Articles Tagged with California criminal attorney

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Fourth Amendment protections guard Americans from unreasonable searches and seizures. However, the use of dogs in helping to conduct searches for contraband and drugs is quite common throughout the country. That is where the potential for violations of these protections can become a serious issue. 

Traffic Stops

Police dogs are often used during traffic stops.  To be clear, police are required to have a legitimate reason to stop a vehicle in the first place, such as witnessing an improper lane change, for example. You can be pulled over and issued a citation, but they must have probable cause to believe you have committed a crime or see evidence of a crime in order to search the vehicle without your permission. In other words, without your consent, they cannot search, and a dog cannot even circle the outside of your vehicle. Additionally, police cannot force you to wait around longer than necessary in order to get a dog to the scene, and they cannot use the dog to obtain probable cause of a crime without your advance consent. 

If an officer reasonably believes that there are exigent circumstances, they can prolong your stop. That would mean there is evidence to suggest:

  1. You have a weapon on your person or within arm’s length;
  2. You are likely to destroy evidence of a crime.

 How Accurate are Dog Searches When they Occur?

In a study conducted by the Chicago Tribune, researchers concluded that just 44% of dog alerts led to findings of drugs or drug paraphernalia. However, in the case of Latino drivers, the accuracy rate for the dogs dropped to a ridiculously low 27%. Both statistics are alarming, and the discrepancy amplifies concerns. What could be the reason behind this inconsistency? It is illogical to think the dogs could be racist! Dog experts believe the problem lies with the handlers, who can inadvertently or intentionally miscue their dogs when they take them around a vehicle too frequently or too slowly. When handlers are more suspicious of particular individuals, the dogs could be given indications that they should alert.

At Your Home 

Privacy protections in your home are guaranteed by the Fourth Amendment, as well. In order for police to bring a dog to your home,  they must have probable cause. The dog is not allowed at your door or on your porch or unless officers have a warrant, probable cause, or your consent.

Airport Sniffers

In an airport, it is not considered a search when a police dog sniffs luggage randomly, and officers have no need for probable cause when bringing dogs through. There are several types of screening dogs that are commonly found in airports:

  1. Drug-sniffing dogs in search of narcotics;
  2. Bomb-sniffing dogs in search of bomb components,  C-4, and TNT;
  3. Dogs searching for agricultural contraband such as banned foods and/or invasive species.

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Anyone who is looking at charges of elder abuse probably already knows how emotionally charged the topic can be. In addition to criminal charges, the accused may face reputational damage, financial losses, and a tumultuous change in lifestyle. Now, more than ever, you need a criminal defense attorney who is prepared to deal with every aspect of your defense with authority and commitment.  

Defining Elder Abuse

Elder abuse occurs under a variety of circumstances and in many ways. In any case, it is distressing and can result in grim physical and psychological harm, or even premature death. Families can be divided, finances can disappear, and trust can be permanently devastated. This type of victimization occurs in the home of an elderly person, in a nursing home or care facility, or elsewhere, and can involve strangers, family members, friends, professionals, and staff members in care facilities. The abuse falls into five basic categories:

  • Neglect: The failure to provide basic care and assistance necessary for hygienic and healthy living;
  • Physical Abuse: Hitting, kicking, slapping, pinching, unnecessarily restraining, withholding medicine, and so forth causing physical harm;
  • Psychological Abuse: Controlling an elderly person through intimidation, threats, humiliation, etc.;
  • Sexual Abuse: Forced sexual contact, taking unwanted photographs of a sexual nature, and even initiating unwanted conversations of a sexual nature;
  • Financial Exploitation: Withholding an older person’s money, engaging in unauthorized or manipulated spending, or using manipulation to convince an elderly person to sign documents they don’t understand for one’s own financial benefit.

Federal Protections 

There are multiple federal laws on the books to protect older Americans:

A couple of federal laws on the books related to elder abuse enhance protective services, improve interactions between agencies, and develop principles for monitoring and certifying nursing homes. The Elder Justice Act (EJA) and the Nursing Home Reform Act work in tandem toward these ends. The Elder Abuse Prevention and Prosecution Act (EAPPA) allows for the assembling and examination of elder abuse data and delivers support to victims of abuse. 

