What We're Working On Now

It's been a busy couple of months here in the office, and I realize that I haven't posted any updates about some of our recent success stories.  If you've been anxiously holding your breath, good news!  Here's a quick rundown of some of the great cases that we've been working on:

• Driving Without a License / False Info to a Police Officer -- Rancho Cucamonga (San Bernardino County):  Our client had been stopped several years ago for driving without a valid license.  To make matters worse, he gave a false name to the officer.  A month later, police discovered that the name was incorrect and our client was accused of 2 separate misdemeanors. Our client failed to appear in court and he had 2 outstanding warrants for several years. Eventually, the warrants caught up to him and he was going to lose his job. This morning, I met with the DA and they agreed to dismiss both matters entirely. Our client can finally get back to work without being afraid that police would show up at any minute and take him into custody on some ticky tacky old warrants. Greats news for him and his family. 
• Elder Abuse Restraining Order -- Santa Ana (Orange County):  Our client was an elderly man who had been the victim of harassment and financial abuse by his adult daughter. He was seeking a restraining order against her to keep her away from his home and bank accounts. We were able to negotiate an out-of-court stipulation to help both parties achieve what they wanted without going to a full hearing before a judge. As I've written on this blog in the past, stipulations can be a great way for parties to negotiate their disputes in restraining order matters without involving taxpayers and judges. Out-of-court negotiations often allow both parties to achieve 100% of their goals without the risk that a judge will impose some "solution" where neither party is satisfied. 
• Attempted Rape --  Fullerton (Orange County):  Our client is a young alcoholic. He was extremely intoxicated and acting belligerently, including some aggressive behavior toward a female stranger. We all agreed that his behavior was inappropriate, but I did not believe that he intended or attempted to "rape" anyone. After a thorough investigation, the District Attorney agreed that my client was not guilty of attempted rape. He was potentially facing several years in prison, followed by lifetime sex offender registration. Instead, he received the appropriate resolution: mandatory alcohol counseling and NO sex offender registration.  
• Trespassing / Theft -- Fullerton (Orange County):  Our client was a "porch pirate". She was actually captured on camera stealing packages from the victim's doorstep. Package theft is rampant in North Orange County, so police and prosecutors are often eager to make an example when offenders are caught red-handed. Luckily, our client was sympathetic and apologetic. She had no serious criminal history. Most importantly, she had a great defense attorney! In the end, she agreed to a "diversion deal" -- she took a 6-hour class one Saturday and the DA agreed to dismiss the case entirely.  
• Child Abuse -- West Covina (Los Angeles County):  Our client was accused of abusing her boyfriend's child. My client insisted that she had merely used some reasonable methods of discipline to correct behavior in an obstinate child. The defendant was a tough disciplinarian, but I did not believe that the punishments she imposed on the child were excessive or unwarranted. After some further investigation, the DA agreed to dismiss the charges.

These are just a few of the cases where we've recently achieved some great results for our clients. Obviously, the facts of every case are different, so these success stories are not guarantees or predictions of future performance.  

I have a lot more interesting cases that I'll be free to discuss soon. Check back for updates as they become available.  

If you or a loved one is accused of a crime in Orange County, call us for a free attorney consultation. (714) 449-3335. 

Fullerton Criminal Defense Attorney

Catalina Island Special Appearance Attorney

Our office handles more criminal cases on Catalina Island than any other private firm.  If you're scheduled to appear in the Avalon courthouse, save yourself the time and hassle of the trip and allow us to make a special appearance.

Our appearance fee is usually less than the cost of the trip, especially if you factor in the value of your time.  An appearance on Catalina Island takes most of the day.  The Catalina Express leaves from Long Beach at 6:00 AM.  If your case goes smoothly and you can catch the 11:45 boat back, you'll arrive back on the mainland around 1:00 PM.  If the court staff is delayed by inclement weather, cases are often heard in the afternoon, or not at all.  There is nothing quick or simple about a "quick and simple appearance" on the island.

