Punishment

Published on: December 26, 2017

Domestic Violence in the News: Most Notable Stories of 2017

By most accounts, 2017 has been a particularly turbulent year. From political upheaval at home to nuclear threats abroad; from devastating hurricanes to fires; from mass shootings to Harvey Weinstein (and dozens more exposed and felled by #metoo); it seems like one headline continues to outdo the next.

Amid all the upheaval, this year has also seen some important news stories about domestic violence, some of which even tie in to recent high-profile stories (for example, the church shooting in Sutherland Springs). Let’s look at a few of the most notable domestic violence news stories for 2017 and see what we can learn from them.

Red Sox Pitcher Steven Wright Arrested for Domestic Violence

Published on: November 20, 2017

Common Defenses Against Domestic Violence Charges and When They Apply

by Michael Kraut

Domestic violence is a serious matter here in California. The laws are strict, tolerance is low to nonexistent, and the overwhelming response is such that being accused of it can dramatically alter your life, even if you’re not guilty. If you got into a mild altercation with your spouse that somehow got construed to be domestic violence, your private disagreement could be instantly ranked alongside major felonies like assault or murder.

Suffice it to say that when you’re accused of this crime, choosing the right defense strategy may be critical to your future, which is why you need a seasoned criminal defense attorney to help you map out a plan of action while representing your interests in court. Let’s take a look at some of the most common and effective defenses against charges of domestic violence, and under what circumstances it’s appropriate to use them.

False Accusation

Published on: October 23, 2017

Getting Back on Track After a Domestic Violence Arrest

by Michael Kraut

You hit your significant other. Now you’re facing possible jail time and a restraining order. But while those are serious consequences, the worst, for you, is that you’ve lost the love and respect of someone you really cared about. Is there any way to get that back? To restore normalcy to your life and relationship?

Protect Your Freedom AND Engage in Sober Reflection

It’s one thing to vigorously defend yourself against legal charges related to the domestic violence event. You deserve fairness, and the consequences of a criminal conviction can profoundly affect your financial future, your job prospects and even your freedom. And even though you did (by your own admission) commit a violent act, you need to protect yourself against overly aggressive prosecutors. You’re looking for fairness and a chance to reboot and start again.

Published on: October 17, 2017

A Quick Guide to the Major Los Angeles DUI Laws

by Michael Kraut

Police have charged you with a DUI, and now you’ve got a lot of questions and concerns.

• Exactly what do the charges against you mean?

• What legal issues are you facing?

Published on: July 19, 2017

False Positives And Other Outlandish DUI Arrests

by Michael Kraut

Have you heard the one about the driver who was arrested for DUI because he had a caffeine high? Or about the state legislator who successfully argued that cough syrup and a breath spray caused a false positive DUI breathalyzer reading?

While law enforcement officers and courts generally accept breathalyzer tests as proof that someone was driving under the influence, those tests can sometimes give false positive readings. As absurd as these stories sound, to the people wrongfully arrested for DUIs, these incidents are no laughing matter.

Betrayed by their bodies

Published on: July 5, 2017

Powerful Resources to Deal with the Problem of Domestic Violence

by Michael Kraut

As someone recently accused of domestic violence charges, you’re no doubt acutely aware of the challenges faced by victims. Whether you stand falsely accused of hitting a spouse or partner, or whether you took an action against someone you love that you profoundly regret, it’s important to empathize. After all, finding a resolution to your family crisis—and your criminal case—requires understanding the situation first.

Unfortunately, those accused of domestic violence—as well as those victimized by violent acts—often look only to the courts to sort things out. Sometimes, sadly, punitive intervention is necessary. But wouldn’t it be better if everyone involved could have their needs met and society provided more (and better) resources to families in trouble?

After all, the end goals we’re all seeking are the same:

Published on: April 16, 2017

Dealing with Social Media After Domestic Violence Charges

by Michael Kraut

Social media has become an integral part of our lives and our culture. While it has its benefits—it’s fun to stay connected to family and friends—there’s also a downside. Facts get distorted, ugly rumors spread quickly and some unfortunate person’s life can get turned inside out in a matter of hours.

So what happens when you get charged with domestic violence? How do you respond if your accuser takes the story public? Your answer may depend on the truth of the charges against you and what impact the social media statements will have on your personal and professional life.

NOTE: Before you respond in any way, speak with a qualified Los Angeles domestic violence defense attorney as soon as possible. Even seemingly minor mistakes with respect to how you handle the situation online can have profound implications for your ability to fight the charges.

Published on: April 2, 2017

The Reasons Behind Risky DUI Behaviors

by Michael Kraut

“Come on, it’ll be okay. You haven’t had that much to drink. And anyway, I’ve seen you drive after you’ve had six or seven beers—you’ll do just fine.”

Ever had a conversation like that with a friend when you’ve been out socializing for the night? Chances are that you’ll yield to your friend’s persuasions and get behind the wheel, ignoring the small voice of reason inside your head that’s warning you’re about to do something stupid.

So if we know something is a bad idea, why do we do it anyway? Why don’t we choose to hang out with somebody who would give us better advice and encourage us to engage in less risky behavior? It’s a complicated answer that relates to the way our brain works and how we interact with those around us.

Published on: March 9, 2017

Domestic Violence Around the World

by Michael Kraut

Both California and U.S. laws offer victims of domestic violence some basic legal protections, including the ability to obtain restraining orders. These laws are not perfect, nor are they always effective, but in general they work and they have the approval of society behind them. Police will arrest domestic violence offenders and the state will prosecute them under criminal statutes. If convicted, the abusers face imprisonment and/or fines.

According to the World Bank, three-quarters of the world’s countries have laws against domestic violence, but enforcement of them can be spotty since abuse is at often culturally (if not legally) sanctioned. At least 45 countries, most in the Middle East and sub-Sahara Africa, have no laws forbidding domestic violence, according to the World Atlas. The countries include Algeria, Cameroon, Egypt, the Ivory Coast, Haiti, Latvia, Kenya, Pakistan and Yemen.

• In Kuwait, 35 percent of women have reported spousal abuse. In a Kuwait Times online article, an attorney from that country says that when it comes to domestic violence, the criminal intent is what matters in the eyes of the law. “If the violator (father, husband or other) hits his wife or child by hand lightly, this is not considered a crime as it’s his right do to so according to Islamic sharia. But if he burns the child or attacks his wife with a knife, it would be clear that the criminal intent was to cause harm. But if he hits his wife while they are fighting, he may claim that he only tried to threaten her and didn’t intend to cause serious harm. The verdict in these cases usually is ‘exchanging blows’ and each of the parties pays a KD 50 fine, as each of them claims self-defense,” the lawyer said.

Published on: March 2, 2017

Will Self-Driving Vehicles Solve the DUI Problem?

by Michael Kraut

For some people, the thought of autonomous vehicles opens up a range of partying possibilities. They imagine hanging out all night with friends, drinking whatever they’d like, and then getting into their own cars, which will drive them safely home. They won’t have to worry about getting pulled over for a DUI because the vehicle won’t swerve, run stop lights or travel erratically. The artificial intelligence that’s controlling their vehicle won’t be affected by its owner’s alcohol consumption.

While that scenario could become a reality at some point, it’s not likely that it will occur any time in the immediate future. For one thing, self-driving vehicles have a long way to go before they become feasible and/or widely accepted everywhere in the U.S. Plus, under most current scenarios, at least one human occupant has to sit behind the wheel of the vehicle and that human occupant (not the computer) is ultimately responsible for its operation. To accept that responsibility, that person will have to remain sober.

Autonomous Vehicles Today