silent.  It’s often difficult, but I would encourage my clients to both remain silent, …

Injured in an Auto Accident in California? I write a lot of blogs about DUI.  I write a lot of blogs about hit and run.  I don’t write a lot of blogs about what to do if you are the victim of crime.  It happens all the time and many people don’t know what to do when you are the victim.  The police don’t really help you.  The prosecution doesn’t really help you.  Your insurance company doesn’t really help you. It takes an advocate to get you where you need to go. I’m going to start with some basics here:  …

Victim Restitution in California Criminal Cases I’ve spent a lot of time in the last year dealing with issues involving restitution in criminal cases in California.  Restitution is basically about compensating victims of crime for their out of pocket expenses.  In theory, defendants in criminal cases should be ordered by the court to pay these expenses to their crime victims. Expenses could be: Medical bills, loss of work, therapy, property damage or loss of use of property and even legal fees to try and collect the money. After someone is convicted in court, the court and/or the prosecution should inquire …

TEN WAYS TO AVOID A DUI ARREST THIS FATHER’S DAY WEEKEND Drink on an Island. Did you know they don’t allow cars on Catalina Island? They do have electric golf carts, so you may still have to be careful. Fly somewhere. From Burbank Airport you can get to some really great spots for about $100. Vegas and San Francisco are both only about an hour away. Try walking to dinner (or drinks). I’m from Los Angeles too, but I know it’s possible to walk to dinner. You might even get some exercise. Drink at home. Have a BBQ in the …

DUI, the Most Common Crime and it Could Happen to You DUI arrests are on the rise since the end of Covid.  More people are out and about, mixing and mingling, and generally being themselves again.  Convictions after a DUI after a DUI arrest are nearly 70%.  This does not include reductions for Wet or Dry Reckless or any other lesser convictions.  The average age of a Californian arrested for DUI is 31.  If you think you’re too old or too young, you’re wrong.  And, if you are Hispanic, you are even more likely to get arrested for DUI.  Hispanic …

Why Are Jury Trials So Expensive? I’ve been a criminal defense lawyer in California for well over of 20 years now.  I’ve done my share of jury trials, bench trials, traffic trials and even some civil trials.  Trials don’t actually come around that often for people like me.  Most cases settle.  Trials are risky. Clients often have to miss work for several days to get through a trial.  And, yes, trials are expensive. When I get hired on most of my cases, I quote a fee for entire case, without trial.  It’s normally a flat fee that covers whatever I …

IS IT EVER TOO SOON TO MEDIATE YOUR CASE? Mediate early and often is a money-saving and time saving concept which should be considered by many.  I just heard that one Ventura County trial judge has 800 civil cases on his docket.  Even if only ten percent of those cases went to trial, that would be eighty trials.  That could take two years of trials going every single day.  Your trial isn’t going to start until some day in 2026, if you are lucky.  There must be a better way. You have a dispute or a claim with value.  You …

GUN CHARGES AND YOUR SECOND AMENDMENT RIGHTS IN CALIFORNIA   Over The last twenty plus years I have represented people charged with anything from ammunition to explosives, from gun modification to manufacturing, and from assault to multiple homicides.  I’ve found a few similarities in client needs in my career.  Not only do clients want the best result that can be achieved, but they also want to do anything possible to keep their gun rights.  And, if it’s absolutely impossible to keep client gun rights in the short term, then we have to shift to the long term and make sure …

Assault With a Deadly Weapon vs. Attempted Murder; Criminal Defense Perspective in California Law But I didn’t try and kill anyone.  I hear it a lot.  So why am I charged with attempted murder and not assault with a deadly weapon?  It’s a very serious and complicated legal question.  First, the decision to charge crimes is in the exclusive discretion of the district attorney.  A lawyer or lawyers at the DA’s office decide if a crime should be charged as an attempted murder and the defendant could face life in prison, or the crime should be an ADW and the …

I just had another huge victory in Van Nuys Court.  My client was charged with residential burglary.  That is a felony.  That is a strike.  That is a presumed prison sentence.  I just got all charges dismissed in Superior Court in Van Nuys. The case went down like this:   A young woman called 911 after she heard a prowler outside her window at 3 a.m.  The police came out and didn’t find any suspects but did find the window screen removed from her exterior window.  Police called out their forensic team and they took photographs and lifted fingerprints.  My client’s …

Probation Travel Restrictions Lot’s of old clients have been calling since about Thanksgiving time asking for permission to travel for the holidays.  When clients are on felony probation, they cannot leave their home county for more than 72 hours without permission from the court or the probation officer.  They cannot leave the state at all without permission. When clients try calling probation, they usually get a voicemail.  They rarely get a call back.  When clients walk in to see probation, they normally get the same response: Go ask the judge. I wouldn’t think it would be so hard to get …

Increased Penalties for Hate Crimes in California California’s Assembly Bill 2282 increases penalties for the display of hate symbols that are placed “for the purpose of terrorizing a person”. The bill criminalizes the Nazi swastika (with explicit protection of the Buddhist, Hindu, and Jainist swastikas with history as a peace symbol), the display of a noose, the burning and/or destruction of a cross or other religious symbol, and “a sign, mark, symbol, emblem, or other physical impression including but not limited to a Nazi swastika” on another’s private property. Under this law, the one who displays the hate symbol can …

Wet Reckless in Ventura County…It’s a Thing Now A recent policy with prosecutors in Ventura County is allowing the plea bargain of DUI’s.  In the 27 years I have been practicing law in California, there was only one Alcohol Related Reckless Driving offense given out in Ventura County.  Most people don’t even know about it.  That’s because the district attorney then, Michael Bradbury, didn’t authorize it.  Actually, he strongly opposed it.  The problem was that his office wasn’t prosecuting the case.  It was the State Attorney General handling the case because the defendant was a Ventura County employee and the …

Why I Handle Personal Injury Cases in California? I have been practicing law for over 25 years.  I still get people who tell me they didn’t know I handled personal injury cases.  I have a small practice that deals mostly with criminal cases in California.  Occasionally, I go to Federal Court.  Occasionally, I travel to other states when my client’s ask me to.  Mostly, I hang around Southern California from Santa Barbara to Orange County and anywhere in between.  I don’t advertise, but I do get friends and family and other referrals who call me about handling their injury cases.  …

For years I’ve been telling people not to believe everything they read on the internet and not to believe everything a lawyer tells you before you pay him.  I get emails almost every day from people claiming they can improve my damaged reputation.  I may be damaged, but my reputation is pretty darn good.  About every ten years I get a review from some former client saying that I am evil or wasn’t nice to them or some such thing. The last negative review I got was from a client on a criminal threat case.  Unfortunately, I had to declare a …

Diversion in California Criminal Cases Diversion a word that we have been hearing in California criminal cases for decades.  Before 1997 we had informal diversion in low level drug cases.  The benefit was that clients would not have to plead guilty to a felony in order to take advantage of the program.  If they finished the program successfully, the case got dismissed without any conviction or sentence.  After 1997, the law changed.  Diversion became “deferred entry of judgment”.  This meant that you would have to plead guilty and get “convicted” of the charge.  The conviction would not become permanent if …

Prosecutor MUST Consider Immigration Consequences in Plea Negotiations Under California Penal Code Section 1016.3, There are certain mandatory obligation of both the defense and the prosecution.  “The defense lawyer must provide accurate and affirmative advice about the immigration consequences of a proposed disposition….” It seems kind of funny that they have to make a law telling the defense lawyer he needs to do his job.  But, what used to happen is a defense lawyer would try to compartmentalize the job and tell the client to go consult with an immigration lawyer.  Not so fast, said the legislature.  Defense lawyers now …

What Happens After the Preliminary Hearing? Clients are quick to hire lawyers who quote them low up-front fees for what are often very serious felony cases.  The lawyer gets on the case, he is unable to settle the case in a manner that makes the client happy and then the case gets set for a preliminary hearing.  With little communication, lawyer comes back to court, conducts the preliminary hearing, defendant is held to answer and lawyer is never to be seen again.  “What do we do now”? You ask the lawyer as he is walking away. “We don’t have any …

Tactical Representation of Victims in California Domestic Violence Cases For a number of years, I have been representing victims in domestic violence cases.  If you think it sounds strange for a career defense lawyer to represent victims, let’s take a closer look: There’s a fight at home.  Husband and Wife are arguing about money, kids, drinking, cheating, you name it.  In a fit of rage, Wife calls 911.  The cops come out and arrest Husband.  A felony arrest, almost every time.  Bail in Los Angeles: $50,000.  In Ventura: $20,000. By morning, tempers subside.  Husband is home now but is 2 …

NEW DMV LAW IN CALIFORNIA DUI CASES A new case came down that is very significant in California DUI casesDUI Defense.  The case is called CDLA vs. DMV and it has to do with the patent unfairness that has existed in DUI hearings for many years.  By way of background, when we are arrested for DUI in California and our blood alcohol was .08 % by volume or higher, the arrest also triggers an Administrative action by the California Department of Motor Vehicles.  The arrest actually causes an automatic suspension of the driving privilege.  That’s right, an automatic suspension.  Sounds …

I’ve been practicing law for a long time. I’ve learned that not all clients take the same level of responsibility in dealing with their criminal cases.  I understand this.  In my personal life, I have been known to try to ignore things and hope that they go away.  They don’t.  Things don’t just go away.  Especially not criminal or DUI charges in California. Clients frequently tell me that they feel better after they hire me.  I’m glad to hear this.  My job is to make things easier on my clients.  But this doesn’t absolve the client of any responsibility at …

The Difference Between a First and a Second DUI If you think you’ve been down this road before, you are likely mistaken.  There are huge differences between a first and a second DUI.  A first DUI seems like a bit of a walk in the park.  Yes, you had to jump through some hoops and yes, you had to take out a loan to pay for your new auto insurance policy, but there wasn’t any jail, and the alcohol school was only three months long.  No big deal, right?  Wrong! Do you remember the warning the judge gave you…The one …

Why Don’t Criminal Defense Lawyers Charge by the Hour? Most potential clients ask about my fees before they hire me.  In almost every case, I am required to provide the client with a retainer or fee agreement showing the client exactly what they are getting and exactly what they are paying.  The agreement lays out the terms, whether hourly or flat fee.  It lays out the location and type of case.  It even details the extent of the work, especially if the agreement is limited in scope. Most criminal and DUI defense lawyers in California charge flat fees.  I’m not …

Expungements are an Inexpensive Way to Bury Your Criminal Record If you’ve been convicted of a crime, almost any background check will reveal your criminal history to your potential employer.  If you want to travel, some countries – like our neighbors to the north will deny you entry for things as simple as a DUI.  That’s right, Canada sends people back to the U.S. if they have a DUI on their record. Are you looking to get promoted at work?  Do you want to get a state license to be a contractor, realtor, nurse, teacher, or other career position?  One …

How Much Does It Cost to Hire a Lawyer for my DUI in Los Angeles? Public defenders are paid by the county where they work.  Private defense lawyers set their own fees and are paid by their individual clients.  Most criminal defense lawyers in California charge a flat fee for their services.  This normally means, you pay one fee and the case settled.  An actual jury trial might cost more money, but most cases don’t go to trial. How come the costs from one lawyer to the next differ so much? How much a lawyer charges defends on many factors …

Practicing Law in the Time of Covid;  Criminal Defense in Southern California Practicing law during Covid has been both good and bad for me.  On the plus side, I haven’t been driving as much with advent of electronic appearances.  This saves time, money and dry cleaning.  But, kidding aside there have been some very good deals on the table under the guise of “Covid” offers and settlements.  Additionally, the Los Angeles County District Attorney’s Office has found itself dramatically understaffed for some time now. What does this mean for my clients? Clients can often take advantage of a lack of …

Expungements, Reductions and other Post-Conviction Relief Now is a great time to clean up your criminal record.  The court system is quieter than it’s been in a long time.  The laws in this area are more favorable than they have been in a long time.  Please consider taking this time to expunge your old criminal cases.  Do you have a reduceable felony?  It is often a simple process to get it reduced to a misdemeanor and expunged. The court charges a small fee for filing the appropriate documents.  Doing the paperwork is easy for an experience lawyer and the costs …

Cooperation with Law Enforcement in California Criminal Defense Cooperation with law enforcement.  Working off your case.  These are topics that are rarely discussed in public forums.  These are uncomfortable topics.  But jail and prison are uncomfortable places to spend time and sometimes, we have to look out for number one, while trying to avoid stepping in number two. How does it work and is it right for you? In federal court, cooperation with law enforcement is the norm.  But that norm is very different in practice then it is in state court.  In federal cases it is quite common for …

Hit and Run Defense in California:  Felony, Misdemeanor and more Hit and run is a very common criminal offense in California.  The most common type of hit and run is a misdemeanor involving only property damage.  This type of case involves three things: We have to have been in a collision, We must know (or reasonably should have known) that we were in a collision, We fail to identify ourselves or notify law enforcement. Items 1 and 2 tend to overlap in that if there is any kind of significant accident, we usually know about it.  But what about very …

Judicial Diversion in Criminal Cases in California:  When, Where and How can you get it? There has been a lot of talk about Judicial Diversion lately.  There have been a lot of requests for Judicial Diversion lately.  A lot of my clients have been getting Judicial Diversion lately…And it’s awesome! Today alone I got diversion for two different clients.  One case was a drug case which also involved resisting arrest.  The other case was a Penal Code Section 148 where the police claimed my client was lying to them, delaying their investigation and hiding his son from the police when …