We have extensive experience in defending against the most common charges that arise on Catalina, including fishing violations (undersized lobster, fishing in a protected area, commercial fishing without the necessary permits and endorsements, etc.) and other misdemeanors (drunk in public, golf cart DUI, possession of drugs and domestic violence).

If you need an appearance covered on Catalina Island, or if you have questions about what to expect, call us for a free consultation.  (714) 449 3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer

What is the Statute of Limitations for Sex Crimes in California?

The "statute of limitations" ("SoL") describes the time limit within which prosecutors must bring criminal charges.  If the DA waits too long before filing a case, they may be "time barred" from doing so.  Like everything else in the law, though, this is often more complicated than it sounds.

Before we get started, it's important to remember that the "statute of limitations" refers to the time within which the case must be filed.  Often, prosecutors do file a case within the proscribed time period, but the defendant never appears in court for his arraignment.  When this happens, a bench warrant is issued.  The warrant may remain outstanding forever, or until the defendant is eventually arrested and brought to court.  A warrant will never simply go away on its own.  If an old warrant has been outstanding for several years, the defendant may have a valid argument that his constitutional right to a speedy trial has been violated, but this is different from a "statute of limitations" argument if the case was filed before the SoL expired.

The length of the statute of limitations depends on the maximum sentence for the specific underlying crime.  For most misdemeanors, the SoL is one  year.  That means prosecutors have one year from the date that the crime was discovered (not necessarily the date that the crime was committed) to file charges.  If the crime is a "wobbler" (one that can be filed as either a misdemeanor or a felony at the discretion of the DA), then a longer statute of limitations may apply, even if the case is only filed as a misdemeanor.

If the crime is a felony and the maximum penalty is less than 8 years in prison, the statute of limitations is usually 3 years.  If the maximum sentence is more than 8 years in prison, then the SoL is usually 6 years.  If the crime is potentially punishable by death or by life in prison, or if the crime involves embezzlement of public money, then there is no statute of limitations -- the DA can file charges at any time.

There are many, many exceptions and caveats to the rule that prosecutions must generally commence with within the 1-, 3- or 6-year statute of limitations.  If, for example, a defendant is out of the state when the crime is committed, the SoL can be extended by up to 3 additional years.

Arguments about the statute of limitations get especially complicated in cases involving allegations of child molestation, or "lewd acts with a minor" (PC 288).  Under section 803(f) of the California Penal Code, the SoL may be extended even longer under certain circumstances. The  district attorney can file criminal charges at any time (for up to one year after a report is made) if ALL of the following criteria are met:

• The crime involved child rape, oral copulation, penetration, or other "substantial sexual conduct" with a minor (the victim was under 18 at the time),
• The crime had never been previously reported to police, AND
• There is some independent evidence to support the allegations.  If the victim is over 21 at the time that the crime is reported, that "independent evidence" must be "clear and convincing".

The argument in these cases tends to revolve around the 3rd prong -- that the allegation be supported by "independent evidence" that is "clear and convincing".  Appellate courts have dealt with these issues extensively, and the nuances are intricate.

As I warned in the opening paragraph, issues regarding the statute of limitations can get complicated.  You may have a valid defense based on a filing delay, but the argument must be properly presented and supported by up-to-date citations or it will not be effective.

If you or a loved one is fighting an old sex case, call us for a free attorney consultation. 714 449 3335.  Ask for John. 

Thanks for reading.

Fullerton Criminal Defense Attorney

Can Hands Be Considered "Deadly Weapons" in California?

Is it true that Mike Tyson's hands are considered "deadly weapons"?  If Chuck Norris karate chopped someone in a bar, would Mr. Norris be charged for "assault with a deadly weapon"?  In California, the answer is "maybe".

Section 245 of California Penal Code defines aggravated assault, commonly referred to as "assault with a deadly weapon, or by force or means likely to induce a great bodily injury".  To be guilty of violating PC 245, the DA must prove that the defendant willfully performed some act that would likely injure someone else.

