Los Angeles County Criminal Lawyer Blog

Prosecutors dismissed pending DUI charges against Hills star Stephanie Pratt in Los Angeles Superior Court in exchange for a no contest plea to a reduced misdemeanor charge of Exhibition of Speed.

As part of the plea negotiation, Ms. Pratt will be required to attend Alcoholics Anonymous meetings for eight weeks, complete a twelve week alcohol education class and she will be placed on unsupervised misdemeanor probation for three years.

Often times when one is faced with California Vehicle Code Section 23152, for DUI or drunk driving in California, there is the potential for an experienced DUI attorney to reach a plea bargain solution with the prosecutor for a plea to a reduced charge in exchange for a dismissal of the original charge of DUI. This may be an option when the client's blood alcohol content as measured by a breath or blood chemical test administered by the arresting officer is relatively low or there is some other weakness in the prosecutor's case.

Some examples of reduced charges that may be an option in California DUI cases in descending order of severity are, Wet Reckless, Dry Reckless, and as in Ms. Hill's case, Exhibition of Speed.

As for the reduced charge of California Vehicle Code Section 23103.5, Wet Reckless, some of the benefits as compared to a standard DUI conviction are, less expensive fines, less severe impact on car insurance premiums, and little to no alcohol education classes. Also, a plea to a charge of Wet Reckless will not be considered a second time DUI for the purposes of enhanced penalties where the driver has suffered a prior DUI conviction within the past ten years. However, a DUI conviction within ten years of a Wet Reckless conviction will be considered a second DUI and the client will suffer enhanced penalties. Moreover plea to a Wet Reckless charge will not result in the suspension of one's drivers license. However, the DMV can still suspend one's license pursuant to a separate DMV hearing also known as an Administrative Per Se or APS hearing.

An even more desirable option is that of Vehicle Code Section 23103, known in the context of DUI plea bargaining as a Dry Reckless. A Dry Reckless plea avoids court ordered ...

Continue reading "Hills Star, Stephanie Pratt Pleads to Reduced Charge in DUI Case After Successful Plea Negotiation" »

After pleading to one felony count of grand theft and one felony count of possession of methamphetamine, former three year veteran of the Glendora Police Department, Timothy Radogna, 34 received a 180 day jail sentence handed down by Los Angeles County Superior Court Judge Craig Richman. He also received three years of felony probation, and was ordered to take part in a 24 month drug rehab program and pay $500 in restitution to the Glendora Police Department, according to the Los Angeles County District Attorney's office.

Under California Health and Safety Code Section 11377, Possession of Methamphetamine, the law provides for up to three years in state prison. This charge is what is known as a wobbler, meaning that it can be charged as felony or a misdemeanor. As a misdemeanor charge, it carries up to one year in county jail. In some instances, a defendant in California may be eligible for alternative sentencing when faced with this charge. Such sentencing known as either the Proposition 36 program or the PC-1000 program requires the defendant to undergo drug treatment and drug education for a proscribed period of time. If the defendant successfully completes the program, the drug charge is ultimately dismissed. In this case, Radogna would not be eligible for most forms of alternative sentencing because he is charged with the non-drug related charge of Grand Theft along with Possession of Methamphetamine.

Under California Penal Code Section 487, Grand Theft, the law provides for up to three years in state prison. This charge is a felony. Grand Theft is theft of property or services, the value of which exceeds $400.

Continue reading "Plea Entered by Former Glendora Police Officer in Methamphetamine Possession, Grand Theft Case" »

Last April O'Neal plead to two drug related cases, one involving felony possession of heroin and methamphetamine and the other involving felony possession of methamphetamine in exchange for an opportunity to take part in one of California's drug diversion programs. Had O'Neal finished the drug diversion program without any violations, the pending drug possession charges against him would have been dismissed.

When it comes to alternative sentencing for defendants convicted of drug possession California has been very progressive over the last ten years or so. In California, alternative sentencing for drug offenders also known as drug diversion falls under two main programs. One known as PC-1000 or Deferred Entry of Judgment (DEJ) and the other known as Prop. 36.

Continue reading "Redmond O'Neal Remanded to Jail by Los Angeles County Judge for Violating Drug Court Probation" »