What Criminal Cases can be Reduced or Expunged? More new laws are out.  More ways to expunge convictions are on the books.  If you went to “Firecamp”, you can expunge your conviction.  You don’t even need to be off of probation or parole. If you successfully completed probation in almost any case, misdemeanor or felony, you can expunge your conviction. If you went to county jail on a “prison” sentence, you can expunge your conviction. Convicted of DUI?  You can expunge it.  This goes for felony DUI’s too! If you have ten different convictions, in ten different counties, for ten …

Why I Defend People Charged with Sex Crimes in California Twenty five years ago when I started my law practice, it was very difficult to be picky about the cases I took and the clients I represented.  If someone called me and they had money, I would usually get on board.  If it was a sex offense, they would need more money, but I would take the case because I had loans to pay. Twenty five years later, I am fortunate to be sitting in a different position.  I get to pick the cases I take and the clients I …

There has been a bit of news lately about a DUI case in Western Los Angeles County.  A small and quiet community called Westlake Village had a terrible collision recently.  The driver was alleged to have been a woman named Rebecca Grossman of the Grossman Burn Center family.  It is alleged that Mrs. Grossman was speeding and possible even racing down a two lane street just South of the lake.  Speeds were estimated to have been near one hundred miles per hour in a 45 zone.  Sadly, she is said to have hit two small children who were crossing the …

Felony DUI, Vehicular Manslaughter While Intoxicated and Watson Murder Many of us understand that a DUI can be a felony.  It can be a felony when the driver causes injury to others or when the driver has prior convictions for DUI within the last ten years.  This article is aimed at DUI’s causing injury. When we are under the influence of alcohol or drugs or both, and we drive, we can be charged with DUI.  Felony DUI requires that we injure someone other than ourselves.  Felony DUI and related charges take several forms.  There is a “simple” felony DUI where …

A lawyer in my suite referred a potential client to me yesterday.  I spoke to the client and his girlfriend for about 17 minutes and 43 seconds.  They told me they were going to email me some documents to review.  A half hour later I told them I hadn’t receive any documents.  I received a text message back saying the client had already hired another lawyer.  The case was a multiple count, multiple defendant, multiple victim felony theft there where the client claims factually innocence.  How then is it possible for him to have hired another lawyer in under thirty …

We know that DUI laws are tough in California.  DUI’s carry the potential for jail or prison, lengthy probation terms, DUI education programs up to 18 months long, stiff fines, multiple points on our driving records, increased insurance rates, ignition interlock devices, mandatory AA meetings, SCRAM devices and more.  To make things worse, they get tougher with each conviction. With Covid, I have seen cases get put off for many months before we see the inside of a courtroom.  By the time we get to court, the client’s license has long since been suspended due to the Administrative Per Se …

Will the Real Ventura Criminal and DUI Defense Attorney Please Step Forward We’ve all heard it by now:  Come on vacation, leave on probation.  Ventura has been tough on crime for the 25 years I have been practicing here.  But, knowing how to work within the system definitely helps resolve both criminal and DUI cases in Ventura.  The first thing anyone should know when they have been arrested in Ventura County, is that they need to hire a lawyer who knows Ventura County.  Many lawyers from Los Angeles (or further) will take money from a client on a Ventura case.  …

There’s a new District Attorney in Los Angeles and with him comes New Policies Many of us know that there is a new District Attorney in Los Angeles County.  The District Attorney is the head prosecutor in the county where he was elected.  He makes all decisions about filing misdemeanors and felonies committed within his county.  Our new DA, George Gascon was elected on a campaign of liberal justice, striking prior convictions, striking enhancements for gangs, great bodily injury, guns, eliminating life sentences and never asking for the death penalty. I have already seen the effect of the new District …

San Fernando DUI and Criminal Defense Lawyer The San Fernando Valley is a big place.  It’s so big that it actually has two criminal courthouses.  Some counties, like Ventura, only have one courthouse for the entire county.  The San Fernando Courthouse handles misdemeanors and felonies which occur in the San Fernando Valley, to the North of Roscoe Boulevard and South of the 210 Freeway.  This includes all of Chatsworth, Granada Hills, Northridge, Sylmar, Porter Ranch, and even the city of San Fernando.  The Los Angeles City Attorney handles the misdemeanors within the City of Los Angeles and the District Attorney …

Van Nuys DUI and Criminal Defense Lawyer Growing up in the San Fernando Valley really does give me better perspective on my job of defending people charged with DUI or other criminal cases.  I know where every police station in the Valley located.  I know many of the spots where cops hang out looking to write tickets or make arrests.  I know what bars are frequented by cops around closing time.  I have even gotten to know many of the Valley Traffic Unit and DUI task force cops in the Valley.  It’s actually kind of funny walking into court in …

The Real Encino Criminal Defense Attorney They say you are truly “from a place” when you have kids who are born there.  If that is the case, I am the true Encino Criminal Defense Lawyer.  Being born and raised in Encino, California does make me better equipped to handle criminal and DUI defense cases in Encino, Van Nuys and San Fernando.  Unlike many law firms who hire full time content writers and IT professionals, every blog on my site was written by me.  Every review about my work on the internet was written by a client, not someone I paid. …

DUI Arrests over a hot Labor Day Weekend We’ve been sheltering at home, working from home, and wearing masks. Well all of us except the president.  We’ve had vacations cancelled, campground closed, rental houses shut down and we are getting tired.  We’re tired of being stuck inside, tired of wearing masks, and we NEED to get out. Things are starting to open up.  Restaurants are serving meals on their patios.  Wineries are open for outdoor service.  Beer, wine and alcohol delivery service and “to-go” service is available as we have never seen it before. This weekend we have record breaking …

Now is a Great Time to Reduce and Expunge Times are tough.  There is no end in sight to our current world situation.  The job market is terrible, unemployment is high, rent has never been more expensive, and our criminal records are holding us back. One of my clients just called me to tell me he was turned down for an apartment because of his felony conviction.  Another client told me his old boss offered him his job back if he could get his felony reduced to a misdemeanor.  Yet another was to be promoted at work if he could …

The Cost to Hire a Lawyer for Your DUI If you are shopping for price, you can stop now.  I will not be the cheapest lawyer you can find to help you with your DUI.  For years I have been getting calls and people simply want to know how much it costs to hire a lawyer to defend them for a DUI. The answer has not changed.  After over 20 years of practicing law and hundreds and hundreds of DUI cases, the answer is the same, it depends.  It depends on the case, the location, criminal history, whether it goes …

Domestic Violence is on the Rise Domestic violence is on the rise. It appears to be another negative biproduct of the pandemic. Normally, in my business, we hear about domestic violence cases on the rise about Thanksgiving time and they stay up in numbers through the new year. This reoccurring phenomenon seems to have two main triggers. First, the holiday times generally means there is a lot of time with family. There is often a great deal of vacation taken and a lot time spent in the home with relatives and friends. Next, there is traditionally more alcohol consumption around …

Now is the Right Time to Expunge Your Conviction Many of us have time on our hands right now. Let’s use it wisely. Many of us are unemployed or underemployed right now. What do we do about it? Now is a great time to clean up your criminal record and make yourself more hirable. Expunging your criminal conviction in California can be a career saver. Under California law (Penal Code Section 1203.4) if we successfully complete probation, we can expunge most criminal cases. Once we expunge a case we can honestly tell a potential employer that we have not been …

Never Hire a Lawyer Off the Internet For years I have been saying the same thing over and over again. Never Hire a lawyer over the internet. Only hire a lawyer you were referred to by someone you trust. Talk to the actual lawyer your are going to hire, before hiring them.  Don’t hire a lawyer who spends all his time creating a huge internet site simply to gather clients.  Don’t talk to a sales rep, secretary, case manager or otherwise.  Even if the sales rep says they are a lawyer, they may not be your lawyer.  And, never hire …

What Happens After My Preliminary Hearing? Felonies get filed two ways in California State Courts. People can be indicted by a grand jury or far more often is the case that a complaint is filed by the District Attorney. After the complaint is filed, the client sees the judge and enters a not guilty plea. We have the right to a speedy preliminary hearing or probable cause determination before a judge. This occurs within 10 court days and not more than 60 calendar days of our arraignment unless we waive our rights to a speedy hearing. Many felonies in California …

Can You Get My DUI Reduced? A common question for me is whether or not I can get DUI charges reduced. This could be in the case of first offense DUI and it could be a felony causing injury. Most often, the circumstance is a first or second offense, misdemeanor DUI with a blood alcohol test above .10. When a client blows over .10, the prosecutors tend to feel that their case is more “provable” and are far less likely to reduce the charge. By contrast, a DUI with a .08 or .09 is quite often reduced. What can be …

Felony DUI’s and the Three Ways to Get There Many people in California know someone who has been arrested for or convicted of a DUI. Some people even know a bit about felony DUI’s. Most commonly a DUI becomes a felony when an injury is caused. California Vehicle Code Section 23153 covers the felony DUI from injuries. These cases can be either misdemeanors or felonies depending upon the extent of the injuries. In extreme cases, the offense can even be a strike where there is great bodily injury or death. As a misdemeanor there is still mandatory jail time and …

Mental Health Diversion May be a Great Option to Resolve a Criminal Case A potential client called me last week. She had two theft cases with one open and one closed. Her lawyer pled her guilty to a trespassing misdemeanor with the understanding that after completing a formal diversion program, the case could be dismissed. Client asked me if that was as good as Mental Health Diversion. Client was asking if I could get her Mental Health Diversion (MHD) on the new case or both of the cases. Client also said that her present lawyer told her MHD was only …

Multiple DUI Arrests and Scared? Cases seem to come to me in bunches.  This year seems to be my year for Crane operator clients.  I’ve had three this year.  I’ve also had several clients this year who were arrested more than once in a very short period of time.  Three were DUI’s, two were driving on suspended licenses after DUI’s and one was simply a juvenile with a bad attitude.  What they all have in common is they all are very scared and the courts and prosecutors tend to be very unhappy with this type of behavior. So how do …

Veteran’s Court Can be a Fantastic Option I had a client graduate from Veteran’s Court this past Thursday.  It was a very long road for him and for me, but it was very much worth the trip.  My client LH was charged with felony vandalism.  This was not is first criminal charge or conviction.  It was not even his second.  But it was his first felony.  After 13 years in the Air Force reserves, including some time in active service in Afghanistan, LH wanted to stay in the service and retire from the reserves.  A felony conviction would have meant …

In a first offense prostitution case, the prostitution diversion program or “PDP” often sounds like a great option.  For many people it is a great option.  Take an educational class, submit to an HIV test, wait a year and get the case dismissed.  Sounds pretty good right?  Yes, but not to everyone.  I’ve been practicing law in California for over 2 decades.  During that time I have handled so many prostitution cases, I have lost count.  The case run from soliciting acts of prostitution, to full blown human trafficking and everything in between.  The thing that I cannot lose sight …

I am a criminal defense attorney. I’m not a doctor, I’m not a therapist and I’m not a social worker. My job is very clear. I am tasked with doing everything possible to try and get criminal charges dismissed or reduced and to minimize any punishment my clients might be facing. I do this in a variety of ways and by using a variety of different tools. Often, I am simply able to negotiate favorable settlements for my clients. Sometimes, there are legal reasons why we can get cases dismissed or reduced. On rare occasion we have jury trials to …

Unsatisfied judgments can lead to criminal charges. That’s right. If you get sued and you do not resolve the law suit, this can lead to the loss of your driver’s license, contractor’s license or other state issued license. It can cost you your job, income, or lead to criminal charges. The same is true if you fail to pay child support. Don’t ignore that summons and complaint (lawsuit) because it won’t go away. It will only get worse. I recently had a client get served with a lawsuit. He didn’t call me. In fact, he didn’t call me until the …

Why do I love doing “after care” in criminal defense and DUI cases? Not every case is dismissed. Oh no, there I go telling the truth again. Yes, some people sustain convictions either by plea or by verdict. Some get placed on probation, either formal or informal. Some have obligations to the court including restitution, alcohol or drug programs, domestic violence counseling, AA meetings or other things. There are often court appearances required to show proof that these requirements have been satisfied, to prove that restitution has been paid or just so that the judge can maintain supervision over the …

I am a criminal defense attorney. I’m not a marketing genius or a website expert. I have often wondered how much time some of my competitors must spend on their websites. I have often wondered how much money they spend on advertising. I have often wondered if their reviews are real and if their results are honest. I was just talking to one of the larger internet resources for lawyers about advertising with them. Their sales rep was walking me through what I could buy from them when he told me that one Los Angeles lawyer has both of the …

People tend to get scared when the cops show up at their door. Whether it’s your work or your home, it’s always a daunting site when police come knocking for you. It’s even more unnerving when the knock at the door is by federal agents. Generally speaking, the FBI is about the best trained and most professional of all law enforcement agencies. They are well equipped, have excellent resources and conduct very thorough investigations. One of the good things about dealing with professionals is that they tend not to be as intimidating. This is to say that they are not …

New clients often call or come into the office and ask if it really makes a difference if they hire a lawyer or use the public defender. I normally say that I have been doing this for a long time. I can give their case a lot more time and personal attention than a public defender and I make my living getting better results than the public defender. Here is a good example of the difference between hiring me and hiring a public defender. A client (AC) hired me for a serious felony in Van Nuys. I resolved the case …

For many years we have been hearing about harsh sentences handed down in federal courts for non-violent drug offenses. Even after the Federal Sentencing Guidelines became discretionary instead of mandatory, sentencing for federal drug crimes has been very harsh compared to state court sentences for similar offenses. Mandatory minimum sentences have remained in place in the federal system, even after doing away with the mandatory sentencing guidelines. Most people are not aware that sentencing can be even more disproportionate in other areas of the law. Specifically, crimes involving human trafficking have become the crime du jour of late. Rightfully so, selling, …