If the defendant uses or attempts to use a weapon against a victim (he swings a baseball bat toward someone, or throws a rock at someone's head, etc.), a jury could convict him of violating PC 245 because those actions are likely to cause injuries, regardless of whether or not the defendant actually harms anyone.  Those are both examples of "assault by force or means likely to result in a bodily injury", even when nobody actually gets hurt.

A defendant can also be guilty of violating PC 245 without actually using any weapon.  Remember, using a weapon is NOT an element of this crime.  A defendant can be convicted for PC 245 if he and a friend (or several friends) cooperate to jump someone.  Even if none of the assailants use weapons, jumping someone in an unfair fight is likely to cause serious injuries to the target of that beating.  Anyone who participates in the beating is guilty of violating PC 245.

Similarly, the DA might file PC 245 charges in a case where a fair fight devolves into a beating.  For example, imagine two men voluntarily choose to fight in a parking lot.  The fight starts fairly and the two men are evenly matched, but one man slips, drops his hands, and gets knocked out.  After he falls unconscious, the other man continues kicking and beating him on the ground.  Obviously, beating and kicking an unconscious man is likely to cause serious injuries.  Even though this confrontation began as a fair fight, and even though the victor never used a weapon, he could still be charged and convicted for violating PC 245.

Back to my example of Mike Tyson or Chuck Norris assaulting someone in a bar fight: if either world-renowned fighter took a swing at a drunken amateur, it is probably likely that the poor victim would suffer some serious injury.  If a jury agreed, then Iron Mike and Master Norris could be convicted of PC 245, commonly known as "assault with a deadly weapon", simply for punching someone with a bare fist.

In the real world, though, cases aren't usually so cut-and-dry.  There are many possible defenses to assault charges, including self-defense.  If you or a loved one has been arrested for assault in California, call us for a free attorney consultation.  714 449 3335.  Ask for John.

Thanks for reading.

Fullerton assault lawyer

The Truth About DUI Lawyers

If you or someone you love has been arrested for a DUI, one of your first decisions must be whether or not to hire a private attorney.  Before you invest thousands of dollars on a stranger, I think it's important to have a good understanding of what a DUI lawyer can (and can't) do for you.

If your expectations of your attorney are unrealistically high, you will be disappointed and angry.  You might feel like your attorney made false promises and then ripped you off.  If your expectations are too low, you WILL get ripped off by an unscrupulous dump truck law firm.  The key, then, is to develop a proper sense of the role that DUI attorneys actually play in the process and how they can help.

At the most basic level, your attorney's job is to collect the facts, to develop a thorough understanding of your case, and to concisely explain how the law fits into those facts.  He should be able to lay out your options, your possible possible defense strategies and the risks associated with each of those strategies so that you are prepared to make well-informed decisions.

Your lawyer should take the time to outline the process so that you understand what to expect at each hearing.  Ultimately, he or she should guide you to the best conclusion possible under the circumstances, depending on your priorities.  If your attorney has done the job effectively, you should walk away with the feeling that you were treated fairly and that you received the best disposition possible.

And speaking of priorities, your attorney must have a good understanding of your goals and what you hope to achieve.  Of course, every client wants to avoid excessive penalties, but no two clients are in the exact same position.  Some defendants want to minimize their fines and fees, for example.  Others have no concern for expense, as long as they can be free from probation as soon as possible.  In addition to explaining various legal concerns, your lawyer should take the time to listen and to understand your personal situation so that you don't get shoehorned into a deal that doesn't fit.  

In addition to court-ordered penalties (probation, fines, mandatory classes, jail time, etc.), a DUI conviction may have "collateral consequences" -- things that the court has no control over.  Collateral consequences of a DUI may include things like discipline at work, an angry spouse, and an increase in the cost of your insurance.  The court will not warn you about these extrajudicial penalties, but your lawyer should.  Again, your attorney must take some time to understand your personal priorities.  

