I Was Arrested for DUI in Riverside, CA. What Can I Expect?

Riverside County has some of the strictest penalties for first-time DUI offenders in California.  If you're convicted of DUI anywhere in Riverside County, you're likely to receive costly fines, loss of your driving privileges, mandatory classes and at least 3 years of probation.  Unlike other jurisdictions in California, though, anyone convicted of DUI in Riverside is also likely to serve some time in custody, even for a first offense.  The time you spend in custody may vary depending on the circumstances of your case.  You might also qualify for some alternative to jail (home detention, weekends, labor, etc.), depending on a lot of factors.

Anyone convicted of DUI in California is required to attend a mandatory, 3-month alcohol education program, called "AB-541".  Riverside County has chosen to make this process more complicated than necessary.  Rather than simply allowing participants to enroll into the classes, Riverside requires all attendees to participate in a mandatory "orientation" session.  Of course, they charge a fee for this "orientation".  If you fail to schedule your orientation within 5 days of your court appearance, you'll be required to return to court for a new referral.  You could also be accused of violating your probation, which may result in more jail time.

The budget crunch in Riverside County means that more defendants are being crowded into fewer courtrooms, resulting in longer waits in less comfortable seating.  Make sure that you arrive on time to court, though.  Leave plenty of time for the security line.  If you check in late, you'll be turned away.  A warrant will be issued for your arrest and you'll have to request a new court date.

At your arraignment (your first court appearance), the judge will inform you of the charges against you.  You'll have an opportunity to either, 1) admit all the charges and resolve your case on the spot, 2) request the services of the Public Defender, or 3) request some time to speak with a private attorney.

As a private attorney, I'd recommend option #3.  An experienced, local DUI defense attorney can help you navigate the complicated process of fighting a DUI.  We provide peace of mind by helping you understand the legal procedures and your options going forward.  We can review the evidence to determine the strength of the case against you, as well as any possible defenses.  Even if you're guilty as charged, your counsel can often help negotiate a fair deal to resolve your case.  As mentioned above, there may be options available that would allow you to keep your job and take care of your family, even while serving "custody".

A private attorney can often make your court appearances for you, without you being personally present.  Save yourself the headache of appearing in court -- just send your lawyer.

If you or a loved one has been arrested for DUI in Riverside, California, call our office for a free attorney consultation.  951 683 4613.  Ask for John.  Thanks for reading.

Riverside DUI Lawyer

Give a Loved One the Gift of a Fresh Start -- Affordable Expungement Packages Now Available

Does someone in your life have a criminal conviction that's standing between them and the things they want to achieve?  Husband can't find a good job because of an old DUI?  Daughter can't get into school because of mistakes she made years ago?  This holiday season, give someone you love a gift they really need...an expungement!

As I've previously written on this blog.  An expungement is California's way of dismissing a case after someone has successfully completed serving his or her penalties.  After an expungement is granted, it's like the conviction never happened (for most purposes, some exceptions).

An expungement can dramatically improve your job prospects and your chances of holding various professional licenses or being admitted to a good school.  Give someone you love a second chance to accomplish all the things you know they're capable of.

Expungements aren't for everyone.  There are several strict criteria that a petitioner must meet in order to earn the expungement.  Specifically, it's important that the petitioner:

1) Successfully completed probation.  If probation was not granted, petitioner must wait one year from the date of the conviction.

2) Is not currently on probation in any other cases.  If the petitioner is still on probation, we might be able to help terminate probation early.

We provide free consultations to help determine whether or not you or your loved one qualifies for an expungement.  If you do not qualify, there may be other options available for you.  After your consultation, we will prepare all necessary paperwork to begin the process of petitioning for your expungement.  The documents are fairly simple, but any small error can result in a denial of the petition.  After preparing the documents, we will take care of serving those documents on the prosecutor and properly filing them with the court.  We will also appear in court on your behalf for any necessary appearances.  In most cases, you do not need to be personally present in court for these hearings (some exceptions may apply).

Call us for your free consultation at 714 505 2468.  Thanks for reading.

Kelly Thomas Trial Date Approaching

The trial of Fullerton police officers Manny Ramos and Jay Cicinelli is now scheduled to begin in Department C-40 of the Santa Ana Courthouse on December 2, 2013.  Members of the public are encouraged to attend.