I recently posted a blog about pre-trial diversion in low level drug offenses. If you haven’t read it, you should read that short blog before you start this one as it will give you some good background on diversion and deferred entry of judgment. Another great diversion program recently became available in California courts. Pre-trial diversion is now an option for people suffering from documented mental illness who are charged with certain crimes. The crimes must be non-strikes and can be either felonies or misdemeanors. Felony DUI’s are excluded from the program as are many sex offenses and some vehicular homicides. The …

If you are driver involved in an automobile accident and there is any property damage, regardless of fault, you are required to stop and leave your name and address with the other party or leave a note with your name and address and a statement about what happened with the owner of the property or in a conspicuous place where the accident occurred. If you are involved in an accident where there are injuries to people, you must stop the car, identify yourself to the other driver or the police and give address and names and addresses of any passengers …

If you ask most lawyers about bail, they will tell you to call a bail bondsman. Many will even suggest you call one that they know and regularly do business with. This is probably not the answer you want to hear when you or someone you love is in custody and has questions about bail. What you want to hear is how your lawyer can help explain how bail works, what the options are for the client or the client’s family and how recent changes in the law may dramatically reduce the cost of bail. Bail Reduction First, when a client …

I have had the troubling situation lately of having to deal with a number of clients with mental impairment. Specifically, I have had to three cases in the last year where a client was charged with a crime or crimes and they were unable to either grasp the nature of the criminal proceedings; unable to assist in their own defense; or, more commonly, they were unable to communicate with me. Or at least I was unable to communicate with them. Definitions Insanity in California requires some very specific findings. In order for a defendant in a criminal case to be …

A new client came in a few months ago. He was charged with felony domestic battery and violating a criminal protective order from a prior misdemeanor DV conviction. The allegations of the new case were pretty serious. In fact, the police reports were so bad that two different judges and the district attorney refused to offer him a misdemeanor settlement. We set the case for preliminary hearing. Twice the district attorney wasn’t ready to go. One time, I was in trial and now we have the case set for prelim on Tuesday. Friday I got 100 new pages of police reports and a …

Leveraging Better Results in Criminal Defense Cases: Pitchess Motions Almost every time a new client comes in they want to know how their case will end up. Often times, clients want me to “lay odds” about what will happen with their case. I have to tell them the same thing every time: Every case is different. Every result is different. I may have some idea about how a case should work out, but I never know exactly how the case will resolve. What I do know is that I can frequently do things to increase my client’s odds of a …

My Boyfriend told me to Refuse the Test I repeat client called me yesterday to tell me she was arrested for her third DUI last weekend. She was driving home from work at a local night club and was pulled over for swerving. I asked her about the contact with law enforcement and she told me she performed the field sobriety tests and attempted the field breath test at least 6 times. She was then arrested and taken to Van Nuys Police Station for booking. The officers asked her if she wanted to take a breath or blood test at the station …

I got a call Friday from a potential client. I was walking out the door to meet a colleague for lunch when the phone rang. I asked the caller if I could call her back in 90 minutes. She said o.k. and I set off for lunch. When I got back, I returned the call and was told that my potential client was completing the process of hiring another lawyer. My loss, right? Wrong. For years I have been saying the same things and they are more true today than they were when I first started writing blogs. Please, please, …

Almost every criminal defense lawyer who is under 70 and has been practicing for more that 6 weeks, has a website. Some sites are better, and some are worse. Some sites are larger and some are simply a splash page with contact information. I was recently retained by a very interesting fellow. He is a computer programmer who works at a very high level for very significant clients. I guess I shouldn’t have been surprised that he hired me. After all, I’m good at my job. I’ve been doing this for over twenty years and I offered this client exactly what …

Welcome to Los Angeles County. Home of the largest municipal jail facility in the world; Home of one of the most overcrowded jails in the country; Home of some of the most disgusting jail conditions in the country. Even inmates in Los Angeles County Jail are almost always released far early than the terms of the sentence require, many people simply do not want to spend a night amidst the filth and violence within the jail system. For years I have said that I would gladly pick up garbage on the side of the freeway (Cal-Trans) for a month before …

I recently wrote a blog entitled: “Don’t Take Deferred Entry of Judgment at Arraignment”. It has received more views in the last year than any other article I wrote. The point of the article was simply to explain that short of going to trial and losing, there is absolutely no risk to plead not guilty and push a deferred entry of judgment case out toward trial in order to try and get it dismissed or reduced. Deferred entry of judgment cases are not the only cases that fall into this category. Pleading not guilty can be beneficial in many other criminal charges …

Winning in criminal defense takes a variety of different forms. First, a dismissal of all of the charges is the best example of a “win”. I have had a great deal of success in getting cases dismissed lately. In the last week I got a sex offense dismissed in Van Nuys, a battery dismissed in Pasadena and a felony domestic battery dismissed in Ventura. But, the vast majority of criminal cases which get filed don’t get dismissed outright. What other resolutions constitute a win? A true win depends upon the specific needs of the specific client. Some clients seek to avoid deportation. Some clients …

If you have been convicted of a felony in California, there is a good chance that the felony conviction can be reduced to a misdemeanor under California law. Under California Penal Code Section 17, a “wobbler” felony can be reduced to a misdemeanor any time probation is granted and no form of state prison (even a suspended sentence) has been imposed. This means that if you are having trouble getting or keeping a job because of your criminal history, you should call a lawyer about trying to clean up your past. What Types of Convictions are Relevant? If you have a prior …

Many people, myself included, feel that prostitution should be legalized, regulated, licensed and taxed. Maybe one day that will happen in our fine state. However, the federal government views this crime much differently than the state. Because prostitution under California Penal code Section 647 (a) is a crime involving moral turpitude or CIMT, it could be cause for deportation, denial of naturalization or denial of re-entry into the United States for a non-U.S. citizen. What Are the Consequences? That’s alright, we say. Here in Los Angeles and in other locations, there are diversion programs for prostitution. I can plead guilty to …

Were You Arrested for DUI Over the Holidays? If you or someone close to you was one of the unlucky people who were arrested for DUI this holiday season, then you are in good company. The task forces were out in force and the number of people arrested is quite high. Remember that the best way to deal with a DUI arrest is to deal with it immediately and not ignore it. First, read all the paperwork you got when you were arrested. If you or your loved one is still in jail, call me and we can talk about ways to …

Getting arrested is NOT a good way to avoid family events during the holidays. I know that we all have certain obligations this time of year. We need to spend money on holiday gifts. We need to see family and friends to share meals and exchange presents. We need to attend holiday parties for work. Some must travel to see family and friends, while others stay home and entertain. Either way, there will be a lot of family in the next two weeks. There will be a lot of expenses in the next two weeks and there will be a …

By now a lot of people have heard or dealt with the changes that have occurred in Ventura County’s criminal justice system. The biggest change is the seemingly permanent closure of the work furlough program. Work furlough is a jail substitute where people who were convicted of crimes and sentenced to jail could serve their time at a facility located at the Camarillo airport. The location was supervised by probation officers and allowed “inmates” to leave during the day for work and return to the facility at night, thereby getting day for day credit for their stay in the program …

I got an unsolicited email this weekend. A potential client was asking how much I would charge to represent them in a drug possession for sale case. God bless this potential client who said she was trying not to take too much of my time, but wanted to get an idea of what it would cost to hire me. I emailed back that I had some questions: Where is the case, some background information on the client, criminal history, some specific facts about the case, etc. The client indicated she had been quoted about $5,000 from two different lawyers. She seemed to …

If you start the night off with a plan, you are more likely to end the night sleeping in your own bed instead of sleeping at the grey bar motel. Throughout the past 20 plus years I have been representing people for DUI in California, I have found that when people have a plan at the beginning of the night, their night tends to end more successfully. What does that mean to you? Before you go out drinking, formulate an action plan for your night. Decide several things before you leave your house. First, even before you decide who is going …

A Los Angeles man was sentenced to 36 months of probation in Sonoma County Superior Court on October 12th, 2016 in connection with the death of his lifelong friend while wakeboarding out on Lake Sonoma earlier this year. The defendant, 30-year-old Andrew Scheff, pleaded no contest to a misdemeanor charge of operating a recreational vessel with a blood alcohol concentration (BAC) of 0.08% or more, while a concurrent misdemeanor boating under the influence charge was dismissed. According to the Sonoma County District Attorney’s Office, prosecutors found that there was insufficient evidence to prove that boating under the influence caused the …

Getting Clients into Military Diversion Have you ever heard of Veteran’s Court? Some people have, but even fewer people have heard of the Military Diversion Program. Diversion is a concept that was all but done away with back in the late 1990’s . Back then, if you were arrested for a drug crime, you could agree to waive time for 18 months to three years, remain crime free and complete an outpatient drug program in order to get your case dismissed. Since 1997, the deferred entry of judgment (DEJ) program replaced the drug diversion program. The big difference between the two programs is …

No I don’t Want Prop 36 When I can get Diversion Drug cases these days are interesting. If the case does not involve sales or possession for sale, it will normally be a misdemeanor. When I speak to a prosecutor about settling the case, prosecutors often suggest “Prop 36” as a settlement. I bite my tongue and suggest that my client appears to be “DEJ” eligible. This week I actually had a prosecutor look at me and say, “Do you think that’s enough for your client” suggesting the client should have more intensive therapy instead of the 20 week outpatient program …

I had lunch today with a few colleagues who do criminal defense. We started out talking about the election and the possibilities of simply sailing away to some sort of paradise. At some point a younger attorney in the group asked if any of us had ever handled a BUI case. Of course. Boating under the influence is not so common here in inland Los Angeles County and is often more prosecuted in areas where there is a heavy recreational boating community. Lake Havasu comes to mind as a place that sees a lot of this sort of thing. But it also …

San Fernando Valley Criminal Defense and DUI Lawyers Jeffrey Vallens and Ross Erlich Have Relocated In the olden days I would have called up my printer and had formal announcements printed up which “announce” my move. I would then actually stick the announcements in envelopes and mail them to everyone I know or at least to everyone who I think might care that we moved. In the digital era, it seems that printed announcements are no longer necessary, but I do want people to know that after 9 years at the old location we moved about a mile down the …

I was in CCB* Tuesday on a motion to reduce a felony to a misdemeanor and expunge an old felony conviction for a client. When I first met the client, I told him that there is a right way and a wrong way to run this motion. The wrong way is to fill out the form and mail it in to the court with the $120 filing and wait and see what happens. In fact, a few years ago, another lawyer had been paid by this client to do this very same thing. That lawyer’s requests were denied, mine were granted. Why …

It took over a year, but I finally civilly compromised another vandalism case. My client and his friends were out smashing mailboxes, light fixtures and even a couple car side view mirrors. The third and final victim finally cashed my check and signed off on the civil compromise. What does this all mean to my client? It means no probation, no fine, no jail or trash pickup duty, no driver’s license suspension and no conviction. That’s right: a conviction for vandalism can cost you your driver’s license for at least a year. How did I do this? Under California Penal …

When Darkness Reigns, by Philip R. Dunn A couple months ago I rented a new office in the Conejo Valley in order to better serve my Ventura County clients. The office is located near the Thousand Oaks Auto Center at 141 Duesenberg Drive, Suite 10, in Westlake Village. I had the opportunity to rent space from a veteran criminal defense lawyer named Philip Dunn. Like many of the great defense attorneys, Phil started his career as a public defender in Ventura County with the likes of Tim Quinn and others great defenders of the Constitution. When I started talking to …

How to Deal with an Emergency Protective Order or Criminal Protective Order in Domestic Violence Cases If you have been arrested for domestic violence there is a good chance there will be an emergency protective order issued immediately after your arrest. There will most likely be a Criminal Protective Order which will follow you during the pendency of your criminal case and during probation, should you be convicted of a crime. An Emergency Protective Order is a short term order, normally valid for 5 to 10 days, issued by a judge based upon a declaration of police saying that some …

I have often said that the majority of my cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, my clientele seem to be effected by significant mental health issues. I’m not a doctor but sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell. I was referred a client recently from a local judge. The client is facing a second DUI with a high blood alcohol and multiple traffic collisions. At …

Yesterday was my twenty year anniversary practicing law. May 28, 1996, I was sworn in as a lawyer, meaning that I was officially able to start “practicing” law. It seems appropriate that my swearing in occurred in a courtroom in Van Nuys, California. Since that time, I have appeared in court in Van Nuys courtrooms more than other courthouse. But what does 20 years of criminal and DUI defense mean to you, the potential client? Quite simply, I’ve been doing criminal and DUI defense for a long time now. I am successful and I am good at what I do. Some lawyers …

How to Avoid Posting Bail Not everyone has to post bail in order to secure their pre-trial release from custody. Just yesterday I walked a woman into court after a warrant was issued for her arrest. She was charged with DUI with a prior, a special allegation of having a blood alcohol concentration over .20, one out of time prior (over 10 years old) and she was the cause of a three car traffic accident. The amount of the warrant was $60,000. The client wanted to walk into the nearest police station and post bail. That would have cost her …

The Importance of Reducing and Expunging Convictions I get a lot of questions these days about expunging convictions, reducing felonies to misdemeanors, sealing records and even certificates of rehabilitation and pardons. Definitions First, there are a lot of legal terms I just used. These terms apply only to California and California state court convictions. Expungements under Penal Code Section 1203.4: When probation is granted in a case and it is successfully completed for the entire term then probation naturally expires. After probation expires, or upon early and successful termination of probation, we may ask the court to let us withdraw …

