Los Angeles County Criminal Lawyer Blog

Rodney King Jr., the man whose beating by four Los Angeles Police Department officers sparked the 1992 Los Angeles riots, was recently arrested and charged with DUI and is free on bail, the Los Angeles Times reports.

A charge of DUI in Los Angeles or the surrounding area is often seen as a conviction, but that's simply not the case. While it's easy for the media to report on arrests, they sometimes don't follow up to see arrests turn into acquittals and not guilty verdicts by juries. OR cases in which prosecutors are forced to drop the charges. Using an aggressive Los Angeles DUI Attorney to defend your case is critical, whether you are a celebrity or not.

In King's case, according to the newspaper, he was arrested in Riverside County when deputies arrested him after witnessing alleged vehicle violations as he drove. They report he appeared to be under the influence of drugs or alcohol. He was freed on $2,500 bail.

On March 3, 1991, King was driving with two other men when he got into a high-speed chase with officers. After more officers and a helicopter joined the chase, he was cornered and stopped his car. His two passengers complied with police and were taken into custody. King, who, with the other men, had been drinking, didn't comply. After firing Tasers and ordering him to comply, officers began beating him, as many as 56 times, which was caught on tape by a man nearby.

A year later, when four of the officers went on trial and were acquitted, more than 50 people died, 2,300 were injured and 7,000 fires damaged more than 3,000 businesses after people began rioting. They did so in Los Angeles, Las Vegas and as far away as Atlanta because of the perceived injustice.

But now, some 20 years later, King was arrested in connection with a drunk driving incident. King, who has appeared on VH1's "Celebrity Rehab" to tackle his fight with alcoholism, currently faces trial on this new charge.

In California, there are two separate matters that must be addressed when someone is arrested and charged with DUI -- the criminal case as well as a driver's license administrative hearing.

The most pressing, because of time constraints, is the driver's license hearing. A person arrested for DUI has 10 days from the date of the arrest to request a Department of Motor Vehicles hearing to contest the suspension of a driver's license. These hearings are largely administrative, meaning the suspension can be challenged based on the officer's actions more than the facts of the alleged crime.

But the criminal case is the more long-term process, one that requires challenging all of the state's evidence, including breath testing, field sobriety testing, the initial stop, any statement the defendant may have made to police and other evidence produced by law enforcement.

This can be done by pointing out missteps made by the police, evidence that was improperly collected and challenging why the initial traffic stop was made. Law enforcement officers must have probable cause to initiate a stop, meaning they must be able to show a crime was committed before beginning the DUI investigation.

Continue reading "Rodney King Faces DUI Charge in Los Angeles Arrest" »

Three Ventura men, including a juvenile, were recently arrested and charged with a robbery attempt, the Ventura County Star reports.

A robbery charge in Ventura is serious and can involve life-altering penalties if not properly defended in court. That's why trusting in an experienced Ventura Criminal Defense Lawyer is critical in order to challenge the facts the state intends to introduce at trial.

According to California Penal Code Section 211, robbery is defined as: "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear."

The "fear" can be of unlawful injury to the person or to that of a relative or another person in the company of the person being robbed.

Regardless of the circumstances, and including an attempted robbery, the charge is punishable by time in prison. If someone works with another person and robs a home, the charge is a first-degree felony and is punishable by up to nine years in state prison. In other circumstances, the charge can be punished by up to six years in prison. If charged as second-degree felony, the charge can be punished by a five-year prison sentence.

According to the newspaper account, Ventura County Sheriff's deputies responded to an attempted robbery in the 6500 block of Ventura Boulevard. A man alleges he was riding his bicycle in the area when three males surrounded him and stopped him from leaving. The suspects, 19, 18 and 15, demanded the victim's gang affiliation and searched his backpack.

The victim wasn't injured and nothing was taken, but the older suspects were arrested nearby and are charged with attempted robbery and conspiracy. The 15-year-old faces those same charges as well as on an outstanding warrant for failing to appear on a previous resisting arrest case.

According to statistics from the California Department of Justice, there were 69,391 robberies in 2008. Nearly half of those cases were categorized as highway robbery, which include in streets and parking lots. Commercial robberies accounted for 21 percent, residential robbery 8.4 percent and bank robbery 1.8 percent.

Some people are confused about the difference between robbery and burglary. Burglary, in contrast to robbery, is taking property from a structure, rather than a person. Burglary is typically when someone breaks into a home, car or building and takes things, but doesn't approach a person. Robbery is a more serious crime because it alleges taking from a person, which can sometimes lead to injuries to the victim.

In robbery cases, eye witness accounts, the testimony of alleged co-conspirators, sometimes physical evidence, such as fingerprints, and video surveillance can be important to the state's case. An aggressive Ventura Criminal Defense Attorney will work to suppress evidence and aggressively challenge the state's witnesses through cross examination in order to shred their credibility in front of a jury.