Officer Ramos and Corporal Cicinelli are accused in the 2011 beating death of transient Kelly Thomas, pictured, at the Fullerton Transit Center.  Kelly was severely beaten by six Fullerton police officers on the evening of July 5, 2011.  He suffered severe injuries, including facial fractures and broken ribs.  Kelly never regained consciousness.  He died after being removed from life support five days later.

The incident was captured by both audio and video recorders.  Ramos is accused of provoking the fatal encounter by threatening Kelly with unlawful force.  At one point in the recordings, Ramos can be seen putting on latex gloves.  He says to Kelly, "See these fists?  There's getting ready to fuck you up".  As Kelly gets up and attempts to run from Officer Ramos, Officer Joe Wolfe strikes Kelly with a baton.  Wolfe and Ramos quickly take Kelly to the ground as more police arrive to assist.  Corporal Cicinelli deploys his taser several times, then begins striking Kelly repeatedly in the face with the butt of his weapon.  Six officers dog pile onto Kelly and continue their assault until Kelly stops breathing.

After Kelly lost consciousness, the officers made no effort to provide medical attention.  Even as the homeless man lay dying in the parking lot, officers prevented emergency responders from rendering aid to him.

Kelly's death helped to expose a "culture of corruption" within the Fullerton Police Department.  Several other incidents were later revealed in which Fullerton Police had used excessive force, fabricated reports, suppressed exculpatory evidence, and engaged in acts of dishonesty.  Chief Michael Sellers was forced to "resign" in the wake of the investigation.  Fullerton voters also held a special recall election, in which 3 council members were removed from office for their roles in the scandal.

The Fullerton Police Department has a long way to go if it hopes to restore the public's trust.  "Guilty" verdicts for Ramos and Cicinelli will be a crucial first step in the healing process, both for the City of Fullerton and for the Thomas family.

The defense is expected to make two key assertions.  First, they will argue that Kelly caused his own death by refusing to follow the commands of officers and by attempting to flee.  Attorneys will claim that the officers used the appropriate degree of force to restrain a violent, dangerous individual and that their force would have ended immediately upon Kelly's compliance.  Secondly, the defense will likely argue that the cause of Kelly's death cannot be determined with any reasonable degree of certainty and that some reasonable doubt must, therefore, exist.

Stay tuned for developments as they become available.  I will try to attend as much of the trial as possible.

Myth of the Day: Is it Really Illegal to Eat an Orange in Your Bathtub in California?

This is a persistent myth that has made its way around the internet, thanks to social media and the general willingness of gullible people to repeat asinine things that they've heard.  This particular myth, though, has even been repeated by some major, mainstream outlets, including Gerri Willis from Fox Business.  If you're still getting your news from the "Faux" Network...well...there's your first problem.

Despite the many sources that make claim, none actually cite to any relevant statutory authority or case law.  Luckily, I was born with a rare genetic condition called "curiosity", so I decided to devote some valuable time to finding this mysterious and arcane law.  I actually did something that Gerri Willis couldn't be bothered to do -- I checked my sources.

Turns out, no such law exists in California.  Of course not.  Just think for a minute about how absurd a law like that would be.  It would obviously be impossible to enforce and it would likely be stricken down as "without rational basis".

Moral of the story: if you hear a legal myth that sounds too ridiculous to be true, it probably is.  Also, Fox Business is lying to you.

If you or a loved one has questions about any other legal myths, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Criminal Defense Attorney

How to Clean Up Your Criminal Record, Part II

I've previously written a post, available here, about the process for obtaining an expungement in California.  Today, I want to discuss the procedure for obtaining a Certificate of Rehabilitation & Gubernatorial Pardon.

If you read my post on expungements, you'll know that an expungement dismisses a case against you AFTER you've successfully completed probation and satisfied all terms of your sentence.  An expungement will not "seal" your record -- your criminal record will still exist and it will still be public.  Rather than showing a conviction, however, your criminal record will show a dismissal after the expungement is granted.  This allows you to honestly state that you have no criminal convictions when you apply for jobs in the future.  An expungement will not restore your right to possess firearms and will not relieve you of your duty to register as a (fill-in-the-blank) offender.

If you were sentenced to state prison in a felony case and were not given probation, then you are not eligible to apply for an expungement.  Luckily, there may be another option available to help you clean up your criminal record.

