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Even Misdemeanor Offenses Have Serious Consequences

A recent article published by Slate highlights the severe consequences of misdemeanor convictions and the fact that these consequences are often unknown to the defendants even after they have entered a guilty plea. The other troublesome aspect of the misdemeanor arm of the criminal justice system, as pointed out by the article, is the fact that despite actually being innocent of the charges filed against them, many misdemeanor defendants actually plead guilty for a variety of reasons. Among them are:

  • Just to get out of jail
  • Inadequate knowledge of their rights
  • Inadequate knowledge of the evidence in their favor
  • Pressure from over-worked public defenders
  • Pressure from Judges who assume the defendant’s guilt

As the article correctly states, “The repercussions of a petty conviction can be anything but minor. These offenses are increasingly punished with hefty fines that low-income defendants cannot pay. A conviction of any kind can ruin a person’s job prospects. A petty conviction can affect eligibility for professional licenses, child custody, food stamps, student loans, and health care or lead to deportation. In many cities, a misdemeanor makes you ineligible for public housing.”

If you’ve been charged with a seemingly minor offense, take the time to contact an experienced criminal defense attorney with a proven track record of success. Hiring a private attorney doesn’t guarantee a successful outcome, but hiring the right attorney can guarantee that your rights are protected and your questions are answered.

Former LAPD Detective on Trial for Murder Shows Why Suspects Should NEVER Talk to Cops

Former LAPD Detective Stephanie Lazarus is currently on trial for the 1986 homicide of her former boyfriend’s wife.  The story of how the cold case was cracked is a case-study in police investigation and interrogation.  The lesson to be learned, especially from the interrogation of Lazarus, is that interrogating officers often know answers to questions they pose to suspects and often have enough evidence for an arrest even before the questioning starts.  If this is the case, their goal becomes to secure a confession, not determine the truth and they will “lie, cheat, and steal” to get it … all of which is perfectly legal.

Watch an ABC News story on the case here.

Jailers More Likely to Use Force on Mentally Ill Inmates

The LA Times is reporting that deputies in LA County jails are more likely to use force on mentally ill inmates than other prisoners. According to a report by the Sheriff’s Department, although inmates classified as mentally ill make up only 15% of the inmate population, approximately one-third of deputy use-of-force cases involved those inmates.

Although mental illness issues often lead to violent outbursts necessitating use of force, the report highlights the need for better training for law enforcement when it comes to identifying and dealing with mental health issues in detainees. As stated by Peter Eliasburg, legal director of the ACLU of Southern California, “You have to be on guard that some of them behave differently and they often do things that if they didn’t have mental illness, it would be a real true sign of aggression … . But if you’re sensitive that this is an inmate with mental illness, you realize it’s not a deliberate attempt to incite.”

More Young Adults Arrested Than Ever Before

According to the New York Times, nearly one third of American adults have been arrested for a criminal offense by the age of 23.  In my experience, arrests at this early age generally have one of two effects on the person arrested: they either act as a wake-up call and lead the young adult to come face-to-face with the reality that poor choices can lead to some very serious negative consequences, or they simply become remembered as the first, in a long history of run-ins with the criminal justice system.

As the article implies, how a young adult addresses their first encounter with the criminal justice system system can play a key role in the development of the remainder of their adult life.  Given the fact that schools and employers are now using the internet and the vast array of information available it provides to screen potential job or school applicants, it is imperative that young adults who find themselves charged with a crime, yet who are also mindful of their future prospects, retain an experienced criminal defense attorney with an eye toward limiting any possible lasting damage of an arrest and/or conviction.

Vehicle Code Section 23152

In California, DUI charges are normally limited to application of Vehicle Code sections 23152(a) and (b). What can be quite confusing to people charged with DUI is that often they will be charged with both subsection (a) and (b). Too many people, this creates the mistaken belief that they have been charged with two separate DUI offenses.
What most people don’t realize is that it is possible to be charged with, and even convicted of, DUI even if one’s blood alcohol content (BAC) is below 0.08 percent.

If you’ve been arrested for DUI and have not given a blood, breath, or urine sample (for whatever reason), you will most likely be charged with only section 23152(a).

If you have been arrested for DUI and have provided a blood, breath, or urine sample that shows a BAC of 0.08 percent or more, you will most likely be charged with both subsections (a) and (b) of Vehicle Code section 23152. The fact that you have been charged with both sections does not mean that you are charged with two separate
DUI offenses.

In addition to the criminal penalties that DUI convictions carry, there are administrative penalties as well with the Department of Motor Vehicles. DUI arrests require quick action on the part of the person arrested in order to protect your rights. Contact an experienced criminal defense attorney and the DMV immediately.


Vehicle Code section 23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

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