Continue reading "Three Ventura Men Charged in Connection with Robbery Attempt" »

A Ventura man was recently arrested and charged with armed robbery in connection with an incident on May 27, ABC News reports.

Ventura Criminal Defense Lawyers are available to handle any type of criminal charge, ranging from DUI to armed robbery and murder. Hiring the right attorney can be one of the most important decisions a defendant makes.

According to news reports, the 22-year-old man is accused of robbing two men at gunpoint May 27 in the 600 block of Brakey Road. Police believe that when one of the victims refused to hand over his property the suspect struck him in the head with his handgun. After firing his gun into the ground near one of the victim's feet, he allegedly fled in a vehicle driven by an unknown woman.

No one was injured from the gunshot, but the victim struck in the head by the gun received a small laceration. The female suspect is still at large, the news reports.

What is unclear from the news report is how police were able to determine that the 22-year-old was responsible for the crime. Many times, criminals prey upon people they know. The news report also doesn't say what was stolen, it's value and whether a gun that was used during the crime was ever recovered.

Other times, victims mistakenly identify a person in a photo lineup simply out of desire to have someone punished for the crime. Either way, the defendant has the right to an aggressive criminal defense.

In any case, it is important to assess all the facts and do independent investigation to determine what the trial strategy will be. Our firm doesn't simply ask for plea offers or accept the first one that comes around. We will attack the state's evidence and witnesses in an effort to exclude as much evidence from trial as possible.

According to California Penal Code 211-215, robbery is punishable by three, four or six years. It is defined as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

Crimes involving a weapon, if proven, can also be enhanced, leading to serious prison time. That's why it's so important to fight the charges. It is advisable not to make a statement to detectives if you are being investigated for a crime. Police are allowed to lie to suspects and make up facts or confirmed evidence to entice a person into confessing. A jury will always be instructed not to take into consideration that a person didn't speak to police and it can't be used against you at trial.

But people often try to talk their way out of a charge or try to throw off police. It's human nature for many people to try to get out of trouble. But the problem is detectives can use evidence to contradict the statement and that can look bad for a defendant. If a defendant wants to make a statement, it's best to wait until trial. That way, the prosecution can't plan for what you'll tell the jury, in your own words, without police interference and badgering.

Continue reading "Ventura Armed Robbery Suspect Nabbed By Police" »

It's been four years since Lindsay Lohan was convicted of DUI charges, but she's still dealing with the conviction to this day because of the terms and conditions of her probation, ABC News reports.

DUI in Los Angeles requires an aggressive defense because otherwise you could be stuck dealing with a probation officer for several years after a conviction. While some people jump at the chance to avoid jail in lieu of probation, it can be a bad choice, depending on the commitment of the defendant. That's why hiring an aggressive Los Angeles DUI Lawyer to guide you through the criminal justice system and help you make the best decisions is imperative.

ABC News recently reported that Lohan was hauled back before a judge at Los Angeles Superior Court because she failed an alcohol test and was recently spotted by paparazzi having a rooftop party with friends; she's serving time on house arrest for an unrelated theft charge. A judge, however, ruled that she didn't violate her probation because there was no order in place to test her for drugs and alcohol.

The judge, however, ordered her not to host any more parties and sternly warned her not to do stupid things that fly in the face of the court.

More than 500 motorists a day are charged with drunk driving in California, totaling more than 200,000 people a year. And many of those people will end up serving time in a county jail. Others may be looking at a term of probation.

And what many people misunderstand about probation is how difficult it can be to complete. Los Angeles DUI Lawyers have heard clients say they'd rather go to jail than serve time on probation because they know they will fail. Not only does probation cost money each month, but the terms and conditions of probation for DUI can include random drug and alcohol testing (that the defendant must pay for), leaving one's home only between certain hours and having a probation officer keep tabs on your life 24 hours a day.

And many times, not complying or failing a term of probation can lead to jail time anyway. Judges will sometimes tell defendants that if they fail probation they will be eligible to be put into jail for the entire term of probation. So, if someone is serving three years of probation and fail probation, a judge may sentence them to three years in prison.

And probation for DUI can be put in place on top of or instead of other terms that apply to first-time DUI convictions:

• Up to 6 months in jail


• Up to $1,000 in fines


• A 6-month driver's license suspension


• Completion of DUI school


• Installation of an ignition interlock device

So, make no mistake: probation is a serious sanction for someone convicted of DUI. And that's why fighting a DUI charge in Los Angeles is so critical. Even a first-time offense requires an aggressive defense to protect a person's rights and ensure they get the best resolution possible in their case.

Continue reading "Lindsay Lohan's 2007 DUI Conviction Leads to Probation Problems Still Today" »