I am, however, a Hollywood defense attorney, and as such I’ve seen more of these cases than you realize, spoken to families going through this tragedy, and I have a broader understanding of the issue.  As you dig deeper into these cases you realize that the perpetrators are often victims of violence themselves, and/or come from dysfunctional families.  As gross as their crimes may be, they are also victims.  Weston Cage has his own demons.  In my mind there is absolutely no doubt about that.

The day after the violent incident is a chaotic day for everyone.  The abuser is filled with remorse and regret.  The victim is hurt and drowning in depths of sadness.  There may be charges to deal with, public scrutiny…it is a difficult time for everyone involved.

In the State of California, the penalties for domestic violence are incredibly severe.  If you have been charged you are looking at jail time.  How you conduct yourself in the wake of domestic violence will determine if you go to jail, if you receive treatment, and your permanent record.  As a Hollywood defense attorney I work with families every day to provide relief for their immediate situation and point them to avenues of healing.

If you or a loved one has been involved in a domestic violence dispute, call me or come by my office.  You will find a sympathetic ear and shoulder to lean on.

Image via Wikipedia

I Stumbled Upon an article a few weeks back about “celebrity lawbreakers”.  It was a blog that was obviously meant to be humorous regarding those celebrities who have either been caught driving while under the influence of drugs and/or alcohol or caught with their proverbial knickers down in an undercover prostitution sting.  There is something about watching the rich and famous tumble from great heights that really grabs the attention of the American public.  Here in Hollywood, even with celebrity sightings everywhere, Los Angelinos are still gripped to the television when celebrity criminal cases go to court.

As a Hollywood defense attorney I don’t really make a distinction between celebrities and the “average” citizen–mostly because I know better.  As a former prosecutor I have seen it all.  I’ve seen people at their best, their worst, and their most vulnerable.  When I see celebrity mugshots like those in the blog I was describing I don’t smirk.  I don’t smile.  I see someone who made a mistake, an error in judgment, or (in many cases) someone with some serious inner demons they are battling.

Celebrities are no different than anyone else when it comes to legal issues.  They face the same set of consequences as you or I.  The only difference is that they have more people “advising” them on how they should handle their court case.  And as you can see from certain Not To Be Named starlets their advisers don’t always give them the best advice.  A good Hollywood defense attorney, someone like myself who also worked in the prosecutor’s office, uses the same tools and techniques as the more high profile attorneys.  When you hire an attorney like myself you are getting the same exact service as celebrities get with their higher priced attorneys.  Don’t look at an attorney’s rate or office location to determine who should represent you, look at their track record.  How successful has he or she been?  Does he or she treat you with respect?  Do you get a good vibe from him or her?

An attorney’s rates do not necessarily correlate with their abilities.  There are some cheaper attorneys with no experience and some higher priced attorney’s who can’t offer any better service than the moderately-priced attorneys.  The fact is that certain starlets who we won’t name didn’t get preferential treatment by the courts.  It was neither better nor worse than what you might receive on your DUI case.  She just paid her lawyer a whole lot more than you would.

Courts City of Los Angeles

The other morning I was surfing the Net over coffee when I happend upon a blog post instructing individuals as to how they might successfully “self represent” in a court of law.  It went over all of the “whys”, “hows”, and “whens” someone should represent themselves in court.  When I got to the part of the blog where they explained how to defend a DUI I almost fell out of my chair!  It was grossly inaccurate and cavalier in its advice that I had to present a counter argument–I am a lawyer, after all– lest anyone out there actually consider going before a judge after they were pulled over with a California DUI and think that they are going to convince the courts that they should be exempt from mandatory penalties imposed by our state legislature.

California has gotten very tough on DUI offenses.  Your vehicle can be impounded and sold, you can lose your license, do jail time…this is not something to be taken lightly.  When it comes to Hollywood DUI offenses the worst thing you can do is to represent yourself in court.  Take it from this Hollywood defense attorney, no good ever comes from representing yourself in a DUI case.  There are far too many penalties that are associated with DUIs today for you to take such a chance.  This isn’t traffic court.  You didn’t just get a speeding ticket.  You have the potential for a felony on your record.