DUI lawyers will save you a lot of time, money and stress.  They will make your court appearances for you so that you don't have to miss work.  They will work to reduce your penalties (ideally by earning a reduction or a dismissal of the charges entirely, if possible).  They will alleviate your stress by ensuring that you understand the process and your options and they will arm you with good information so that you are empowered to make sound decisions.  

It's also important to remember, though, that DUI lawyers are not wizards.  They cannot change the facts of your case.  Despite what you might have seen on TV (and despite what some dishonest attorneys might promise), they cannot simply go golfing with the judge or take the DA to lunch and "make your case go away".  Most of the time, lawyers cannot bury the DA in paperwork or put a cop on the stand and make him admit that he's lying.  Sometimes we do those things, but those cases are exceptional. 

If you or a loved one has questions about a DUI in Orange County, call our office for a free attorney consultation.  714 449 3335.  Ask for John.

Thanks for reading.  

Fullerton DUI Lawyer

What are the Rules About Marijuana and Driving in California?

Section 23152 of the California Vehicle Code says that driving under the influence of drugs and / or alcohol is a misdemeanor.  Everyone knows that legal limit for alcohol is 0.08% -- if prosecutors can prove that your blood alcohol concentration was greater than 0.08% at the time of driving, you are guilty of DUI.

Marijuana is a lot more complicated than alcohol, though.  Even though adults over 21 may now legally grow, use and possess marijuana in California, it is still illegal to operate any motor vehicle (a car, a boat, a golf cart, a jet ski, a moped...anything with a motor) while you are "impaired" by cannabis.

Unlike alcohol, there is no magic number to objectively determine whether or not someone is too stoned to legally drive.  To convict you of driving under the influence of marijuana, the prosecutor must prove that you operated a vehicle while you were in such a condition that you could not exercise the skill and care of an ordinary, sober driver (whatever that means).

If you are stopped by police and an officer suspects that you've been smoking, he will begin the standard investigative procedures: he will ask you a series of questions about where you're coming from and where you're going.  He'll ask if you're under the care of a doctor of if you've had any recent surgeries.  He'll ask when you slept last and whether or not there is anything mechanically wrong with your car.  The officer also will probably invite you to participate in a series of field sobriety tests (walk a line, touch your nose, stand on one foot, estimate 30 seconds, etc.).  You are not legally required to take these tests.  You'll be arrested either way, so I'd advise that you provide as little evidence as possible to be used against you later in court.  If you are stopped on suspicion of DUI, you should POLITELY decline to play the roadside Olympics.  You should also avoid talking yourself into trouble.  Do not admit that you recently smoked, drank, or consumed any controlled substance. 

After you are arrested, you must provide a blood sample.  If you refuse to submit to a chemical test after you have been lawfully arrested on suspicion of DUI, the DMV will automatically suspend your driver's license for one year. 

To make their case against you in court, the DA will introduce evidence that were driving poorly before you were pulled over.  A police officer will testify that he stopped you because you were driving too slowly, you were drifting within your lane, you made an unsafe lane change, etc.  The officer will testify that you "appeared disoriented" and "had difficulty following instructions".  He will probably also testify about the smell of burnt cannabis emitted from your breath and from the interior of your vehicle.  If you agreed to perform field sobriety tests, the officer will testify that you failed them all miserably, even if you feel like you nailed them.  Based on the totality of his observations, the officer will testify, he formed the opinion that you were dangerously impaired by marijuana and that you could not safely operate a vehicle.

The DA will also use your blood test results to build their case against you.  Your blood test will give two important numbers: your levels THC metabolites (also called "carboxy-THC", or "COOH-THC"), and your levels of active THC (also called "delta-9-THC").  THC metabolites remain in your blood system for weeks after your last usage.  They are not psychoactive and are not indicative of current impairment.  They only prove that you have consumed marijuana some time within the past several weeks.  This number is not relevant to determining whether or not you were dangerously impaired at the time of driving, but it may be relevant to demonstrate that you have a high tolerance for the drug.