One of the common questions in my business is: Should I bail him/her out? My answer is always the same – It depends. There are some basic rules of thumb I employ when deciding to advise bailing out a client. Now is the right time to post bail when: The client will be deported if he/she is not bailed immediately. The client will earn more money while out on bail than the cost of the bailbond. The client will lose a good job that he will be able to keep if he bails out. The client has children or dependants …

You likely didn’t notice several plain clothed cops hanging around outside of court in Van Nuys or San Fernando. They may have a cop radio hidden in a pocket or under a newspaper, but they can be spotted by the trained eye. Several officers from LAPD’s Valley Traffic Section have been working for years under a grant from the California Office of Traffic Safety. The grant funds a 5 man team to police “habitual traffic offenders”, including DUI offenders and people driving while their licenses are suspended. The team is part of the Valley Traffic Division’s DUI task force. They …

I have been working in and around the criminal justice system for well over 25 years. I started out working for a small state police agency, I worked for a local prosecutor, and I sat as a volunteer judge and have been practicing law for just short of 20 years now. Working in the criminal justice system, we see a lot of really bad stuff. This has an effect over time of making us someone hardened to the serious conduct that we deal with and the real world effects that the conduct has on its victims. I often find myself …

Yes, I know…We are all innocent unless and until proven guilty beyond a reasonable doubt. But I couldn’t help myself, which is about the same thing Ryan McClain likely told police when he was arrested for indecent exposure in Long Beach, California. City police stepped up patrols in the area of Cherry Avenue and Third Street after receiving multiple complaints of a man masturbating outside an apartment house. Subsequent investigation led to the suspects name and identifying information and ultimately gave rise (no pun intended) to an arrest warrant. McClain likely could not escape pursuing police officers as he had …

It’s hard to believe that summer is over, the kids are back in school and fall is upon us. Actually it’s my favorite time of year because Halloween is approaching and shortly after that we have what is known in my business as the “Trifecta”. No, it’s not a horse race; it’s the three big holidays in a row, Thanksgiving, Christmas and New Year’s. I think the name came from someone in AA or NA or some such program who realized that the family pressures of the holidays are often cause for substance abuse, spousal abuse and general family strife. …

Happy Labor Day, or Not Simple Advice When Searching for a Criminal Defense or DUI Lawyer I woke up this morning, happy to not to have to shave, put on a suit and drive to court somewhere in Southern California. Although I know I will have to pay for the holiday somehow, I can enjoy today as any other day off: I get up later, I leisurely read the newspaper, sip my coffee and there it is, staring at me in black and white, another DUI checkpoint snares several unlucky drivers. I guess these folks didn’t read my last post about how to …

DUI Checkpoint in Thousand Oaks Tonight The Ventura County Star reports today that officers from the Thousand Oaks Police Department (Ventura County Sheriff’s Deputies) will be conducting a DUI/sobriety checkpoint tonight from 9 p.m. until tomorrow at 3 a.m. The purpose of the checkpoint is to look for people driving under the influence of alcohol and to check for driver’s licenses. Don’t give the cops a reason to pull you over. If you are out in Thousand Oaks tonight, don’t drink. Make sure your driver’s license is valid and in your possession and make sure that your vehicle is in …

When I graduated from law school about 20 years ago one of my friends thought they would be funny and bought me a new coffee mug that said: “A good lawyer knows the law, a great lawyer knows the judge”. I am a good enough lawyer to know that there may be some truth to this old saying. However what I have found after two decades of practice is that knowing people is good, but knowing how to talk to people is what is so great. Attitude is everything in my business. Every lawyer has their side for which they …

I hear a lot of similar stories when it comes to clients being arrested for evading law enforcement. Why didn’t you stop? I was scared because my license was suspended or I was scared because I had been drinking are the most common answers that I hear. One of my favorite stories was several years ago from a client who was riding his motorcycle southbound on the 101 Freeway from Santa Barbara to Long Beach. CHP cars and a helicopter started following him shortly after he entered Ventura County. They clocked him at over 140 miles per hour and it …

Friday night in Northern California 3 young men appear to have been extremely bored as one the men put on a “bullet proof vest” and another man shot him in the chest. Sadly the vest did not stop the bullet and the young man died. Authorities suggested that the man may have lived if emergency personnel were called earlier. The question now is whether one or both of the young men will be charged with crimes and if so, what crime or crimes? This does not sound like a murder case to me but let’s take a closer look. First, murder is …

If I Google the word “bail” or “jail” or “arrested”, I get thousands of returns for bail bondsmen throughout the state of California and across the country. Very quickly I can figure out that if I need to post bail, the most common way to do it is to call a bail bondsman. I pay them a fee of about 10% (sometimes less) for them to post the bond and I secure my freedom. I liken this to buying an insurance policy. We buy insurance in case there is some sort of big trouble in the future and if such …

The majority of lawyers in the country charge for their services on an hourly basis. The lawyer speaks to the client, discusses the case and takes a “retainer”, or advance funds, and bills against the retainer for his work. When the retainer gets used up, the lawyer asks the client for more money. Here in California, things are a bit different for criminal defense and DUI defense attorneys. Here, almost all criminal lawyers charge flat fees for their services. I’m not sure why this is, but that’s the way it’s been for the 20 years I’ve been practicing and I …

It may seem like common sense, but we really shouldn’t run people over with our cars. Unfortunately there seems to be a lot of this going around lately and not just by Suge Knight. Using a car as a weapon is often a crime. This type of conduct would normally be charged as Assault With a Deadly Weapon under California’s Penal Code Section 245. It could even be consideredattempted murder or even worse if someone dies. There is only a legal defense if you are using reasonable and necessary force to defend yourself or another from an immediate threat. Furthermore, if you hit …

A man was arrested recently for the felony charge of being a felon in possession of a firearm in violation of Penal Code Section 29805. The gentlemen was convicted of a felony drug offense over ten years ago. Police got a tip from another felon that he sold a gun to his buddy. The buddy was another convicted felon. Upon investigating the tip, police found the gun under the felon’s bed and arrested him. The felon was referred to a lawyer and hired the lawyer to defend him. The lawyer who was hired took the client’s money and waited for the case …

That’s right, I said don’t hire a lawyer you find on the internet. Why, you ask? There is an old saying: “Don’t believe everything you hear”, or in this case, everything you read. Lawyers hire marketing professionals to build their websites, write articles and optimize the sites so that the sites can be “found” by search engines. Reviews can be faked and put up on websites to promote unscrupulous attorneys. Upon calling the lawyer’s offices, sales representatives often field calls in an attempt to “close” leads as soon as possible and often without the client either meeting the lawyer or …

An Interview with Private Investigator David Hance After my last private investigator left to try his luck in reality television, I went on the hunt for someone new to help me conduct necessary investigations in my criminal and DUI cases. The person I found is very special. David Hance is a living, breathing, true believer. If Dave were a lawyer, he’d be a career public defender. Fortunately for me, Dave never went to law school, but he did get his PI license. Dave is a 46 year old divorced father of a 16 year old daughter. He lives in Studio …

Several years ago during what was later described as the “Economic Downturn”, I went searching for ways to get new business with a minimum of expense. I was introduced to a business networking group called Le Tip and joined an established chapter near Thousand Oaks, California. When I showed up at my first meeting, the guy who came to my rescue as I floundered around a room of total strangers was none other than attorney Mark Lester. Mark explained to me the way the group worked and taught me how to develop a 30 second “commercial” about what I do …

Alcohol and Drug Dependency Resources To me the National Council on Alcoholism and Drug Dependency (NCADD) has been nothing more than the liaison between the court and the court ordered alcohol education program after my clients have been convicted of DUI and ordered into a program. After the case settlement, we get the paperwork from the clerk, head over to the NCADD office, pay them a fee and get our referral to an alcohol school. We then call the school directly and make an appointment to go in and sign up. Some weeks or months later, after we finish the program, NCADD …

I read the news every day. I search out articles about people being arrested almost as often. Sometimes what I find makes me sad, sometimes I find it interesting and sometimes I get downright mad. When I read yesterday about the three men in Ukiah who were caught with 59 abalone at their home, I was pleased as punch. The California Department of Fish and Wildlife were conducting surveillance on the men who illegally harvested the abalone with SCUBA gear. Officers followed the suspected poachers to their residence where they were found with the shelled abalone, scuba gear and their …

Kevin Hogrefe is Out on $500,00 Bail and Using the Public Defender Kevin Hogrefe posted bail of $500,000.00 and appeared at his arraignment out of custody yesterday in Ventura Superior Court. He was ordered as a condition of bail to wear and GPS tracking device and a skin monitor for alcohol. He appeared in court with a Ventura County Deputy Public Defender, Justin Tuttle. I happen to be a fan of the Ventura County Public Defender’s Office. I think the vast majority of these lawyers are hard working, well trained defense attorney who are practicing their trade in a very tough county. …

Innocent Unless and Until Proven Guilty Beyond a Reasonable Doubt Being arrested can be a terrible experience. You can deprived of your liberty, you could be embarrassed, it cost money to post bail to get out of jail and in the case of certain famous athletes, you could lose your job. The NHL or the NFL can do what they like with their players or do what they wish to their players. Each organization has rules in place to deal with situations that occur. Should a player get arrested, the organization has a policy about how to deal with the player. Just …

Understanding Your Rights When the Cops Show Up “I was completely cooperative with the cops…Won’t that help me?” “Don’t I have to answer their [cops] questions?” “I told them [cops] the truth, how can they use that against me?” These are three very common statements at my office. I hear them all the time and I have been hearing the same questions for decades. My answers are still the same, no, no and absolutely. Do you know your Miranda Rights? “Well, yes” is usually the answer. Anything you say can and will be used against you in court. We have …

A Deputy Los Angeles City Attorney was arrested Thursday for possession and distribution of child pornography. He was taken into custody at his home in San Pedro, California by Los Angeles Police Officers. The man, 57 year old Christopher Richard Garcia, works for the City’s “Airport Division” located at Los Angeles International Airport. Garcia was licensed to practice law in 1986 after graduating from Harvard Law School. According to the State Bar of California, Garcia has never been subject to any disciplinary action by the Bar and has been practicing law since he was licensed. Garcia is currently out of jail …

This weekend was the Budweiser Made in America Music Festival in downtown Los Angeles. Between Saturday and Sunday there were about 60 people either arrested or given a ticket to appear in court. What happens now? If one is given a citation or ticket to appear in court at a later date, then usually in three to 8 weeks they will be required to go to court to face either misdemeanor or infraction charges. If someone is physically arrested for a misdemeanor or a felony then they often have to post bail in order to get out of jail and …

Lots of lawyers take payment plans. I often joke about one lawyer who I still see in the Metropolitan traffic court who has bright orange stickers on his client files that say: “Payment Plan” in bold letters. How tacky and offensive is that? In any event, you get arrested for DUI, usually because you were in a fight with your significant other, had a bad day at work, or recently got some other type of bad news in your life. Then, to add insult to injury, you get arrested and now you need to come up with a large bunch of money …

If I got arrested for some serious charge, like murder, I would likely want to hire a lawyer. But what if I am got driving on a suspended driver’s license? Do I need to hire a lawyer then? What if I am just under investigation for doing something wrong? Let’s say my boss thinks I stole a bunch of money at work. Do I need to hire a lawyer then? Can’t I just wait and see what happens? Maybe I can just “throw myself on the mercy of the court?” After all, I’m guilty, shouldn’t I just plead guilty?” So, …

After 18 years of running from court to court throughout Los Angeles and Southern California, one might think I would grow tired of dealing with people’s problems all day long…Can you hang on just a second, one of my clients just got picked up on a warrant…Give me a moment, one of my clients just got arrested – again…What do you mean your son is back in jail?..You were arrested for driving on a suspended license two weeks after getting arrested for DUI -and your car was impounded – your work car?..You’re out on bail on two different (third offense) …

I was licensed to practice law in May of 1996. The day after I got licensed I made my first appearance in criminal court as a lawyer. It’s been 18 years and I am still running…from court to court, that is. While a lot of my criminal defense and DUI defense work is in Los Angeles County, early on in my career I was lucky to have a cousin loan me my first office in Chatsworth. While that seemed to me to be a strange location for a law office, cousin, Brent Vallens always made it work for himself and …

Operation High End Busts Auto Theft Ring In Los Angeles I hate to sound negative, but shouldn’t a 4 year, hundred officer, multiple agency car theft investigation yield more than 12 arrests over 21 stolen cars? Apparently, agents from the California Highway Patrol, Department of Insurance, Los Angeles Police Department and the Franchise Tax Board investigated a ring of people who falsified financial information to steal new cars from cars 18 different car dealers. The suspects then (allegedly) sold the cars or staged auto accidents with the stolen vehicles. The accident claims were then submitted to various insurance carriers in the hopes …

Here in Southern California we don’t hear a great deal about poaching unless we are in a delicatessen. Here we poach egg and maybe some fish, but poaching is a serious crime in other parts of the state and the country. Also a crime is possessing a fraudulent fishing license, especially after your own license has been revoked for the rest of your life. That’s what happened to Nai Choy Saelee, a 30 year old man from Sacramento. Back in 2010 his fishing license was revoked for life after he was convicted in a Sacramento county court for poaching and …

A 38 year old man from Santee, California was arrested Sunday after he allegedly stabbed a nurse at a Torrance hospital. Authorities suspect that he may have been distraught about the haircut he recently received. His booking photo may be viewed on the link below: http://www.nbclosangeles.com/news/local/Nurse-Stabbed-at-Torrance-Hospital-255951301.html The suspect, Thomas Robert Fredette, was arrested shortly after the stabbing the area of Carson street in Torrance. Fredette was said to have entered the hospital, gone around a weapons screening area and approached a group of hospital employees. Fredette then grabbed one of the nurses and stabbed her in the ear with an unknown sharp …