California Penalties

The state of California takes elder abuse very seriously, with significant penalties associated with each level of abuse that might occur. If an elderly person is killed, it could mean the death penalty for the perpetrator. Rape charges could mean 8 years in state prison. Penalties for lewd acts could lead to a year in jail in the best-case scenario, and up to 10 years in prison for more serious acts. Financial crimes are punished based on the amount of money involved, and offenders could spend as little as one year in the county jail or as much as four years there, in addition to fines. Continue reading

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If you have been involved in a fatal shooting, it is possible you may be charged with manslaughter, or even murder, related to the incident. But was the homicide justified? Is it ever legally acceptable to kill another human being? The fact is, under limited circumstances, such as while defending oneself, other people, or one’s home, lethal force may be legally permissible. 

Is Retreat Required in the Face of Aggression?

California’s Stand Your Ground law is clear in stating that you have no obligation to retreat prior to using force if certain conditions are met:

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Drugs and alcohol abuse impact a person’s life—from their family, co-workers, and friends to the community in general—and the repercussions can be devastating. The weight of addiction reaches far and wide, from schools to prisons and everything in between. In fact, one of the greatest impacts is the connection between addiction and criminal activity. 

Statistics 

It may come as a surprise to learn that the lion’s share of people in prison are there in part due to substance abuse. Four out of five offenders have abused alcohol or drugs, and about half of all inmates experience a clinical addiction. At the time of their arrest, more than 50% of arrestees are under the influence of drugs or alcohol.

Drugs

While there are certainly criminals who do not abuse drugs, and drug users who do not commit crimes, when it comes to the most severe levels of drug use, the correlation between crime and drug use is real. Undoubtedly, significant drug use intensifies and prolongs any preexisting criminal activity in which a person may be involved. There are four basic types of impacts drugs may have on crime:

  • Crimes related to drug use, when a person’s thoughts and activities are influenced by the drug;
  • Crimes related to drug attainment, when crimes are committed in order to pay for a drug habit;
  • Crimes related to procedures, when individuals produce, transport, or sell drugs;
  • Crimes related to rivalries, when turf wars or other violence intensifies among those involved in the drug manufacturing world

Alcohol

  • Individuals with dependence on alcohol commit 40% of all violent crimes.
  • Of convicts currently jailed in this country, 2 million say they were drinking when they were arrested;
  • One out of every two assaults and homicides occur after the assailant, victim, or both, have been drinking;
  • More than 60% of attacks among people who know one another—about half a million– occur while the attacker is using alcohol.

More to Know…

  • Some seedy segments of the adult world do not have the corner on addiction and criminal activity:
  • Eight in ten youths in juvenile detention systems were committing a drug or alcohol offense or tested positive for drugs or alcohol at the time of their arrest. 
  • Annually, more than 500,000 college students under the age of 25 are assaulted by a fellow student who has been drinking.
  • Alcohol is involved in 95% of all violent crimes that occur on college campuses.
  • 90% of sexual assault crimes and cases of date rape that occur on college campuses involve alcohol.

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When faced with criminal charges, the smartest thing you can do is find an experienced, reputable criminal defense attorney who will fight for you. Once you have that attorney, the two of you need to collaborate to come up with the best defense possible. Achieving the best results will require a few things of you: 

  • Discuss your goals with your attorney.  What will be considered a win? Do you want to stay out of jail at all costs, or will a shorter sentence be acceptable compared to the possibility of a maximum sentence? Their strategy going forward will be different depending on your expectations.
  • Be truthful with your attorney.  They need to know everything about your case. Don’t leave anything out because, as any attorney will tell you, getting gobsmacked with harmful information down the road is much trickier to deal with than facing it head-on from the get-go.
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After an arrest, many people find themselves feeling so alarmed that they just cannot think straight. But it is important to hold it together because mistakes in this situation can be costly. Try to think logically, and keep these tidbits in mind.