When you get a Hollywood DUI you absolutely want a lawyer on your side that knows how to mitigate the circumstances of your arrest, who can negotiate with the prosecution for better terms prior to a judge having his or her say.  The prosecutor needs to already be in your corner on what the terms of the case will be.  A good Los Angeles defense attorney is already working for you before you even hear the words: “All rise…”

Take if from me.  If you are going to represent yourself let it be in traffic court or small claims.  Never in a DUI defense.

Image via Wikipedia

Even in an instance where there were no injuries involved in the DUI, the courts see a second offense as an indication of a behavioral pattern and will definitely raise the stakes on a defendant.  This where you definitely will need a good LA DUI attorney on your side.

The courts can decide (but usually don’t) to make the second offense a felony even in the case of a non-injury DUI.  If there was property damage, for example, the court might decide that the DUI merits being a felony.  Your Hollywood criminal attorney can help to keep this possibility from becoming a reality by mitigating the circumstances of the case and relating the incident from your perspective in such as way as to move the courts towards keeping the case a misdemeanor.

All of the same penalties as with a first-time DUI are still applicable, only this time the terms are broader and longer:

• Jail Time–the sliding bar moves from 48 hours to 6 months for a first offense to 90-120 day mandatory (but no more than a year)
• Fines–$390 to $1000
• Vehicle Impound–vehicle can be seized and disposed of (yes, disposed of)
• Driving school–time in school is also raised to 18-30 months
• Probation–this time you will be assigned a probation officer
• Community Service–10 days are mandatory for a second offense as an alternative to jail time
• License Suspension–2 year suspension

As you can see the potential for jail time is quite high for a second offense.  You will need a good lawyer, someone like me who has been on the other side of the court as a prosecutor, to help you get the lowest possible sentencing for your DUI conviction.  The State of California takes DUIs very seriously.  Even celebrities like Paris Hilton, Lindsay Lohan, and Nicole Ritchie saw jail time for their DUI offense. If you’ve been involved with a second offense DUI come see us today.

In a situation where there were no injuries, where you were just pulled over by a police officer, the charge is usually that of a non-felony, misdemeanor offense.  However, when an injury does occur this can (and does quite often) be become elevated to “felony” status.

In the first example, that of a typical first offense, non-injury DUI, the judge has many options for punishment that are all out there on the table which is why it is best for anyone facing a DUI case–even if it is their first offense to contact an LA DUI attorney or Hollywood defense attorney like me.

Fines

Fines are probably the most benign penalty the courts can bestow.  They are also the most common.  Fines range from $390 plus penalty assessment to over $1000 plus penalty assessment.

Jail

Unfortunately, this can be a result of a first time DUI.  Jail time can be anywhere from 48 hours to 6 months for a first offense.  Avoiding jail time is probably the biggest reason someone would want to choose a Hollywood criminal attorney like myself.  There are ways of getting around jail time, and having been a prosecutor prior to my life as an LA defense attorney I know all of them.

License Suspension

Another tool utilized by the courts is a 6 month license suspension–1 year if you are under the age of 21.  This one hits hard since most of us use our own vehicles to get to and from work.  The courts can restore driving privileges for work after 30 days if hardship is proven.

Vehicle Impound

Yes, they can and often do impound your vehicle even on a first offense.

Ignition Interlock Device

You could also be ordered to install an ignition interlock device.  These are devices that must be breathed into before the vehicle can be started that can prevent the inebriated from driving the vehicle.  If the court mandates that you must have an IID installed on your vehicle you will also be required to present paperwork to the DMV.

DUI School

How long you are mandated to attend has a lot to do with your age and BAC (Blood Alcohol Content) at the time of the arrest.  Under 21 and you will be attending a DUI school, over 21 and you may still be required to attend for 3-6 months.

Community Service

Most Hollywood DUI lawyers will try and work with the courts to have their clients get community service.  Not only is it less punitive (especially for the first time DUI offender) but it is also restorative.  Helping others is always good for the soul.

Probation

In a first time DUI case with no injuries the probation one might receive is usually informal (meaning without a probation officer).

All of these are approaches to dealing with non-felony, first time DUI offenders in the state of California.  As you can see, the punishments are wide-ranging which is why you need a good Los Angeles DUI attorney to help you to mitigate the circumstances and reduce the penalties surrounding your DUI.

A Charge of Indecent Exposure in Los Angeles Will Threaten Your Future- Image via Wikipedia

If you are charged with indecent exposure in Los Angeles, the consequences could be far reaching. These types of charges are intimidating and embarrassing. Individuals arrested on these types of charges are often pressured to confess or plead guilty before they are aware of what a plea could mean to their future.

