Los Angeles County Criminal Lawyer Blog

Beverly Hills police recently told its city council that the real purpose of holding an average of seven DUI checkpoints isn't to actually arrest people for DUI in Century City and the surrounding area. Instead, DUI checkpoints are held to increase awareness against drinking and driving.

While information of DUI checkpoint operations is sometimes hidden from the public, Century City DUI defense lawyers find it interesting that police departments statewide and nationwide use these expensive operations with few expectations of actually arresting people they stop.

As the Los Angeles County Criminal Lawyer Blog recently reported, three vehicles were impounded and another was impounded during a DUI checkpoint in Ventura.

DUI checkpoints are typically set up following events that involve alcohol or in areas of town where there are many bars or the likelihood that people will be drinking and driving. They are usually conducted on weekend nights, when more people typically are out and about.

Beverly Hills police told its council that the real purpose in holding checkpoints isn't to make arrests, but simply to "bring DUI driving to the forefront of people's thought process," according to a police department lieutenant.

Some facts provided by police:

• 25 to 30 officers staff these checkpoint operations


• The department holds an average of 7 per year


• They cost $10,000 each to operate, with money coming from state grants


• Locations are chosen based on past DUI arrest frequency


• Checkpoints average 2,223 vehicles, while only 1 in 5 -- about 480 -- are actually stopped and screened


• Three field sobriety tests are conducted, on average, at a checkpoint


• One driver gets arrested for DUI, 3.3 for driving without a license, 2.5 for driving with a suspended license and 0.3 for drug offenses, on average

That is a staggering amount of police manpower, time and money to spend on simply intimidating drivers. Perhaps some creative thought should go into a different type of public relations campaign if officers simply want to sear something into a person's mind.

For the people who get stopped and screened, they're no doubt terrified, even if they've done nothing wrong. Even a person who has had one drink could end up with an arrest if officers determine that he or she has been drinking and driving, even if under the state's .08 limit. Yet others who go unscreened -- the process for selecting who gets screened and who doesn't is unclear -- may get away with it.

It's a broken system, but officers don't seem concerned to fix it. Instead, they appear intent on taking state money -- from a cash-strapped, state-government budget at that -- and doing checkpoints once every other month. While they won't end up getting many arrests, at least they'll be able to scare the people they're sworn to protect in the process.

Continue reading "Beverly Hills Police Reveal DUI Checkpoints More Flash Than Substance" »

A recent study conducted by the American Judicature Society suggests that photo lineups aren't accurate ways to identify suspects, ABC News reports.

This study comes at the same time that New Jersey court officials are changing the way they are treating eyewitnesses and creating pretrial hearings to determine whether they are being unduly influenced by police officers into pointing out the suspect officers want to arrest.

These are interesting issues to bring up because Los Angeles criminal defense lawyers have been noting for years that eyewitnesses, by and large, aren't credible or accurate in pointing out and describing the alleged actions of defendants facing criminal charges.

Whether accused of a sex offense in Pasadena or a theft charge in Encino, eyewitness testimony can be very persuasive to a jury. Yet, recent findings dispute the accuracy of a witness' testimony.

In New Jersey, the state's Supreme Court recently created new rules to make it easier for defendants to challenge unreliable witnesses in criminal cases. The judges ruled that whenever a defendant brings up questions about the witnesses' reliability, a hearing must be held.

During the hearing, a judge must consider a range of issues that could have affected the witness' situation. That includes whether a police officer might have influenced what the the person said, the lighting, how far away the person was from the suspect, whether the witness was under the influence of drugs or alcohol at the time, or other factors.

While the rules will apply only to New Jersey cases, The New York Times speculates that the New Jersey ruling could spread to other states as the Supreme Court is known for being a trendsetter for criminal rulings.

This would be good news for Los Angeles criminal defendants, especially in light of the study reported by ABC News. The station reports on the case of Giovanni Ramirez, the man first accused of being involved in the opening day beating of a San Francisco Giants fan at Dodger Stadium.

He was initially considered a suspect after a witness picked him out of a lineup and he was charged with a probation violation. But through the diligent work by his Los Angeles criminal defense attorney, Ramirez was never charged with beating the man after it was proven he wasn't involved.

But the man's name was dragged through the mud as media worldwide printed his name and photo as being involved by a faulty witness. Even though charges were never filed and the system worked, the man suffered greatly.

Let's hope California's justices are watching New Jersey and seeing the continual problems with eyewitness and police lineups that are causing problems in our justice system. A solution would enable defendants to get fair trials instead of fearing that inaccurate witnesses be allowed to influence jurors into guilty verdicts.