  • Cooperate, while remaining silent until you have contacted your attorney. It is NEVER a good idea to resist arrest or actually try to run away from police.
  • Call your attorney immediately. Police clearly suspect you of committing a crime, and having your attorney by your side is critical to having your rights protected.
  • Do not speak. Remind officers (politely) of your Fifth Amendment rights. You are not required to answer any questions before your attorney arrives because anything that you tell them could ultimately be used to make a case against you. Resist even casual conversation that might seem unconnected to the case at hand. You should not try to explain or defend yourself at all. The only things you should consider asking is if you are free to go, or if you can call your attorney. Period.
  • Limit what you share about the case with friends and family. They may later be called to testify in the case, so whatever you disclose could wind up being discussed in a courtroom at some point. Do not put them in a position where they may have to share information that could hurt your case.
  • Do not post anything on social media sites that could suggest a negative character or lifestyle. You just never know what might be used against you later on. Do not post anything about the case at hand.
  • Do not contact your accuser. Do not try to apologize or clear up any misunderstandings. If they try to contact you, shut it down and let your attorney know.
  • Show up for court on time, appropriately dressed, and with the right attitude.  Anything less might be interpreted as a sign of disrespect for the judge and/or the judicial process. Any belligerence, cockiness, or general disrespect on your part could lead to contempt of  court charges. That will only make matters worse—and could even mean fines and/or jail time.
  • Do not try to get rid of potential evidence. You do not want police going through your garbage cans and finding something that could be incriminating—it is a great way to get additional charges added related to trying to destroy evidence.
  • Be straight with your attorney. A good criminal defense attorney will fight for your rights, but that is tough to do if you hold back relevant information. When the prosecution surprises your attorney with facts, it is incredibly difficult to achieve positive outcomes.

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After a date that led to physical intimacy—intimacy that you thought was consensual– the partner involved has reported a completely different scenario than what you remember, and you’ve been charged with rape. How could this happen, and what does it mean for your future? 

California Penal Code

According to California statute, there is no real difference between a date rape—one that occurs between people who know one another and are friends or romantic partners– and the sexual assault that occurs when unknown assailants attack random victims in dark alleyways. Simply knowing someone does not give one the legal permission to engage in sexual intercourse if the other person cannot or does not give their willing consent.

What is Consent?

Consent is the free agreement among parties to engage in sexual activity. It cannot occur in certain situations, including:

  • When a minor is involved;
  • When incapacitation due to alcohol consumption or drug use is a factor;
  • When threats or intimidation are a factor;
  • When one party is unconscious;
  • If the power differential between the individuals is seriously lopsided, as in between a teacher and student, for example.

Enthusiastic Consent

When assumptions are made based on what a person is wearing or the ways in which they are flirting, it can lead to serious mistakes. In the latest models relating to relationships, the goal for understanding is enthusiastic consent, which means there’s a clear “yes,” not simply the lack of a “no.” While smiles, eye contact, and body language are all part of the signaling system that may establish moving forward is okay, it’s important to get clear verbal affirmation, as well, particularly when you are with someone you don’t know well.  And never forget that a person is legally able to change their mind at any point. 

Date Rape Drugs

In some situations, individuals determine that they have been raped based on the fact that there is no memory of a block of time and because they may have indications that they have been engaged in sexual activity. Date rape drugs may have been slipped into food or drinks in order to prevent a victim from resisting.  Some of the most common drugs used in this way are Rohypnol (Roofies), Ketamine, and Gamma-Hydroxybutyric Acid (GHB), but there are many others out there. If evidence of these substances, along with other clues, are discovered in a forensic exam, it can go a long way toward a rape conviction.  Continue reading

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Sexual assault is something that happens every day, but when it occurs at the hands of police officers, it is somehow even worse. And studies show it is not an occasional problem. Officers who are sworn to serve and protect sometimes make victims out of arrestees.  It happens across the country, including right here in California.

Case in Point

An officer has been indicted for assaulting a number of women here in the state. The abuse ranged from instructing a victim to remove her clothes with no legitimate legal reason to forcing victims to have sex, in one instance, after locking his victim in his car and driving to a remote location. If the charges hold, the officer could be spending the rest of his life in prison and paying hundreds of thousands of dollars in fines. When individuals in power use the badge to manipulate and harm people, it is a horrendous crime. That is even more true when the victims are children.

WaPo Study

According to a study conducted by the Washington Post, children have been sexually abused by police officers and sheriffs’ deputies in hundreds of situations country-wide. And in many cases, these abusers have used their connections and knowledge of the law to protect themselves from the most serious of consequences. For example:

  • An officer who offered to “help” a 13-year-old run-away and be her mentor wound up ultimately impregnating her.
  • An L.A. County sheriff’s deputy abused a woman he had stopped near a hotel. He was later allowed to become a bureau detective with the special victims unit, where he sexually abused a 15-year-old girl.
  • A 16-year-old who was considering becoming a police officer went on ride-alongs with one officer who sexually abused her in multiple locations. After pleading guilty to statutory sodomy, he received only probation as his sentence. 
  • When a 14-year-old went to the hospital for a rape kit, she wound up being raped again—by the officer in charge.

Officers Groom Teens

In case after case, officers meet troubled teens and spend months grooming them and gaining their trust and the trust of their parents. Then they created situations when they could be alone with the teens and threatened them if they told anyone about what was happening.