A 26 year old man from Los Angeles was arrested last weekend after he allegedly walked into Olive View UCLA Medical Center in Sylmar, California and stabbed an on duty nurse multiple times with a knive. The nurse, whose name was not released was critically wounded and was being treated for her injuries at a local trauma center. The man, identified as Romero Carnailla, was said to have run into the hospital, approached the nurse who he didn’t know and stabbed her several times in the torso. Police and hospital security located the man after they heard the victim screaming in the …

A Los Angeles Police Valley Traffic Division motorcycle officer was critically injured in Sun Valley, California yesterday after an SUV failed to stop at a red light and plowed into the back of the motor cop. The officer, whose name has not been released by LAPD, is in critical condition at Providence Holy Cross Medical Center in Granada Hills. The officer was said to have been stopped for a red light and the other driver failed to stop or slow down before striking the officer and pinning him between two cars, causing his injuries. The officer was rushed to the …

In what appears to be a premeditated case of doggie homicide, a Sherman Oaks, California man was recently charged with animal cruelty after he allegedly ran over the dog owned by his estranged wife. Michael David Parker was arrested in January on felony charges of animal cruelty and his case was recently filed after investigators were able to get their hands on some surveillance video. The video allegedly shows Parker taking the Chihuahua to the alley behind the owner’s home and placing the dog on the ground. Parker is then described backing his car up and intentionally driving over the dog, killing …

A 29 year old Los Angeles Police Officer was arrested Friday for driving under the influence of alcohol after his car plunged off the 60 freeway in Diamond Bar. The car ended up in a McDonald’s restaurant drive through with its driver, Jonathon Chel trapped inside the car. I’m not sure how many times I have said this, but I often tell my clients and potential clients, “Don’t give the pricks a reason to contact you”. When I say this I am normally referring to minor driving offenses like speeding, tinted windows, cracked windshields, expired registration and a litany of other minor …

Yesterday two Santa Maria residents left their 4 year old daughter sleeping in their car as they went off to gamble at the Chumash Casino. After the girl woke up, she appears to have gotten out of the car and started walking around the casino parking lot, in search of her parents. Casino security was notified. Security personnel called the sheriff’s department who located the girls parents, Petra Zaragoza and Bulmaro Reyes. The two parents were promptly arrested on charges of felony child endangerment and booked at the Santa Barbara County jail. Charges such as child endangerment generally carry special punishments which …

Two men were arrested yesterday in Camarillo after they were scene trying to hitchhike in the area of Ventura County between Camarillo and Moorpark along Santa Rosa Road. They were “spotted” by an off duty sheriff’s deputy who reported their presence to additional authorities. Sheriff’s units converged on the two men who were suspects in an earlier residential burglarywhich lead to the suspects leading police on a long chase through extensive open land in the area. The two men were last observed in the area of Leisure Village in Camarillo. I suppose the 19 and 21 year old African American men …

Another pair of weekend DUI checkpoints were conducted starting last night and running through early this morning in Ventura County. Funded by a grant paid for by the National Highway Transportation Safety Administration, the two separate checkpoints yielded a total of one, yes one, DUI arrest in about 6 hours of operational time. Countless man hours were put into the two checkpoints which were staffed by officers and cadets from the Ventura Police Department. Officers associated with the checkpoints indicated that another 5 people were arrested for not having valid driver’s licenses or driving while their licenses were suspended or revoked. …

Los Angeles Police arrested a man in Hollywood Tuesday after he (allegedly) smashed the window of a police car, stole a computer and walked away. The incident took place about one in the afternoon in the area of Hollywood Boulevard and Highland. Multiple witnesses saw the incident and at least one videotaped the man in his brazen daytime activities. The suspect was described as “very angry” as he took what appeared to be a metal pipe and smashed the window of the unoccupied police car. The man, who was not identified by police, was arrested shortly thereafter and faces charges …

Xavier Domic Smith, a 20 year old rap artist was charged with multiple felonies in Los Angeles County on Friday. Smith, also known as “Lil Za” was recently arrested when sheriff’s deputies executed a search warrant a Justin Bieber’s gated Calabasas home. Sheriff’s officials indicated that as a result of the search they recovered MDMA, also known as ecstasy and Oxycodone, a strong prescription pain medication in the possession of Smith. Smith was taken into custody and not immediately charged as he posted bail shortly after his arrest. While in sheriff’s custody at the Lost Hills, sheriff’s station, Mr. Smith is said …

The fact that David Cassidy was arrested for (his third) DUI does not really interest me. What does interest me and should interest many of my clients and potential clients’ are the circumstances around his arrest. The California Highway Patrol indicate Mr. Cassidy was pulled over near the Los Angeles International Airport about 9:40 p.m. Officers indicated Cassidy made a right turn against a sign posted “No right on red”. This is where it gets interesting to me. I often tell my clients the same thing: Don’t give the cops a reason to pull you over. By this I mean try to …

Two people were arrested last week in Simi Valley, California after investigators found Methylone with an estimated street value of over $400,000 at the homes of Aaron Lieberman age 23 and his girlfriend Samantha Brand, 22, both residents of Ventura County. Ventura County Sheriff’s officials suspect that the two suspects were the source of most of the ecstasy and bath salts being supplied to the East side of Ventura County including Simi Valley and The West side of Los Angeles County including the San Fernando Valley. Typically known as bath salts, the drug has become increasingly popular in recent months as it has been …

A man was killed in his rented room early this morning as a suspected drunk driver appears to have lost control of his car and plowed into the home of two men on an otherwise quiet residential street in Mission Viejo, California. The other home resident was not injured and authorities indicated the victim was dead upon the arrival of paramedics after he was crushed by the car entering his bedroom. Photographs and video of the incident shows the car almost completely inside the single family home. Area residents told reporters that people often drive this stretch of road a high rates …

Tustin police officers recently stumbled upon 24,000 pounds (that’s right) of marijuana after the driver of a big rig truck called 911 telling the operator that he thought he was being hi-jacked. The truck driver said that two men in a van tried to pull him over and flashed some sort of badge. The driver said the men looked a little shady so instead of pulling over he pulled into the parking lot of a business and called the police. Tustin police officers arrived to find the attempted robbers gone upon their arrival. Further investigation revealed about 12 tons of marijuana secreted …

Many of my new clients find me through internet searches. Someone gets arrested – either a friend or a relative or the client him or herself and then the inevitable happens – we look for answers on the internet. Google is often the answer to all of our problems. “What do I do when I am arrested for DUI”, “How do I find a good criminal defense lawyer in LA or Van Nuys or wherever the case is”. One of my favorite searches is: “How much does it cost to hire a good criminal defense lawyer in Los Angeles?” Answer to …

Two Los Angeles International Airport workers were arrested within two days of each other after several dry ice bombs reportedly exploded at locations inside the airport property. First arrested was Dicarlo Bennett a ground service worker for a company called Servisair. Two days later, Bennett’s own supervisor, Miguel Angel Iniguez, was arrested. Bennett was arrested for actually blowing up the so called “dry-ice” bombs, while Iniguez was arrested after a suspected dry ice bomb was recovered without exploding. Both men face up to six years in state prison. Both men face charges which do not allow probation or suspended prison …

Alesia Thomas, a mentally infirm mother of two dropped her children off at a local LAPD station last year. Several officers were sent to Thomas’ home to investigate why. One of those officers is believed to be 48 year old veteran police officer Mary O’Callaghan. According to local news reports, there is LAPD video of this 19 year veteran cop kicking the handcuffed Thomas multiple times in the groin and stomach areas. Thomas was said to be handcuffed and in leg restraints when the alleged beating took place. At some point during the incident, Thomas is described as having lost …

Don’t lie to the cops, especially not in Ventura County. A Simi Valley, California man was arrested when the police came to his home in response to his 911 call. The man told the 911 operator he had been shot and was locked in his bathroom. It turns out that Simi resident Herbert Alvaranga had simply gotten into an argument with his wife and wanted the cops to get there as soon as possible. Herbert must have recently moved to Simi from Los Angeles. Alvaranga was taken into custody after police assessed the situation and determined that no shots had …

Lamar Odom was arrested two days ago for DUI. It’s already old news so why am I writing about it now? The reason is because his arrest poses some interesting issues that frequently come up in DUI cases. First, misdemeanor DUI is charged under two different vehicle code sections in California: 23152 (a) and 23152 (b). The first is an allegation of driving under the influence of alcohol, drugs or a combination of the two. The second count is an allegation of driving while one’s blood alcohol concentration is .08 or above, regardless of impairment and with no allegation of drugs. When …

A homeless man was arrested yesterday in Studio City after he stole a minivan that was left running in the area of Ventura Boulevard and Whitsett. Nobody seemed to care about the van being stolen. What got the community up in arms was the fact that the van had the Mateo family dog sleeping in the back. It was a hot day in the Valley and the owner said he had stopped to pick up his wife and child at a local store. Mateo left the dog in the car with the engine running and the air conditioning on. It …

Grammy winning singer and songwriter Miguel was arrested yesterday for DUI in Los Angeles, California. Miguel, whose full name is Miguel Pimentel, was pulled over by officers with Los Angeles Police Department’s West Traffic Division and later taken into custody in the early morning hours. The singer was said to have submitted to a breath test for alcohol and tested .10, just over the legal limit in California. Miguel is due in court in Los Angeles on September 9, 2013. Miguel, you, or your lawyer have just ten days from the date of the arrest to contact the California Department …

Topless Activist to Die in Jail? Not Likely. Phoenix Feeley is in jail in Monmouth County New Jersey for not paying a fine she was assessed back in 2008 after she was cited for going topless in a lakeshore area. Who is Phoenix Feeley you ask? And why is this lawyer in California blogging about her? Feeley is described in the media as a “topless activist”, although my career counselor never gave me that category as a potential career choice. Maybe she didn’t think I had the body for it. In any event, Phoenix refused to pay her fine and …

The San Francisco bicyclist traveling at least 30 mile per hour who failed to stop at an intersection and struck a pedestrian will be tried for felony manslaughter. The pedestrian, Sutchi Hui, a 71 year old man was walking across the street with his wife. He died in the hospital four days later as a result of his injuries. Prosecutors for the San Francisco District Attorney’s Office decided to charge the case as a felony believing witness statements that the rider, Chris Bucchere had run two red lights and one stop sign prior to getting to the intersection. Bucchere told …

Ventura County Law Enforcement arrested three men from kern County after they were discovered tending to a 55,000 plant marijuana operation in the Los Padres national Forest located in norther Ventura County near the small town of Ojai. This was very near the site where a record setting bust took place last year. That grow was discovered by hikers while this was discovered by a night surveillance operation by the Ventura County Sheriff. Along with the three men, police found a handgun, growing supplies and about one pound of finished marijuana. One of the three men posted bail while the …

A Riverside County resident was just sentenced to 17 years in prison after pleading guilty to three counts of gross vehicular manslaughter resulting from a DUI traffic collision early last year. Tenina Calhoun of Moreno Valley had been out with friends celebrating her birthday when she got behind the wheel of her SUV and, while speeding down the road, lost control of the vehicle and crashed into a tree. 5 occupants were ejected from the vehicle and three of them died. Calhoun had been charged with three counts of second degree murder as a result of the drunken traffic accident and in a plea …

Former NBA star Gilbert Arenas was in trouble with the law, again, after getting pulled over by CHP for speeding at 2:30 in the morning. Officers discovered Arenas was driving on a suspended license and then searched his truck to find a bed full of illegal fireworks which were promptly confiscated by the cops. The moral to this story might be: Don’t get caught speeding at 2:30 a.m. while on a suspended license if you have a truckload of illegal fireworks with you. Arenas was issued a citation to appear in court after the LAPD bomb squad came out and gave …

A 21 year old man was arrested for allegedly beating a Barista from a local Los Angeles restaurant. The twist here is that the severely beaten victim was said to be a transgender individual who was the target of a hate crime. Nicol Shakhnazaryan was said to be one of your young men who perpetrated this crime. The three other suspects are still at large even after a large reward was said to be offered for information leading to the arrest and conviction of these suspects. Nicol was picked out of a surveillance video tape taken near the location of the incident. …

Sports Icon Al Michaels was arrested Friday night in Santa Monica, California for driving under the influence of alcohol (DUI). Authorities said the legendary sportscaster made an illegal u-turn near the area of a DUI checkpoint that the police had set up in Santa Monica. No doubt one of the chase vehicles caught Michaels as he was trying to avoid the checkpoint. California law requires that DUI checkpoints have an escape avenue or potential turn out for drivers to avoid being forced to drive into the checkpoint. However, as a practical matter, law enforcement always has chase vehicles set up …

Forced DUI Blood Tests and Search Warrants after Missouri vs. McNeely The United States Supreme Court just heard aDUI case from Missouri. It was called Missouri vs. McNeely and it involved a DUI suspect who did not consent to a test for blood alcohol after an arrest. Police forcibly took a blood sample from Mr. McNeely and tried to use the results of the test against the suspect in court. I would expect to hear that in a state like Missouri the cops might get away with warrantless forced blood tests after a DUI arrest – but not here in California, …

Don’t I have to let the police in the house when they ask? Or, don’t I have to come outside when the police ask me to? I have been hearing these questions for years. My answer has always been the same, “No”. We do not have to talk to the police when they come to our door. We do not have to open the door for the police. If we do, we are subjecting ourselves to what we commonly refer to as a consensual encounter. This means that we are volunteering to talk to the police. Please don’t do this. …