Because they are embarrassed, many individuals think that if they cooperate with a guilty plea, they can escape further embarrassment, but that is false. A charge of indecent exposure in Los Angeles will not “just go away” if you plead guilty.

The California Penal Code defines indecent exposure as the act of publicly exhibiting one’s genitalia to one or more persons, usually with the intent to shock or disturb the unsuspecting viewer. Indecent exposure is a sex crime. The punishments for sex crimes in California can be embarrassing, costly and severe. However, the cost of a conviction for indecent exposure can not be tallied in dollars and cents alone.

A conviction for misdemeanor Indecent Exposure, under California Penal Code 647, carries a penalty of up to five years of misdemeanor probation, up to one year in the county jail, and fines in addition. A second, or subsequent offense, can be charged as a felony and carry much harsher penalties, including state prison sentences. Regardless of whether a conviction under this section is a misdemeanor or a felony, any conviction of this offense requires lifetime sex offender registration pursuant to California Penal Code section 290.

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A person who is charged with ​indecent exposure​ may find their entire future in jeopardy. If you are an immigrant, a conviction for indecent exposure or any other sex crime can result in your deportation. Regardless of their citizenship status, a person faces many serious and costly consequences if convicted of a sex crime. Indecent exposure, depending on the circumstances, can result in misdemeanor or even felony charges.

If you are facing charges for indecent exposure, public indecency or a ​public sex act in Los Angeles, it is essential that you contact an attorney immediately. Remember, if you plead guilty or are convicted your conviction will become a matter of public record. If you are placed on the California Sex Offender Registry your picture, address and your conviction will be viewable to family, friends, neighbors as well as current and future employers.

Domestic Violence, Los Angeles: Serious Consequences in California- Image via Wikipedia

The Centers for Disease Control and Prevention and The National Institute of Justice have estimated that there are roughly 960,000 incidents of domestic violence committed yearly in the United States. As many as three out of four people questioned in a variety of surveys report knowing someone who has been the victim of domestic violence.

The crime of domestic violence is committed by men and women, against a current or former spouse, boyfriend, girlfriend or roommate. Domestic violence can occur even between adult parents and children or adult siblings.

Whether you are a man or a woman, if you have been arrested for domestic violence you are dealing with charges that could impact your finances, your present and future employment, your housing and freedom. In domestic violence Los Angeles convictions, you may not be able to legally own or purchase a firearm again.

If you have children or intend on having children or adopting, a domestic violence Los Angeles arrest or conviction can influence potential custody and visitation cases. If you wish to adopt or serve as a foster parent a domestic violence conviction can eliminate any chance of that happening.

Because of the nature of the crime or alleged crime, many states, including California have adopted a “no-drop” policy in regard to domestic violence charges. Even if the victim of the alleged crime does not wish to press charges, the charges are carried forward by the State.

I​t is important to note that once the police are called, there is nearly always an arrest made. The immediate result may be that the accused is jailed. They face an appearance before a judge and will have to post bail. They may find that they have been barred from returning to the location the crime occurred in or from having further contact with the victim. This can be problematic if that location is their shared residence.

By contacting an experienced Los Angeles attorney immediately,​ a person accused of the crime of domestic violence can make the immediate impact of their arrest less difficult.

After that, an investigation of the circumstances of the arrest and parties involved by an experienced attorney can be helpful to the individual charged and the parties involved. Remember, domestic violence charges can be addressed with a strong advocate.

I can certainly understand the need for DUI penalties–especially in those cases where harm was doing to human life due to the defendant’s inebriation.  However, punishment is not the deterrent to future incidents when someone has a substance abuse issue or happens to be an alcoholic.  Punishment does nothing to prevent the individual from getting behind the wheel of the vehicle again while under the influence of drugs or alcohol.  I know this because I see it every day.  Even those who lose their license will still try to drive.  Unless a police officer is stapled to their bodies the alcoholic or drug addict will continue to behave in reckless ways.  Punishment after the fact may give them pause for awhile, but it won’t cause any permanent change in behavior because, ultimately, they are still an addict or alcoholic.  Rehabilitation, however, can and does change behavior.