Individuals who have been committed to state prison may apply for Certificate of Rehabilitation (hereinafter, a "CR") after a specified period of time has elapsed.  Unlike an expungement, a CR will not dismiss the charges against you.  It will, however, serve as an official acknowledgement of your reformation and continued good conduct.  When prospective employers run background checks on you, they will see that you made mistakes in your youth, but also that you learned from those mistakes and that you remained law-abiding thereafter.  A CR may also improve your prospects of obtaining various state-issued licenses (e.g. to become a nurse, chiropractor, attorney, etc.).

The amount of time that you must wait before applying for a CR depends on the nature of the crime for which you were convicted.  Generally, an applicant must remain law-abiding for 7-10 years after his or her release from prison before becoming eligible to apply for a CR.  You must also show that you have resided in California for the required period, have not been incarcerated since your release from prison, and are not currently on parole or probation.

To begin the process, an applicant must file several documents with the local court.  These documents are referred to as the "Petition for Ascertainment", the "Declaration of Rehabilitation" and an "Order Declaring Petitioner to be Rehabilitated".  A judge will review the application packet to determine the petitioner's eligibility.  Aside from the factors listed above, the court is specifically looking for 4 criteria:

-Has the petitioner lead an "honest and upright" life since his or her release from prison?
-Has the petitioner conducted himself or herself with "sobriety and industry"?
-Has the petitioner exhibited "good moral character"?, and
-Has the petitioner conformed to and obeyed the laws of the land?

If the court is satisfied that you are eligible for the relief requested, the judge will sign the Order that you provided with your application packet.  Once it is signed by a judge, the Order becomes a "Certificate of Rehabilitation".  A judge has essentially declared you to be "officially rehabilitated".

The court will then send a copy of the signed Order to the governor's office, along with a recommendation that the governor grant the petitioner a full Gubernatorial Pardon.  This is done automatically, without any further requirements of the petitioner.  If granted, a GP will dismiss the charges completely, similar to what an expungement does.  Unlike an expungement, however, a GP may restore firearms rights and may even relieve some petitioners of their duty to register as sex offenders.  A GP also differs from an expungement in another key regard -- having received a pardon does not allow the pardoned person to state on a job application that he or she has no criminal convictions.  It will allow a previously-convicted felon to serve on a jury, but it will not necessarily prevent deportation.

So, that's the process in a nutshell.  There are a lot more boring details that I'd be happy to discuss with anyone who cares to ask.

If you've ever wondered about your eligibility for an expungement, a Certificate of Rehabilitation, and / or a Gubernatorial Pardon, call my office for a free consultation. 714 449 3335.

Thanks for reading.

How to Avoid Being Pulled Over for DUI

Here's a question that I hear often:  What can I do to reduce the chances that I'll be stopped on suspicion of DUI?  The short answer is, "Don't drink or use drugs before driving".  Duh.

If only it were that easy.

Though they won't admit it, cops are often under immense pressure to make a lot of DUI arrests, even if those arrests don't result in convictions.  Awards, promotions and grants are often tied to the number of arrests that an officer or a department makes in a given year, with little or no regard for the arrestees' actual guilt or innocence.  Cities make big money on towing and impound fees and police get to tout their aggressive stance against drunk drivers.  Too often, this leads cops to err on the side of making the arrest, even when the evidence is lacking.

The DA might eventually decline to pursue the case against you, but the harm may already be done.  By the time you're exonerated, you've probably had one of the worst nights of your life -- you've been handcuffed and transported the local jail, booked and photographed, thrown into a crowded holding cell full of real criminals and released some time the next day.  Good luck explaining everything to your boss and your kids.

Here are some easy steps that you can follow to reduce the chances that you'll be stopped on suspicion of DUI --

1.  Obey all traffic laws:  Breaking some minor traffic law is the #1 reason that people are stopped and arrested for DUI.  Use your turn signals, obey the posted speed limits and don't do anything to draw unnecessary attention to yourself.  Some of the rules that follow are simply reiterations of this basic no-brainer.  Remember, police don't need "probable cause" to stop you -- they only need "reasonable suspicion".  Reasonable suspicion is what it sounds like -- some set of facts that would cause a reasonable person to suspect that you might be up to something illegal.  Don't give them that reason.

2.  Ensure that your vehicle is "up to code" and in proper working order:  Are ALL exterior lights functioning?  This includes the little light above your license plate and the third brake light in your rear window.  ANY non-functioning exterior light can be cause for a traffic stop, even if the light itself is superfluous or not required by law.  It sounds ticky-tacky (and it is), but cops can and will stop you for a single non-functioning LED bulb anywhere on the exterior of your vehicle.

-Are your tags current?