Many of us are familiar with the term “Miranda rights”. Some of us can even recite all or at least some of the Miranda warnings from memory after hearing them countless times in television shows or movies. You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in court. You have the right to speak with an attorney before any questioning. If you desire to speak with an attorney and cannot afford one, one will be appointed for you. Do you understand your rights? …

After two Los Angeles County Sheriff’s Deputies were charged with the crime of filing false police reports after they lied about a drug arrest how come the same sheriff’s department is conducting further investigation about the incident? The man arrested by the deputies has since been set free and the two deputies, Robert Lindsey and Charles Rodriguez have been relieved of duty without pay. FYI, the without pay part does not sound good for these two. The two deputies were arrested Thursday, I assume by other sheriff’s deputies, and booked in lieu of bail to be posted by each of …

In the second Supreme Court case in a year to involve drug sniffing dogs, the Court held that the cops need a search warrant in order to bring drug dogs onto your porch. The Court went on to say that not just inside the house, but the “curtilage” of the home should be free from law enforcement searches without a warrant. Curtilage is anything connected to the home or closing associated with the home like the porch or garage areas. The ruling came after Miami-Dade police and Federal agents from the Drug Enforcement Administration started watching a home where they …

A task force of Federal Agents and Sheriff’s Deputies set out on a quest to bust illegal sales of nitrous oxide in a 15 month investigation. The results were ten arrests and the seizure of 13 guns, several magazines and some illegal ammunition. The task force in Los Angeles and surrounding counties was intended to combat the increased abuse, often by minors, of nitrous oxide which can be purchased lawfully at auto parts stores. Dubbed, “No laughing matter” the investigation was said to be the largest law enforcement action ever conducted to deal with nitrous abuse. I understand that nitrous …

20 gang members were arrested after a police raid suspected MS-13 gang members of extorting money from food truck operators. Operation “Protecting The Dream” has been an LAPD task force aimed at protecting blue collar food truck operators from the heavy handed tactics of organized crime. MS-13 or Mara Salvatrucha – 13 gang members have been charging “rent” to food truck operators for at least five years according to ABC news reports in recent days. The Los Angeles Police Department has been investigating complaints that gang members charge fees of between $30 and $100 per month per truck and require …

Two more people were arrested and charged with the murder of a local church deacon after a shooting erupted outside the Westlake area church. One man and two women have been arrested and charged with murder of Andres Ordonez after Ordonez and several other parishioners allegedly confronted vandals spray painting the walls of their church. After Ordonez contacted the individuals, another person was said to have emerged from a car and began shooting at the victims, killing Ordonez and wounding another person. Pedro Martinez, Ivy Navarrette and Janeth Lopez have all been arrested and charged with murder as well as …

Three men were arrested in Ventura County after an extensive undercover operation led police to believe a couple of local medical marijuana dispensaries were selling illegal “bath salts”. Bath salts, as they have become known are said to be a manufactured drug that has a composition similar to methamphetamine and offers some psychedelic effects to its user. The drugs were allegedly being sold right out of the dispensary without any need for a prescription or other medical recommendation. Ventura County District Attorney Greg Totten went public this week after his office and local law enforcement completed their investigation. Totten warned the …

4 naked protesters were arrested this weekend in San Francisco after they failed to comply with police orders and put their clothing back on. That’s right, naked during the winter in San Francisco. I think their movement may get more support in San Diego, but what do I know. In any event, the Huffington Post reports that three men and one woman were arrested in the buff after the police gave them fair warning to dress themselves and they refused. One man was report to have been wearing a mesh thong and the other three were totally nude. Personally, I …

Thomas Gibson, an actor known for his role as “Greg” on Dharma and Greg was arrested today for DUI. Gibson was driving in downtown Los Angeles when authorities said he drove through a barricade set up for a nighttime run through the downtown area. There were no injuries as a result of his driving through the barricades set up to kep runners safe from cars on the road. Prosecutors are always reluctant to reduce or dismiss DUI charges when there is any type of an accident. Often prosecutors and judges take the position that, but for the alcohol consumption, the …

A 40 year old man From Moorpark, California was just arrested for practicing dentistry without a license. Ventura County Sheriff’s deputies and investigators from the state dental board executed a search warrant at the home of William Escobar to find his bathroom converted to a dental exam room. Officers said they investigated Escobar for about a month before obtaining the warrant. Why it took that long it beyond me, but upon entering his home police said they found a dental chair, medication, needles, material to perform orthodontics and more. It seems “doctor” Escobar recommended that one of his patients have …

Please be careful out there: http://baldwinpark.patch.com/articles/avoid-the-100-releases-holiday-dui-checkpoint-schedule-5edfecf2 Please take note of the local DUI checkpoints and special enforcement areas and locations during the holiday season. Don’t drink and drive, but if you do, call me: Jeffrey Vallens (818) 783-5700 or email me at: vallenslaw@yahoo.com.

Surprise, surprise, surprise, Ventura County is stepping up its holiday DUI enforcement, but this year they are adding a new twist. Ventura County has started an undercover operation of following people into and out of court when they are suspected of driving on a suspended license. For some years, the Los Angeles Police Department has been running a unit they call the H2O unit or the habitual traffic offender unit. These officers are part of the Valley or West Traffic Stations and actually perform undercover operations where they follow multiple drunk driving offenders to court, to their homes and their …

A driver hit an electrical transformer in Sun Valley, California yesterday. The crash caused the transformer to blow up and started a fire in a large commercial building in the North San Fernando Valley. The collision caused a power failure to the entire Burbank Airport as well. The fire took hours and over a hundred firemen to put down. The driver was not located as of the next day. I am certain a serious investigation is under way to locate the driver. If you have questions about hit and run or any other criminal law or traffic law matter, please …

Arturo Gutierrez III was arrested in Seal Beach yesterday after allegedly trying to meet an under age female for sexual purposes. Art is a well known young criminal defense attorney in Ventura County and the son of the Honorable Arturo Gutierrez II, a retired Ventura County Judge and former veteran deputy public defender in Ventura County. It is alleged that Art Junior was caught up in a police task force who were investigating the online chat of a juvenile female in Orange County. She was said to have been communicating with several different men and the task force took over …

With the 2012 Thanksgiving weekend coming to a close the California Highway Patrol Reports that statewide Driving Under the Influence arrests were down significantly from last year. This weekend last year there were 903 people arrested for DUI compared to only 840 DUI arrests so far this weekend. The CHP did report that fatalities were up this weekend compared to last year. 17 people died in fatal collisions this year compared to 14 in the same weekend last year. It is still unknown how many of the fatal collisions involved alcohol related accidents. For more information visit: California Highway Patrol. If …

I just got off of the telephone with a woman who was arrested for Driving Under the Influence of Alcohol (DUI) in Malibu, California. She told me that she was pulled over for weaving and arrested for DUI. She submitted to a breath test and blew results of .13. We went on to talk about her drinking patter, criminal history, licensing status, citizenship status, any several other issues which tell an experienced lawyer whether this case has aggravating factors associated with it. We continued to talk about the Department of Motor Vehicle’s (DMV) Administrative Per Se (APS) hearing and what …

The Los Angeles Lakers’ Devin Ebanks was arrested yesterday for Driving Under the Influence of Alcohol in Hollywood, California. Officers with the California Highway Patrol arrested him shortly before 3:00 a.m. and booked him for the crime. Ebanks posted bail and was released with a date to appear in court in early December. According to ESPN, the Lakers organization was aware of the arrest and made no public comment. If convicted of DUI, Ebanks faces probation, a mandatory alcohol school, a fine of around $2,000, the loss of his driving privilege and up to 6 months in jail. The conviction …

The number one response to law enforcement when someone is pulled over for driving under the influence is to tell the police you only had two drinks. Sometimes it’s true, but often times it’s not so true. When clients come into my office to meet with me for a DUI consultation, I often say things like, “my wine glasses are 23 ounces, how large are your glasses”? At this point, clients are often more forthcoming as to the actual amount of alcoholic beverages they consumed the day of their arrest. Even if a client has a fairly accurate recollection of the …

A new law in France is making it compulsory for all drivers in France, including tourists, to carry a breathalyzer kit in their vehicles or face a fine. It is the latest move by the government aimed at bringing down the number of road deaths caused by alcohol. The government reasoned that the new law would make some people think twice before getting behind the wheel after they have been drinking. Drivers who suspect they may be over the limit, can test themselves. Motorists driving without the breathalyzer test kit after the November 1 date, will be handed a fine …

The Black Sabbath Motorcycle Club President was killed in a drive by shooting late Friday night. Clyde Major Thompson Jr., also known as Wild Dogg, 51, was repairing a motorcycle at the club’s San Diego clubhouse, when he was gunned down. The shooter is described as a young black man wearing a black hooded jacket and black shirt. The motive is unclear. Police are searching for the suspect. The Black Sabbath Motorcycle club formed in 1972 by seven African American men who liked to ride motorcycles on Sundays. San Diego is considered the “mother chapter”. Since forming the club has …

Heroin use is on the rise in Ventura County, with a spike of cases found in Simi Valley. The prevalence of heroin addiction is often connected to prescription pain medications. Due to easy access of obtaining a prescription for opiates such as OxyContin, we are seeing a higher demand for heroin on the streets, which offers the same high, only more intense and at a much cheaper price. 75% of heroin overdoses that occurred in Ventura county from January 2010-March 2012 were found to be white males between the ages of 16-30 years of age. Simi Valley residents have responded …

Many people are familiar with polygraph machines or polygraph examinations. Some people are even aware that their scientific value is sometimes questioned and the admissibility of examination results in court is highly limited. Why then would a criminal suspect or defendant submit to a polygraph examination? First, I would only submit a client to a polygraph under certain, very controlled circumstances. Second, I never submit any client to a law enforcement polygraph and never in an environment that is not controlled by me. Finally, I try to avoid polygraph examinations prior to reviewing all police reports regarding any particular investigation. …

Known as “The Voice” of small businesses in America, The National Federation of Independent Businesses is a major player in the news and events for small business in The United States. Please visit their site at www.NFIB.com and read where they heavily quoted Mr. Vallens in their recent article about fraud in the workplace. If you have questions about criminal fraud, theft or any other criminal defense matter, please contact Jeffrey Vallens: (818) 783-5700 or (888) 764-4340 or email me at: vallenslaw@yahoo.com or visit my sites: www.4criminaldefense.com or www.westlakecriminaldefense.com

But I just spoke to another lawyer who said he would take my case for $1,500. How come you want $2,500 (Or more)? These are words that I hear a lot. I try not like to say things like “You get what you pay for” so I will simply explain why you shouldn’t hire the cheapest lawyer around. I will also explain why it may cost a little more to hire the right lawyer for your criminal defense case in Los Angeles. First, most lawyers have overhead or expenses associated with running their own businesses. I have an office, a …

How do you find the right criminal defense lawyer in your community? You do what everyone else does when you want something: You sit in front of your computer and you do a search — most of the time it is through Google. Great. I do my search for “Los Angeles Criminal Defense Lawyer” and I get page after page of people I still don’t know. Some are advertisements and some are “natural results”. This does not help me. Shall I just pick one? Where do I go from here. My answer is still the same as it was one …

Jackie Lacey is running for District Attorney in Los Angeles County. I hope all Los Angeles County residents get out and vote for Jackie. She is clearly the best qualified candidate for the job. She has been a prosecutor with the Los Angeles County District Attorney’s Office for her entire career. She worked her way up to the number two position in the office under the guidance of Steve Cooley. She is endorsed by District Attorney Cooley and almost every other organization that gives endorsements for District Attorney. Read more about Jackie. Please get out and vote. But don’t just …

Riverside Police officer Ryan Bonaminio was killed by gunshot wounds in November of 2010. The suspect in the crime, Earl Ellis began trial today. The opening statement by his defense attorney caused me some great concern for the outcome of his case. The Los Angeles Times reported that Mr. Earl’s defense attorney conceded the death by gunshot wounds and the fact that it was committed by Earl. The defense conceded that the death was a murder but disputed the allegation that it was premeditated. A first degree murder of a police officer carries a potential death sentence. The approach of …

I was recently contacted by the Los Angeles Area Drug Enforcement Administration or DEA. Special Agents on a task force dealing with physicians over-prescribing pills called me because they wanted to talk to one of my clients. My client, who is under doctors care for chronic pain, has been getting prescription pain medication for many years. Although my client has done nothing wrong, DEA agents are investigating my client’s doctors in an effort to determine if certain doctors are over-prescribing drugs. Many of us are familiar with the recent trial of Dr. Conrad Murray. However, we may not be aware …

If you are a police officer in California, it seems as if it is a bad time for you to commit crime. In two separate trials in as many months two different police officers were recently convicted of murder in Los Angeles County. In what is dubbed a “cold case” murder, former Los Angeles Police Department detective Stephanie Lazarus was convicted of beating and shooting the wife of a man for whom she had a love interest. Her defense contended that crime scene evidence was tainted, however, this did not stop the jury from quickly reaching a verdict of guilt. …

The Lancaster City Counsel just approved a spy plane to conduct aerial surveillance over Lancaster ten hours per day and seven days per week. The images captured by the occupied plane will supposedly be transferred directly to the Sheriff’s Department and viewed by assigned deputies in the station. Comments regarding the surveillance plane are mixed at best. Some residents, including the City Mayor, R. Rex Parris are happy about the crime fighting potential the plane may have. The ACLU has other concerns. Why should honest people who are not breaking the law be subjected to surveillance by the cops and …