Your delta-9-THC numbers are slightly more valuable in determining your current level of impairment.  Delta-9-THC is the chemical that is CURRENTLY active in your bloodstream.  Your delta-9-THC concentration is still not a completely reliable way to determine a driver's degree of impairment, though.  Since cannabis affects users so differently, there is not a strong correlation between a person's delta-9-THC levels and his or her actual impairment.  A relatively inexperienced marijuana user might be very impaired at a low THC level, where a more experienced smoker might barely feel any effect at the high blood-THC concentration.  Consider also that indica-dominant strains might affect a user differently than sativa-dominant strains, and that standard field sobriety tests are designed to detect alcohol impairment, not cannabis impairment.  Most "experts" will testify that a driver is more likely to be involved in a collision when his or her active THC level is greater than 5 ng/ml, and that the risk is multiplied by the presence of alcohol, but this is controversial.

Police and prosecutors are aggressively working to crack down on "drugged driving", including driving under the influence of legal drugs (marijuana, prescription drugs, sleep aids, etc.).  The Orange County District Attorney's Office has several deputy prosecutors who are specially trained and specifically assigned to process DUID cases full-time.  They take these cases seriously, but that doesn't mean that they have the advantage.  In my experience, their aggressive policy often means that they choose to pursue cases even when the evidence is weak. 

If you or a loved one has questions about DUI or driving under the influence of drugs in Southern California, call us for a free attorney consultation. (714) 449-3335. Ask for John.

Thanks for reading.

Fullerton DUI Lawyer

What Kind of Lawyer Do I Need for a Restraining Order?

If you're seeking the protection of a restraining order, or if you've been served with one, you should consider retaining a qualified, local attorney to assist you throughout the process.  Having the right lawyer by your side will significantly increase your chances of success.  An experienced attorney will understand the rules of evidence and the legal issues at stake, so that you can craft a compelling argument and present your case in the most favorable light possible.

But what kind of lawyer should you be looking for?  There are several different types of restraining orders in California, and they cross over a few different legal disciplines.  A restraining order may be issued based on allegations of domestic violence, civil harassment, workplace violence, elder abuse or gun violence.  Depending on the type of order requested, petitions may be heard in family court or in civil court.  And depending on which court hears the case, the rules of evidence will vary.  There might also be potentially overlapping criminal issues when a restraining order petition is based on some alleged criminal misconduct.

Very few lawyers in California focus their practices specifically on restraining orders.  The state bar doesn't even offer a certification for "Restraining Order Specialist", as they do for some other specific fields of law.  Most "restraining order lawyers" are actually experts in some other, related field.  That could be family law, criminal defense, or general civil litigation.  But that doesn't mean that every "general practice" civil lawyer is well-versed in the law regarding restraining orders.  I'm often surprised to see very competent, well-respected attorneys bumble their way through restraining order hearings because they're not familiar with the unique rules and procedures that apply in restraining order court. Unfortunately, some great lawyers just don't understand the important distinctions between a domestic violence restraining order and, say, a civil harassment restraining order.  Hiring a great attorney can backfire if he or she isn't the right attorney.

If you have questions about restraining orders in California, you should resist the impulse to ask your lawyer neighbor or some family friend who specializes in construction defect law.  He or she might be very well-versed in some other legal specialty, but completely lost in a restraining order hearing.  Hiring an attorney simply because you know him isn't always a smart move.

You should also resist the impulse to hire the most expensive or well-known attorney you can think of.  Again, that person might be the world's most successful worker's comp lawyer, but if he doesn't have experience in restraining order court, then he's probably not right for you.

Our firm has extensive experience with all types of restraining orders in California.  We have successfully represented petitioners and respondents on both sides of these issues throughout Orange County, Los Angeles and Riverside.  We understand the rules of evidence and how to present your story effectively so that you can walk away with the best results possible.

If you or a loved one has questions about a restraining order in Southern California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Restraining Order Lawyer