-Are your windows illegally tinted?

-Is your exhaust illegally modified?

-Do you have a front license plate?

-Are you wearing your seat belt?

-If you drive a lifted truck or jeep, are your fenders up to code?

-Is your music too loud?

-Do you have objects on your dashboard or in your rear window that might be obstructing the driver's view?

-If you're smoking, don't litter with your cigarette butt (this goes for everybody at all times, not just drivers.  Seriously, some of us live here.)

These are the kinds of non-moving violations that can lead to unwanted contact with law enforcement.

3.  Don't talk on the phone or text:  This goes back to rule #1 -- don't break the law.  Even if the police don't see you using the phone, taking your eyes off of the road may cause you to "drift" or "weave".  That drifting / weaving can be misinterpreted as "impaired driving" and could be the basis for a traffic stop.

4.  Don't draw unnecessary attention to yourself:  Remember what I said above -- Cops don't need probable cause to pull you over; they just need a reason to suspect that something might be wrong.  You can be stopped even if you're not breaking any laws.  Accelerating or braking too quickly or too slowly might attract police attention, even if those acts are not necessarily crimes in themselves.  The same goes for taking turns too fast or hitting dips too hard.

5.  If you've already stopped before the police make contact with you, don't talk yourself into trouble:  Here's a situation that I see very often --

Abe and Ben are leaving the bar after having a couple drinks each.  Abe is driving Ben's car.  He's not wasted, but he's close to the legal limit.  They run out of gas on the freeway, so Abe pulls to the side of the road, makes a phone call, and waits for a friend to bring them a gas can.  After a few minutes, a CHP cruiser pulls up and the officer asks Abe if he's OK.  While speaking to Abe and Ben, the officer notices that they both smell like alcohol and appear to be displaying several objective symptoms of intoxication.  Here's where Abe makes his big mistake -- Abe tells the officer that he and Ben just left the bar and that he was driving Ben's car on the freeway when they ran out of gas.  He states that he was driving Ben's car because Ben had drank too much.  Abe denies consuming any alcohol since driving.  He further states that he smoked a small amount marijuana earlier in the day, but he's a qualified medical patient and he denies feeling any residual effects from the drug.

Abe has just convinced the officer to arrest him.  If he had simply exercised his right to remain silent, he might sleep in his own bed tonight.

If you're ever in this situation, remember that it is a crime to lie to the police.  You do not need an elaborate alibi.  Making false statements to the police can get you into more trouble than you're already in.  That being said, you don't have any obligation to incriminate yourself or to provide police with crucial pieces of evidence that will form the basis of the case against you.  You should politely refuse to answer any questions regarding where you were coming from, where you were going, whether or not you were the driver, what time you were driving, whether or not you have consumed any alcohol or drugs, whether or not you feel the effects of any alcohol or drugs, etc.  You must provide your name, driver's license, and proof of registration / insurance.  Always be polite, but never volunteer more information than necessary.

As always, be safe, be smart, but if you're neither, you know what to do.

Posting "Revenge Porn" is Now a Misdemeanor in California

PC 647(l) makes it a misdemeanor to post online, distribute or otherwise disseminate nude photos of your ex. Anyone convicted under this section could face up to 6 months in jail and a $1,000 fine for the first offense, with the penalty doubled for a second offense.

The bill, proposed by Anthony Cannella (R-Ceres), was signed by Gov. Brown and took effect in 2013. It provides, in relevant part, the following:

"...that any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct."

Put simply, you can be arrested and prosecuted if you share (or post, or publish, or upload...) nude pictures of someone without that person's permission. Even if you had permission to take the photos when they were created, or even if the photos were sent to you, you may not distribute those photos without the subject's permission. 

Disseminating revenge porn may also be the basis for a Domestic Violence Restraining Order. Even though we don't typically think of revenge porn as being an act of "domestic violence", a judge will grant a domestic violence restraining order if the the victim requests one because the act of posting revenge porn can constitute "harassment". Aside from being arrested and possibly jailed, you will be barred from possessing firearms if a restraining order is granted against you. 

Finally, you are likely to be sued if the victim can prove that you breached his or her privacy by publishing intimate photos.

There are many possible defenses to the crime of distributing revenge porn. Our office has experience fighting these types of charges and we can help if you have been arrested or if you believe that you are under investigation. Call us for a free attorney consultation. 714 449 3335. 

Thanks for reading. 

Orange County Revenge Porn Lawyer