How do you know that the lawyer you are hiring is an expert at criminal defense? There are a lot of highly competent lawyers in our community. How do we know that the lawyer we pay is the right lawyer for the job? We can start by checking his references on certain legal web sites. For example, Avvo or Justia list attorney profiles and attorney complaint as well as reviews by clients and by fellow lawyers. Read the reviews. If most of them aren’t good, you should probably be looking in another direction. Has your lawyer ever been quoted by the media …

In the wake of the Conrad Murray trial, there has been a lot of talk in the media about the strategy of the defense in a criminal trial. To many people’s surprise, Dr. Murray elected (it’s ultimately his choice) not to testify in his own defense. Many people question why he did not testify. In Dr. Murray’s case, he is represented by two highly skilled criminal defense attorneys. I met Michael Flanagan some 15 years ago when I took his multiple week DUI defense program offered through The University of Southern California’s Law School. Mr. Flanagan and his partner, Charles …

I am constantly asked how a potential client can find a good criminal defense attorney. My answer is often the same: Meet with the lawyer whenever possible; Do you feel comfortable with the lawyer? Be worried about any lawyer who promises the world or any lawyer who tries to scare you to death. Make sure you meet with the actual lawyer who will be handling the case. Make sure you are not meeting with a salesman or paralegal or any other such person who is not going to be your lawyer. Remember, if the lawyer does not have time to …

I currently have a client charged with evading arrest and DUI in the San Fernando Courthouse of Los Angeles County. He also has a 20 year old strike prior from a previous alcohol-related driving incident. In fact, is entire criminal history involves alcohol use or abuse. According to my client, he has been abusing alcohol since he was 18 years old. This was the time he enlisted in the Navy. He served in a combat zone in Viet Nam and was honorably discharged shortly after the war ended. While in the Navy he was trained in aviation electronics and has …

Many years after the voters in California passed an initiative to allow legal use and possession of marijuana, the federal government still does not see it our way. The Compassionate Use Act allows authorized persons with medical needs and a doctor’s recommendation to have, use and even cultivate marijuana for personal use or for use as a caregiver or within specified group. I got a call just this Friday from a woman charged with possession of under an ounce of marijuana. She was on a federal military base and had the marijuana (with a valid CA prescription) on the base. …

One of the first questions that a prospective client asks me is always about cost: How much will it cost to hire a criminal defense attorney like you? My answer is always the same: I have an office policy minimum and I don’t get on any case for less than $2,500. The fees go up from there depending upon severity of the case, prior criminal history, court location and other factors. Like all things in life there are exceptions to the rule. Driving on a suspended license cases or traffic tickets would likely cost less money. Likewise, there are reasons …

The California Highway Patrol reported that DUI arrests were up significantly from last Labor Day Weekend. Not only were DUI arrests up, but fatal accidents were up as well, says the CHP. Last year only one fatal accident was reported during the first two days of Labor Day Weekend, but this year there were six reported fatal accidents. In addition DUI arrests were up to 1,008 from 990 last year. The CHP reported that there had been a downward trend in DUI arrests and fatal traffic collisions over the last few years. Sadly, this year has shown an increase in …

A Riverside County man was tragically sentenced to 29 to life in prison for shoplifting less than $21 worth of merchandise from a Home Depot Store in the Lake Elsinore area. Yes, he had an extensive criminal history. Yes, he was on parole for at least one prior felony conviction. Yes, he has had strikes “stricken” before. And yes, it should have happened again. According to the local media, Scott Hove, 45, of Riverside County, was previously charged with a third strike offense in Riverside County. In that case, he was charged with drug possession. The District Attorney argued to …

Due to the State budget crises, California plans to start moving low-level, nonviolent offenders from over-crowded prisons to the over-crowded jails run by the State’s 58 Counties. Recently, Los Angeles County Sheriff Lee Baca submitted a plan to begin the prisoner transition from State Prison to LA County Jail. Clearly this is a plan that is destined for failure. LA County’s jail system is already amongst the largest municipal jail system in the world. It is already overcrowded, understaffed and the conditioners there are, in a word, disgusting. How then does Sheriff Baca expect to accommodate more inmates from the …

A staff member at a West Hollywood plastic surgery clinic was caught in the act of practicing medicine without a license. After getting complaints from the State Medical Board, investigators fromthe agency starting watching a clinic at Sunset medical Tower on Sunset Boulevard very closely. When the Board inspectors went to the facility what they found was scary. As staff member at the doctor’s office was not only diagnosing patients’ medical conditions but was administering laser treatment to patients. According the the local media, the owners of the clinic are manny and Pie Calayan, neither of whom are medical doctors …

10 Los Angeles Police Department Officers from the West Traffic Division sued the City of Los Angeles alleging that the LAPD has a traffic ticket quota that the officers must meet. The officers alleged, among other things, that they were being punished for refusing to obey quota requirements set by their superiors. Other allegations included denial of overtime and other benefits for not going along with the quota’s. The suit also alleges that traffic officers were given negative performance reviews based upon their failure to issue enough tickets and meet their superiors quotas. Setting quotas for issuance of traffic tickets …

Los Angeles County Superior Court Judge Harvey Silberman was found not guilty yesterday. The judge was indicted in 2008 for allegedly violating a State Election Code. He was accused of bribing another candidate in an effort to get her to step out of the race. In trial, two witnesses testified against Silberman. They were working on his judicial campaign at the time the alleged crime occurred. Silberman’s attorney argued that the witnesses lied about their stories in an effort to get better “deals” from the prosecutor. The two had pled guilty to misdemeanor in order to avoid trial on felony …

California’s jailhouse informants may soon need to find a new source of income and benefits. The State Legislature just passed a bill prohibiting convictions in criminal cases which are based entirely upon the uncorroborated testimony of jailhouse informants. Governor Brown is expected to sign the bill into law in the near future. Jailhouse informants are inmates in jail or prison who testify for the prosecution in criminal cases. They often do this in exchange for some sort of payment or other benefit. A benefit could include a lesser sentence in a criminal charge which the informant is facing him or …

The Supreme Court says that judges cannot give longer sentences to convicted felons just so they may be sent to a rehabilitation program in custody. In a 9-0 decision, the U.S. Supreme Court stated that judges could not increase a defendant’s sentence just so the Federal Bureau of Prisons could fit them into their 500 hour drug treatment program. It has long been known that an inmate who participated in the Fed’s 500 hour in custody drug treatment program could earn time off the end of their sentence for successfully completing it. For this reason and hopefully for treatment purposes, …

Playing with firecrackers can get you burned in California. After a juvenile court commissioner found that two teens didn’t intend to set a forest fire, he sent them home on probation. Apparently the Los Angeles County District Attorney was not happy with the result and appealed the conviction or the sentence. The California Supreme Court found that willful and malicious conduct in throwing a cherry bomb on a brush covered hill is sufficient for a finding of arson. This is very significant in the California criminal justice scheme. Arson is not only a strike offense for purposes of California’s Three …

California Governor Jerry Brown recently signed legislation that will cause thousands nonviolent felons to serve their time in county jails instead of state prisons. Here in Los Angeles County, that will likely mean a great deal to the inmates. Here in Los Angeles County we typically see inmates in county jail serving only a small percentage of their given sentence. For Felonies it is common that my client serve a third of their sentence or even less in some cases. Other counties differ greatly from Los Angeles. Just next door in Ventura County, inmates typically serve 66% of their sentences, …

I regularly get calls from potential clients who do not wish to give out any case-specific information and want to get a “quote” over the telephone for the cost of my criminal defense services. It is difficult to quote a fee without knowing the specific facts about a particular case. When I speak to a potential client who just wants a quote over the phone, my first question is usually, “Do you have a minute or two to speak with me about the facts of your case?” The answer is often yes, in which case I am able to obtain …

After a staff member from the American Civil Liberties Union witnessed two deputies beating the limp body of a jail inmate, the group has sought out a federal investigation into the incident. Last month an ACLU employee was at the downtown Los Angeles Jail when she noticed through a window that an inmate was being punched and kicked by two deputies. The witness indicated the inmate was so limp that she feared he was dead. Apparently sheriff’s records confirm that there was some sort of altercation on January 24, of this year. The sheriff’s report indicates that the inmate was …

Say goodbye to Parker Center and say hello to the new and expansive (and expensive) Metropolitan Detention Center.  This is not to be confused with the other Metropolitan Detention Center that is operated by the Federal Bureau of Prisons.  Is is possible that someone at LAPD could have come up with a different name for their new 84 million dollar jail facility that sat vacant for the last two years? The jail is finally opened and LAPD Chief Charlie Beck is already having to defend his actions to pull some 90 patrol officers off of their field assignments to help …

Here in Los Angeles people have long had a liberal view of illegal drug use.  In recent years we have seen our state’s marijuana laws become more and more liberal as well.  Not all other states take the same view toward unlawful drug activities like personal use and sale of small amounts of drugs. As people’s views toward drug use tend to liberalize, a phenomenon occurs within the court system.  It becomes increasingly difficult to find twelve jurors who will hold a defendant accountable for certain minor drug crimes.  Most people think of the term “drug dealer” as someone who prays on the …

DUI arrests both locally and across the state increased this year from last year. The CHP reported that the number of people arrested for driving under the influence of alcohol drugs or both increased significantly from 2009 to 2010. The number of DUI related collisions was the same as last year and happily, no fatal collisions were reported this year or last year in Ventura County. Sadly, the CHP reported there were nine people killed during Thanksgiving weekend in DUI related collisions. Let’s be smart out there. Don’t drink and drive. Use a designated driver, take a taxi or even rent a limo. …

Expect to see extra CHP cruisers on the 118 freeway for the next year. The California Highway Patrol obtained a large grant to fund extra DUI patrols on State Highway 118. These funds will go toward extra patrols, overtime and support services for the Moorpark and West Valley CHP offices to combat drunk driving. The funds were awarded because the 118 freeway is said to be one of the top five most dangerous freeways in California for DUI related injuries and deaths. CHP representatives say we should expect to see three to four times as many CHP patrol cars on the 118 …

If you are reading this then you already know the question, so what is the answer? With the average bail in Los Angeles County set at over $20,000, it will cost you or someone close to you a lot of money to secure your freedom. Bail is set by law in California and regulated by the State Department of Insurance. Bail fees are set at ten percent for most cases and can be eight percent in certain circumstances. This means that if your bail is set at $20,000, your cost to post a bail bond will be around $2,000.00. Before …

Tesitify or face discipline says LAPD Deputy Chief David Doan.  LAPD issued a new directive telling officers not to request the dismissal of traffic tickets where they had no independent recollection of the events of the ticket.  Does the Deputy Chief of LAPD really need to tell his officers that they should take notes to help aid their memory of past events?  I suppose that’s better than him telling them to simply make stuff up when they are testifying. Testimony in court is really quite simple.  Tell the truth.  If one cannot remember a past event, then they should simply …

California Senator Roderick Wright from Los Angeles County was just indicted on charges of perjury and voter fraud stemming from his Senatorial race and voter registration in 2007.  He also is alleged to have voted fraudulently in 5 subsequent elections as well. At least we know he is out there voting.  Also, it seems that his co-workers in politics have nothing but good things to say about his work as a politician. The LA Times reports he was indicted by a grand jury and is facing multiple felony charges based upon signing documents under penalty of perjury which say he lives in his senatorial district when …

The U.S. Department of Homeland Security recently reported that the top reason for “removing” or deporting immigrants is based upon their being detained for crimes involving “dangerous drugs”. these crimes involve the manufacturing, sale or distribution and even possession of illegal drugs. Dangerous drug crimes caused the deportation of almost 30 percent of all people deported in 2009. Next to dangerous drugs came traffic offenses which accounted for 16 percent of deportations and then came other violations like illegally entering the country of smuggling of other immigrants into the country which accounted for over 15 percent of deportations. Statistics maintained by …

Prosecutors in New York just sent a Chinese born American citizen to federal prison for 37 months for importing and selling millions of dollars worth of counterfeit Trojan brand condoms. 4.3 million counterfeit condoms were recovered in the 6 year investigation which lead to the conviction. Prosecutors indicated that condoms were tested and found to be defective and leak, burst or otherwise not be spermicidally lubricated as the authentic version should be. Court documents indicate that condoms were imported from China and packaged under several different names in the Trojan line. The products were then sold as authentic to both wholesale and …

Former Los Angeles County Sheriff’s Deputy Peter Paul Felix was just sentenced to four years in state prison for bringing drugs into the very jails that he was charged with protecting.  He must have done it for the money, right?  As a deputy with two years on, Felix was probably going to make close to $100,000, in the full year he left the Sheriff’s Department.  With a salary like that, the idea of supplementing one’s income by a few thousand dollars does not seem to warrant the risk losing your job or going to prison.  Why then would Deputy Felix …

On a more serious note, two who were previously sentenced to death by courts in Japan were hanged last week.  The executions spurred serious animosity by citizens rights groups including Amnesty International.  Here I go again:  Was it the death or the method of death that spurred the debate? One man was convicted of setting fire to a jewelry store which ended up killing six people.  The other fellow strangle a woman and stabbed a man to death to end up on death row. Japan is one of the few remaining industrialized countries which still employs the death penalty.  I must …

According to the LAPD, there will be a DUI/Driver’s License Checkpoint set up this Friday, July 24, 2010 from 8:00 pm until 3 am.  It will be operated by LAPD’s West Traffic Division and it will take place on Venice Boulevard and Walgrove Avenue in Los Angeles. Remember my words:  Don’t give the pricks a reason to pull you over.  If you happen to drive through a sobriety checkpoint, don’t give the cops cause to investigate you further.  If you are out in West LA this weekend, and you plan to drive, don’t drink.  If you are drinking, don’t drive.  …