Continue reading "Eyewitness Identification Key to State's Case, Though It's Coming Under Fire" »

Post-traumatic stress disorder (PTSD) is a serious anxiety disorder that can drastically alter a person's life and behavior. According to a Los Angeles Times article, there has been an increase in the use of PTSD as a defense in criminal cases for veterans, and it is expected to rise as more and more veterans come back from Afghanistan and Iraq with post-traumatic stress or a different type of trauma from frequent combat missions. PTSD often develops after a person sees or experiences a traumatic event that involved the threat of injury or death.

While at first glance the average person might roll their eyes at PTSD being used as a defense in a criminal case, the effects of the disorder are not to be taken lightly and can significantly alter a person's mental stability and cognitive abilities. The founder of the National Veterans Foundation is a Vietnam veteran who has provided counseling for soldiers for 40 years. In the article, he comments that PTSD as a defense in criminal cases for veterans is meant "to help the veterans get the treatment they need" as opposed to making sure the veteran gets off clean.

It may be surprising to learn that over 170,000 veterans from Iraq and Afghanistan have been diagnosed with PTSD, as reported by the Department of Veterans Affairs. To help veterans with combat trauma cope with PTSD, most veterans who have their nonviolent crime charges or sentences reduced are now frequently required to attend counseling and treatment programs as opposed to going to prison for low-level offenses.

There are over 80 special veterans' treatment courts throughout the country and many more are in the works. It is important to note that veterans' courts aren't "the easy way out" by any means. These courts are intended to guide defendants towards treatment and probation in which they often work closely with Department of Veterans Affairs medical centers.

As a criminal defense lawyer in Santa Clarita who helps individuals facing criminal charges throughout southern California, Daniel Kann knows what is at stake. Mr. Kann ensures that his clients' rights are protected at all times so they can obtain a successful result for their case. To find out more about your rights, call 661-450-9678.

Source: http://www.latimes.com/news/nationworld/nation/la-na-ptsd-20110915,0,1770739.story

The Los Angeles County District Attorney's Office has announced that two 17-year-old boys have admitted to a charge of felony vandalism with a hate crime allegation for anti-Semitic graffiti at Calabasas High School. The teens were 16 at the time of the incident and their names are not being released to the public due to their age. According to The Sacramento Bee, specific students and teachers at the high school were targeted by swastikas, anti-Semitic and anti-black slurs and profanities spray-painted on doors, walls, sidewalks, and a stop sign. The teens reportedly informed investigators that they didn't intend to single-out any particular racial or religious groups. The teens argued that they felt like they had been mistreated and wanted to upset a few teachers and fellow students.

By order of the Sylmar Juvenile Court, the teens will be required to finish 100 hours of community service, pay $6,000 in fines, attend counseling, and attend a program at the Museum of Tolerance. In addition, the teens will remain under court and Probation Department supervision for one year. A third teen who faces charges will return to court in November for trial setting.

Under California Penal Code Section 594, an individual may be charged with vandalism if they are accused of defacing real or personal property with graffiti or other inscribed material. A person can also face charges for damaging or destroying real or personal property that belongs o another person or entity. Under California Penal Code Section PC 422.6, it is illegal to use force, threats or destruction of property to create any interference with another person's exercise of civil rights.

The consequences of vandalism and hate crimes can be severe, resulting in imprisonment, steep fines, probation, and other penalties. Whether you or someone you care about is facing vandalism charges, you may want to speak with a lawyer who can inform you of your legal rights and options for defense. Southern California vandalism defense attorney Daniel Kann is committed to defending his clients' rights. With years of experience handling a wide range of criminal defense cases, Mr. Kann may be able to help you get the charges held against you reduced or eliminated. Call 888-744-7730 today to learn more about your legal rights.

Source: http://www.sacbee.com/2011/09/14/3911252/2-teens-admit-to-anti-semitic.html

It's the last thing anyone ever expects or wants to go through - being pulled over by a police officer. Law enforcement in California was on high alert from August 19 through September 5 for the National Highway Traffic Safety Administration's (NHTSA's) drunk driving campaign, "Drive Sober or Get Pulled Over."

According to a recent article on redondobeach.patch.com, the 2011 Labor Day Crackdown consisted of high-visibility enforcement and public awareness messaging in regard to drunk driving. Extra DUI checkpoints and saturation patrols spanned about 98 percent of the state's population. The article states that seven people were arrested for driving under the influence during the Labor Day weekend in the Redondo Beach area. In addition, between 6 p.m. on Friday, September 2 and 6 a.m. on Monday, September 5, the California Highway Patrol (CHP) arrested 305 people in Los Angeles County.

There were four reported traffic fatalities in Los Angeles County this year, an increase from one death that occurred during the Labor Day weekend last year. In California as a whole, this year there were reportedly 1,399 arrests for DUI and 16 fatalities over the Labor Day weekend. Although these statistics are significant, it is possible that even more arrests and accidents took place.

Continue reading "Hundreds of DUI Arrests throughout Los Angeles Over Labor Day Weekend" »

According to the Ventura County Star, three vehicles were impounded and one person arrested during a recent sobriety checkpoint in Ventura.