I see my job as a Hollywood defense attorney as trying to bring balance to the community I live in.  How is society served by punishing drug addicts and alcoholics?  Their offenses are usually not severe enough to take them off the streets permanently.  They will eventually commit another act of crime or ignorance because they are controlled by addiction and dependency.  In my opinion, society is served when the individual redeems himself or herself and becomes a productive, functioning member of society.

It would have been nice to see a rehabilitated Rodney King in the pages of the newspaper rather than yet another mugshot.

Breathalyzer, Blood, Urine and Field Sobriety, Beverley Hills: Your Rights and Responsibilities- Image via Wikipedia

If you have been stopped by law enforcement in Beverly Hills on suspicon of DUI, then chances are you may be subjected to a Breathalyzer, Blood, Urine  or Field Sobriety Test. Whether or not you are in full understanding of what these tests mean, you should be certain that you are aware of your legal rights when it comes to these types of tests​.

When an officer suspects that a driver is driving under the influence of drugs or alcohol, the first step in determining probable cause for additional tests is The Standardized Field Sobriety Test (SFST).  This test typically consists of three parts and is performed at the location of the stop. The National Highway Traffic Safety Administration developed this test and officers are trained to administer it. These parts are:

·      Horizontal Gaze Nystagmus (HGN),

·      Walk-and-Turn (WAT),

·      One-Leg Stand (OLS).

To perform these tests, the officer will ask the driver to follow an object placed in the driver’s line of sight when it is moved.  The officer is looking for jerking eye movements that are characteristic of those who are impaired.  The next two steps are known as “divided attention” tests.  The officer will ask the driver to perform movements while listening to instructions.  There are parameters that officers are trained to observe during these tests.

If an officer determines that the driver has difficulty performing these tests, probable cause for further tests is established.  Of course there are many factors that can enter into the validity of these tests and you will be able to challenge the results using a reputable attorney.

Drivers facing further testing after an initial field test will have to make a decision about whether to take a Breathalyzer, blood or urine test.  Again, there are a number of factors that can enter into this decision.  The tests results and their use in court is under review all the time, and you do not have to take a test or to accept the results.

A Breathalyzer is a device that is used to estimate a person’s blood alcohol content. The driver will be asked to blow into the device which then takes a ​reading and makes a calculation for the amount of alcohol in the individual’s blood. Although these devices must be certified by the Food and Drug Administration, there has been significant controversy about the accuracy of these tests.

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Blood and urine tests are not done on site but are done by a technician.  These tests also estimate a driver’s blood alcohol content but can be problematic for a number of reasons.

When a driver faces a Breathalyzer, Blood, Urine or Field Sobriety test in Beverly Hills, there are many variables that can affect the legality and accuracy of the test.  A skilled attorney can respond to those concerns in defense of a driver who faces DUI charges based on that testing.

An Administrative Hearing Los Angeles Can Help You Keep Your License- Image via Wikipedia

If you have been charged with any kind of ‘Driving Under the Influence’ charge in Los Angeles, then you should already be aware of the automatic suspension of your driver’s license. An automatic suspension occurs whether the charges are the result of a first time DUI charge or something more serious.

What many people don’t know is that they do have the option of addressing the automatic suspension of their driver’s license in an Administrative Hearing.  It is important to stress that an Administrative Hearing is only an option for a limited time (just ten days) after the initial suspension.  The importance of acting swiftly to request a hearing cannot be overstated.

A driver who has had their license suspended may feel hopeless and wonder just what an administrative hearing can do for them. ​If you live in Los Angeles, then you must know that the value of a driver’s license is substantial.  It can affect your livelihood and your ability to support your family and meet your financial obligations.  Losing your driver’s license could result in the loss of your job, your home and your future.

The State of California has set up the Administrative Hearing to allow an appeal of the automatic suspension. That said, keeping a license after a DUI charge is difficult.  Going into an administrative hearing unprepared is inadvisable.  Keeping your license or obtaining a temporary license that can allow you to continue working depends on the case you present at your hearing.

There are other types of charges in the State of California that can result in the suspension of driving privileges.  Drivers who have been suspended following a hit and run or any other moving violation also have the option of an Administrative Hearing.

Remember, if you do not act promptly, within a period of ten days, any chance of keeping your driver’s privileges while your case is being adjudicated will disappear. At the Administrative hearing, you must clearly communicate the importance of retaining your driving privileges for both you and your family.  An attorney experienced in the Administrative Hearing process can make the difference between keeping and losing not just a license but their job and future.