Proposition 19, California’s initiative to legalize the possession, growth and use of marijuana by people over 21 is losing ground according to the latest Field Poll.  The latest poll shows that more potential voters are likely to oppose it than support it. The poll goes on to show that the division appears to be on ethnic lines.  While more white voters support the legalization, black, hispanic and asian voters tend to be against it. Let’s wake up our pot smoking friends and get on the move.  Maybe we should offer brownies to people if they show us their “I voted” stickers.  For the …

Luis Mijangos, a paraplegic man from Orange County was arrested and charged with multiple counts of violating federal laws as he extorted sexually explicit images from women and girls in the Southland.  Federal authorities allege that he utilizes software to gather photos or video from the victims.  He then emails the victims and threatens to expose the photos publicly. Interestingly, instead of asking for money, he asks his victims to send him additional sexually explicit photos and video.  It appears that many of his victims did what he asked.  When authorities searched Mijangos’ home they found dozens of videos from …

Beverly Hills attorney Michael Inman was arrested yesterday after he allegedly brought heroin and methamphetamine into a courthouse lockup facility in downtown Los Angeles.  Inman was held for felony charges and bail was set at $190,000. The location of the arrest which is within the Clara Shortridge Foltz Criminal Justice Center, or CCB as it has been known for years, houses hundreds of inmates who are attending court hearings in the massive courthouse.  Sheriff’s officials say that a drug dog that was there to check inmates for narcotics alerted on Mr. Inman after which Inman was found to be in possession of black tar …

Singer Chris Brown was recently denied a visa for travel to the United Kingdom because of his criminal history.  As a result of the visa denial, Brown’s tour had to be postponed.  As a result of postponing his tour, Brown is out a lot of money. What does this have to do with me, you ask?..After all, I’m a U.S. citizen…It’s not like I’m going to get deported or something, right?.. Criminal defendants are effected by their cases in more ways than they know.  Not only can non-citizens be deported, they may also be denied re-entry into the country or …

The United States Supreme Court just, or should I say unjustly, ruled that crime suspects must affirmatively invoke their Miranda rights in order to afford themselves the protections under the landmark decision in Miranda vs. Arizona.  What this means to the average Joe is that instead of simply refusing to speak, a defendant, who is in the custody and law enforcement and subject to interrogation, can no longer simply remain silent.  He or she must now say something like “I want to talk to my lawyer”, or at least, “I don’t want to speak to you”, in order to stop …

Another “Bling Ring” defendant plead no contest to the residential burglary of actor Orlando Bloom’s home.  Alexis Neiers, who the media describe as a reality star, had previously denied knowledge of the burglary indicating she was present but too intoxicated to know what was going on.  I’m glad her defense attorney didn’t try to sell that to a jury. She appears to have pled no contest to residential burglary, which is a strike under California’s Three Strikes Law.  Her sentence appears to be as follows:  Two years state prison, imposed and suspended,  three years of formal probation, 180 days in county jail, …

In an article that could hardly be characterized as “news” a local newspaper reported that according to a report by the American Civil Liberties Union, there is abuse at Los Angeles County’s Men’s Central Jail. Frankly, I thought this was common knowledge. Seriously though, the ACLU wrote a report covering a twelve month period of time from 2008 to 2009 based on weekly visits to the jail and reviewing numerous inmate complaints. Complaints ranged from assaults by to deputies to more complicated schemes involving other inmates taking direction from deputies. As a criminal defense attorney I understand what a difficult …

Earlier today a Federal Judge dismissed a lawsuit by three Orange County, California residents who contended that a total ban on marijuana dispensaries in certain cities in Orange County violated the American’s With Disabilities Act. Federal District Court Judge Andrew Guilford indicated that marijuana cannot be prescribed under the ADA, thus, the Act did not apply to marijuana. As such, the parties bringing the action were not likely to win at trial and the case was dismissed. It seems to me that an argument under the Equal Protection Clause might have been more successful. For example, it would likely be found …

Actor Randy Quaid and his wife Evi were booked Monday on felony charges of defrauding an inkeeper in Santa Barbara County. They were each released after posting $100,000 bail. My first thought after reading about Mr. Quaid is that times must be tough for him too. However, if he and his wife both posted $100,000 bail, that means they likely payed a bail bondsman 10 percent of that amount or put up the whole amount themselves. It seems to me that they might have been better off paying the hotel bill to begin with. That is, assuming they really owed it. Defrauding …

Do you need or do you know someone who needs to find an attorney in their area? One of the best ways to find an attorney is by referral. If you are looking for a lawyer in a field other than criminal defense, or if you are looking for a lawyer outside of Southern California, feel free to call me or send me an email and I will do my best to help you. Because I have been practicing law in Southern California for over 15 years, I have a lot of resources and contacts to find quality lawyers and other …

July 1, 2010 is the beginning of a pilot project in Los Angeles County where every person convicted of DUI will be required to install an ignition interlock device in their vehicle. For those of you who don’t know what an ignition interlock device is, it is a machine, installed into your car that you have to blow into in order to start and keep driving your car down the road. If the machine reads blood alcohol you will not be able to start or keep driving your car. No problem you say, I can just not drink before I drive. The …

Convicted murderer Ronnie Lee Gardner is facing the death penalty in an Utah state prison. He is asking that his death sentence be by way of a firing squad. I had a few questions after hearing this story. What country are we in anyway? And what type of person makes up the firing squad? In 2010, even in Utah, what sick individual signs up for the job of firing squad member? Personally, I have never seen that entry on a job description: Member of firing squad. I have never been asked in a job interview: Would you be willing to be …

Nerses Galstyan, the suspected April 3rd shooter at the Hot Spot Restaurant in Valley Village was arrested yesterday without incident.  He was apprehended by a federal fugitive task force in the State of Washington.  Galstyan is suspected of shooting 6 men, 4 of whom were mortally wounded. After the shooting, Galstyan was indicted by a federal grand jury on weapons charges including dealing firearms without a license.  He is alleged to have participated in the sale of firearms to an informant working for the Federal Alcohol, Tobacco,  Firearms and Explosives Agency.

A task force arrested 23 people regarding recent attacks against the Hemet Police Department and city property in Hemet, California.  Police suspected a white supremacist group was to blame for recent attacks in the city.  The attacks included burning city vehicles and setting up several dangerous booby traps at police facilities. A task force was set up with local, state and federal officials who executed searches at dozens of locations to seek out suspects in the crimes and to make arrests on unrelated charges including weapons and narcotics. Apparently, law enforcement is still conducting an investigation regarding the attacks and is still …

April 20th has long been a day that has been celebrated by marijuana smokers and 2010 seems to be no exception. I recommend that the day be celebrated by a visit to one’s doctor who can provide the 4/20 aficionado with a medical recommendation for the lawful use of marijuana. Marijuana has long been thought to be medically beneficial for a variety of ailments. I you are one suffering from almost any medical condition, you might seek a doctor’s recommendation for marijuana. Once you receive such a “prescription” then it is truly time to celebrate. However, until then, smoking marijuana …

San Diego, California sex offender John Albert Gardner plead guilty to killing two girls and attempting to rape another. He will be sentenced to life in state prison without the possibility of parole. I believe that Gardner was instrumental in helping police recover the body of one of his victims. For this, the prosecution agreed to spare his life and not seek the death penalty for his crimes. Gardner is set to be sentenced on June 1, of this year. I would expect to hear statements from the families of the victims at that hearing. This should be a highly emotional hearing. …

Several former high ranking “officers” of Blackwater Worldwide were indicted on weapons charges last week. In what was described as a “Straw Purchase”, Blackwater personnel allegedly financed the purchase of automatic weapons for a small sheriff’s department. The weapons were supposed to be stored at Blackwater’s facilities, but owned by law enforcement. Blackwater has denied the allegations. Generally speaking only military and law enforcement personally can own or possess automatic weapons. There are limited exceptions to this for holders of specific federal firearms licenses or antique weapons. Otherwise, civilian personnel can only own semi-automatic weapons. Personally, I think that most …

The Orange County District Attorney has declined to file criminal charges against a La Habra City police officer who crashed into and killed a husband and wife who were on their way to hear their daughter sing in a church musical. Sources say that the California Highway patrol investigated the crash. The officer was said to be on her way to assist in the pursuit of a parolee. The CHP estimated her speed at 62 in a 35 mile per hour zone. CHP investigators recommended that criminal charges be filed against the officer but the District Attorney’s office declined. The …

I just won another DMV hearing. The facts were as follows: Defendant was pulled over for doing 55 miles per hour down Ventura Boulevard around 11:00 p.m. Officers indicated they smelled alcohol on the suspects breath, her eyes were red and watery, her face was flushed and her speech was slurred. The got her out of the car and she failed to perform the field sobriety tests as instructed. She blew into a hand held breathalyzer with results of .08 and .09. She was arrested. At the station she blew a .07 and a .08. The court case was reduced …

A police officer and a former police officer were recently indicted for civil rights violations stemming from wrongful use of their taser guns. The incidents happened in 2004 and 2005 in the City of Desert Hot Springs, California. If my math is correct that is about five to six years ago. My first questions is, why did it take so long to file charges against these two men? In recent years, many of us have noticed that almost all of our local law enforcement officers are now carrying Taser devices on their belts. In days past, Taser devices were limited …

A dog beater in Riverside got sentenced yesterday to three years of probation 90 days jail to be served on weekends, community service hours and anger management classes. Glynn Johnson of Riverside is a former Assistant Los Angeles County Fire Chief who was convicted of animal cruelty which apparently stemmed from a neighbor dispute over some noise problems. Weekends in jail and anger management classes seem appropriate under the circumstances, however, it seems absurd to sentence a dog beater to community work with animals. Maybe the judge could have thought that item through a little more clearly. In the end …

My client was charged with residential burglary and grand theft stemming from a classic bunco scam where she and two co-defendants convinced their victim they could “clone” his money.  The victim handed over 1.6 million dollars in cash.  The defendant’s took 1.3 million in cash and left the victim holding his withdrawal receipt in his hand. I was able to get probation for my client…that’s right, probation.  Now my question is:  Does crime pay?  The cash was never recovered. Call me, maybe I can help.  (818) 783-5700 or email me at vallenslaw@yahoo.com.

I just walked a client into court in Newhall/Santa Clarita.  He bench warranted several months ago.  His public defender told him he would be going to jail for ninety days.  He walk out of court and never went back.  He came to my office and hired me on Friday.  The case was for driving on a suspended license with a prior and probation violation for the same thing.  My client is also not a U.S. citizen cannot get a driver’s license and has already been deported after his last case. I walked out of court with my client and an …

I couldn’t help but notice the LA Times today which had a long article about the Doctor in LA who pulled in front of two bikes and slammed on his brakes.  He just got sentenced to 5 years in state prison.  That’s gonna suck.  I would rather share the road with a couple bicycles than share a cell with a guy named Bubba.  Maybe the doctor, and many of us for that matter, can learn a lesson from my 3 year old boy.  “Take a deep breath and count to ten”.  I don’t care what the bikes were doing (and …

Finding the right lawyer can be a difficult job. It used to be considered unprofessional for lawyers to advertise. Those days are gone. Lawyers spend a lot of time and money looking for new clients by advertising. It used to be that the best way to find a lawyer was by being referred by someone else who used that lawyer and was happy with their services. This has not changed. The best way to find a lawyer is from someone you know who has used that lawyer, or by someone you know who knows that lawyer. It seems like whenever I …

246 people were arrested for DUI in California on Christmas Eve.  71 of those were in Los Angeles.  To all of you and all of those who did not get caught I say:  Don’t drink and drive. Please read my article on the costs of a DUI. For those of you who were arrested, please talk to a lawyer about your situation.  Please read all the paperwork that you got the night of the arrest.  If you don’t understand it, ask a lawyer.  Please contact DMV within ten days of the arrest to set a hearing to prevent an automatic …

Not every case result can be spectacular.  However, I can perform a valuable service for each and every client. Today I went to court for RC.  He had a DUI in the South bay and he blew breath results of .14 and .15.  RC was pulled over for making an illegal turn and weaving.  His breathalyzer machine was in proper working order.  I am sorry to say I was not able to get the charge dismissed, but I was still able to help my client out a great deal. RC owns and operates his own business.  He works six days …

I just came from court in Burbank where I achieved a fantastic settlement for JC.  JC was pulled over and found to have several thousand dollars in cash and 26 baggies of cocaine in his car.  There were also four cellular phones with one wringing off the hook. Police convinced him to let them search his house where they found three pounds of cocaine, one pound of marijuana and two loaded handguns.  Did I mention that both of JC’s children (ages 1 and 3) were at home? Result?  Probation and 180 days in county jail.  Another good day, and another …

Another lawyer recently asked me to help out a friend of his on a DMV hearing. The hearing was set to start in about ten minutes and I had never seen the file. I told my friend I would do what I could. I soon found out the the cop was under subpoena and so was the blood alcohol expert for the DMV. I quickly reviewed the discovery and went to town. I immediately identified our issue: Drinking after the driving. I cross-examined the cop and their expert witness and and it went like better than I could have hoped. …

When I first meet with a client (AH) to discuss his case, I never know what the outcome of the case was going to be. I usually have an idea of a likely outcome, high hopes for a positive outcome and the client’s idea of a desired outcome. What I do know is that many criminal cases require investigation by the defense. This usually requires utilizing an experienced private investigator. One of the problems with hiring a good PI is that they are expensive. Client’s often often don’t have or don’t want to spend extra money to pay the PI, …