Sobriety checkpoints have been controversial ever since police agencies decided to begin randomly stopping vehicles driven by motorists who have done no wrong. It's almost like walking down the street, minding your own business only to have police officers walk up and begin searching you to see if you have committed a crime.

Unfortunately, the U.S. Supreme Court in 1990 ruled that sobriety checkpoints were legal after the Michigan Supreme Court found they violated the Fourth Amendment rights of U.S. citizens. The nation's high court, in Michigan Department of State Police v. Sitz ruled 6-3 that the potential to save lives from DUI accidents outweighed the person's individual rights.

DUI defense in Los Angeles is a complex area of law because there are many aspects of a case. It starts with the initial stop and why police had probable cause to pull the vehicle to the side of the road. It continues with challenging field sobriety tests, breath tests, blood tests and the police officer's interactions with the driver.

In sobriety checkpoints, the same defense strategies largely apply. The initial stop is part of a larger operation and isn't confined to a single traffic stop. However, officers will likely use the same tactics in conducting a DUI investigation. And sobriety checkpoints often provide even more ways to challenge an arrest because of the strict procedures police must follow when conducting such roadblocks.

When they approach the driver, the law enforcement officer will make observations about their eyes, breath and general interaction. Once they determine, from that little interaction, that the driver may be impaired, that's when they usually begin a full-scale investigation.

Usually, agencies will use a highly traveled road to conduct these checkpoints in order to ensnare as many motorists as possible. In Ventura recently, according to the Ventura County Star, officers conducted 16 field sobriety tests from late Friday to early Saturday. They issued 23 citations and arrested one person. Three vehicles were also impounded.

While deemed to be lawful, field sobriety checkpoint arrests must be aggressively challenged, just like any other criminal arrest in Ventura. That means challenging the state's eye witnesses, including police officers, and the evidence they intend to use at trial.

A DUI arrest is very common, yet can be extremely frightening. The consequences are severe and the stigma can be long-lasting. Fighting the charge may be the defendant's only way to avoid these sanctions.

Continue reading "Arrests, Impoundments Made After Ventura DUI Checkpoint" »

Authorities recently searched the offices of four clinics that the Federal Bureau of Investigation and Drug Enforcement Administration suspect were involved in "pill mill" operations, the Encino Patch is reporting.

Drug cases in Encino and elsewhere can be complex. But cases where allegations of pill mills in Los Angeles surface are typically prosecuted at a higher level and often involve federal authorities.

These allegations typically involve large quantities of prescription drugs being distributed and sold to patients. The allegation is typically that the doctor or clinic has illegally done so without proper reasoning for distributing the high-level narcotic drugs. Usually Oxycodone, Roxycodone or other pain medications are part of the investigation.

Four San Fernando Valley clinics were raided -- two in Reseda and one each in Northridge and Van Nuys. A manager of two of the clinics, who lives in Encino, was arrested, the report states. Authorities found $300,000 in cash and $300,000 worth of OxyContin inside her house, the Los Angeles Times reported.

Investigators allege that the Encino woman was involved in a scheme to distribute the medication on the black market. The investigation began after drug suspects in other states were allegedly caught with pill bottles from these clinics.

Yet, that alone shows no proof that a clinic or clinic manager did anything wrong. If patients come in experiencing symptoms of deep pain, it's common for them to receive pain medication. If they choose to illegally sell the medication themselves, it shouldn't come back on the clinic or clinic workers.

While more "mainstream" drug cases in Los Angeles, such as those involving marijuana, cocaine and methamphetamine, are what people think of when they think of drug cases, prescription pill cases have gotten a lot of attention from authorities in recent years.

With problems in Florida -- The New York Times reported in August that Florida doctors purchases 32.2 million doses of Oxycodone in the first six months of 2010 -- officials nationwide have taken notice. Florida lawmakers cracked down on the ability of doctors to prescribe these medications as a result of criminal prosecutions and news reports of the illegal activity there.

These cases take a different path than most drug cases. When police pull over a vehicle and notice drugs in the car, sometimes those cases are easier to prosecute for the state. But these complex prescription drug cases are much different.

For one, law enforcement must have solid proof before raiding a place of business. They must have a search warrant, signed by a judge. And even if the judge signs off on the warrant, all the evidence collected can be tossed out if authorities didn't follow proper procedures. That includes whether they misled the judge about what facts they knew and what facts they guessed about when asking for the warrant.

Every citizen has a right to not be subjected to illegal search and seizure, which means police can't simply barge into your office, home or car and start looking for evidence. They must have proof a crime has been committed. And sometimes they simply don't. An experienced Los Angeles Drug Defense Lawyer knows that officers sometimes make mistakes. And those mistakes can set the defendant free.

Continue reading "Alleged Pill Mills Shut Down in Encino After Los Angeles Search Warrant" »