Departments Must Do Better

Researchers concluded that police and sheriff departments must be better about flagging issues in officers’ background checks and at responding to complaints when they occur. Additionally, officers must be compelled to report incidents they see or suspect. Continue reading

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If you are booked in jail for a DUI, you should be pretty worried about how the whole thing will impact your life. In particular, this is a serious situation if this is not your first issue with driving under the influence of alcohol or drugs, and you are going to need the skills of an experienced criminal defense attorney in order to secure the best outcomes for you. 

California Law

The laws related to alcohol and cannabis are quite strict in the state of California. In terms of simply being in a vehicle, you may not:

  • Consume alcohol or cannabis as either a passenger or a driver;
  • Carry alcohol or cannabis products in the passenger compartment if they are unsealed;
  • Hold alcohol in the glove box in an open container.

BAC Limits

While most people understand that drivers may find themselves getting a DUI if it is discovered that they have a Blood Alcohol Concentration (BAC) of 0.08% and higher, some may not realize that drivers under the age of 21 can get a DUI if they have a BAC of just 0.01%. That is true for drivers who are older but who are on probation for having had a DUI. Drivers who are hired to transport passengers (like ride-share or taxi drivers) or those driving vehicles requiring a commercial license could get a DUI with a BAC of 0.04%.

First Convictions

A first conviction could result in the following:

  • Revocation of your driving privileges;
  • Enrollment in a DUI program;
  • Mandatory filing for SR ww/SR1P (expensive auto insurance);
  • Fees related to driver’s license restriction and/or reissuance;
  • Potential requirement to have an ignition interlock device installed in your vehicle and related costs;
  • Up to six months in county jail;
  • Fines of up to $390;
  • Vehicle impounding with related storage fees;
  • Probation;
  • 10 years having the DUI conviction on your driving record.

Second and Subsequent DUIs

For anyone convicted of a second DUI, the penalties get much worse. Fines jump up to $2,000, DUI school extends to up to 30 months, and jail time could double to up to a year. Other penalties will be extended, as well. If there were any aggravating factors, such as a BAC of 0.15%, having a minor in the vehicle, refusing to submit to testing for chemicals in your blood, speeding, or causing an accident, the legal consequences could get even worse. Continue reading

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When looking at the potential penalties related to criminal charges you are facing, it can be more than a little unnerving. That is one reason it is so important to have an experienced attorney on your side. The fact is that there are many details in criminal law, one of which relates to the wobbler. Yes, the term sounds a bit trivial and flip, but wobblers are very serious business in the criminal justice system. Successfully addressing a wobbler in a court of law can have an enormous impact on the penalties you face, from incarceration to fines and beyond. What, then, is a wobbler? 

Wobblers

Wobblers are an exclusive class of crimes that vary in their level of seriousness. Plenty of offenses are wobblers, including property defacement, domestic violence, vehicular manslaughter, and assault with a deadly weapon. Some of the most common wobbler cases include certain drug charges, sexual battery, and forgery. Notably, these crimes may be charged as either a misdemeanor or a felony, meaning the penalties can be fairly mild or very, very serious. A guilty verdict could land an offender with a simple fine, in the county jail, or with a lengthy prison sentence.

Misdemeanor or Felony?

A judge considers the specifics of cases involving wobblers to determine whether the crimes should be charged as misdemeanors or felonies. Some factors to be weighed include the severity of the crime, as well as any previous charges and convictions the defendant may have amassed. 

Felony Charges Have Long-Term Implications

Certainly, being charged with a misdemeanor, even a gross misdemeanor, has far better outcomes for defendants than felony charges. Besides having much lighter penalties, the social shame associated with felony charges is much tougher than is it for misdemeanors. And there are more:

  • Felons may be denied housing;
  • Felons cannot vote while in prison or on parole;
  • Felons may not serve on a jury while imprisoned;
  • Felons may have professional licenses revoked, suspended, or disqualified permanently;
  • Felons may be barred from working with labor unions, banks, federal defense contractors or subcontractors, and more;
  • Felons may be denied other employment opportunities based on employer preference;
  • Felons cannot serve in the armed forces;
  • Felons cannot purchase or possess firearms, and could be charged with another felony if they violate this rule for anywhere from 10 years to life;
  • Certain felons may not hold public office;
  • Felons may not be eligible for student loans;
  • Felons may not be eligible for public assistance;
  • A felony record may be more difficult to expunge.

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