Punishment

Published on: January 23, 2009

Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor’s recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Published on: January 22, 2009

Shia LaBoef Looses Driver’s License After Los Angeles DUI

by Michael Kraut

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff’s Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver’s license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Criminal & DUI Lawyers may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a “valid” refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

Published on: January 19, 2009

Heather Locklear’s Los Angeles DUI dismissed

by Michael Kraut

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver’s license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver’s license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Published on: January 10, 2009

Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction

by Michael Kraut

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person’s life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Published on: December 27, 2008

Christmas Eve shooting in Los Angeles Suburb of Covina Ends with Arson

by Michael Kraut

A man dressed as Santa Claus opened fire at his relative’s house in Los Angeles suburb of Covina killing 9 people and then shooting himself after going to the house at almost midnight. The shooter then set fire to the scene starting a Los Angeles arson and then fled the scene, traveling 40 miles to Sylmar, California and then killed himself. Had the gunman lived, he could have been charged with a Los Angeles murder. In fact, he could have faced capital murder charges, also called murder with special circumstances. In California, a person that commits murder in the commission of a Los Angeles arson crime, could be charged with the death penalty. In addition, the special circumstances of the multiple murders also could lead to the death penalty. These crimes are defended by a Los Angeles homicide crime defense attorney.

Published on: December 25, 2008

Christmas and Holiday Wishes From Los Angeles and Southern California

by Michael Kraut

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.

Published on: December 20, 2008

Celebrity Crime and Show Business Meltdowns in Los Angeles Almost Done for 2008

by Michael Kraut

2008 is almost over and the star studded, celebrity crimes including Los Angeles DUIs, Southern California drug possessions, and other movie star crimes is in its final countdown for the year end.

In Los Angeles, celebrities not only entertain us in the movies, on TV and in theaters, but also on the nightly news. Just as there is a countdown to the top music hits and movies for the year, so do we countdown the top celebrity crimes and sex scandals.

A brief summary of those crimes are as follows:

Britney Spears, Paris Hilton and Lindsay Lohan have been the top eye catchers this year. Jail time, rehab time, and parenting counseling have led all stars to the front line of the blogging circuit. All have found themselves in the Los Angeles DUI headines being represented by top notch Los Angeles and Southern California DUI criminal defense attorneys.

Amy Winehouse may have won 5 Grammys this year, but she will always be remembered for her drug induced behavior including smoking crack cocaine and becoming thinner then anyone could possibly believe. Once again she attempted to find her way to rehab only to try, try again.

Actor David Duchovny made the news this year for his sex scandal followed by a confession that he was entering rehab to avoid falling into a hole of sex addiction. While Los Angeles sex crimes are waning in the last year, celebrity sex scandals are hitting an all time high. The role that Duchovny plays in his Emmy nominated role as sex-obsessed writer Hank Moody in Showtime’s Californication, is eerily similar to his real life confessions. Oddly enough, he will be back again this year playing the same role on screen he is trying to vex from his system in his personal life.

Madonna did not escape the year of controversy when she was rumored to have a sex affair with the Yankee star Alex Rodriquez. This might not have seemed to be such a wild story but it was soon followed up by behind the scene statements that she and her husband of many years, Guy Richie, were breaking up.

Published on: December 18, 2008

Los Angeles Celebrity Car Peppered with Bullets on Southern California Highway

by Michael Kraut

A Los Angeles driver of a Bentley Continental was shot and killed late at night this week while driving on the 101 freeway near downtown Los Angeles. While shootings and murders are not uncommon in this Southern California city, violent crime rates with the use of weapons had recently been published as falling significantly.

Now that the person who committed this violent crime needs to contact a Los Angeles violent crimes defense attorney who has extensive experience on handling both Southern California murder cases, and who practices as a Southern California weapons crime defense attorney.

Now that the victim died, the person who pulled the trigger, or the person who knowingly drove the vehicle with the shooter inside, could be charged with murder. Shooting from a motor vehicle is a capital crime if convicted the person could be charged with the death penalty, also called capital murder.

The person who either committed this crime, or who helped in any way needs to contact a Los Angeles pre-filing criminal defense attorney. There may be several defenses to this crime, but the police will be looking to pin a murder case on who ever was involved. Even though violent crime has recently fallen, there are still many murders occurring in the Los Angeles area.

In fact, almost all of the serious crimes, except Los Angeles DUI charges handled by a Los Angeles DUI defense attorney, had been falling in recent years due to increase policing activities by local law enforcement. The unnamed motorist was driving his $200,000 vehicle on the highway when he crashed into the center median. Other cars stopped to render aide, but found that the driver had not been in just a simple car wreck, but had been peppered with bullets.

The crime scene that ensued snarled traffic in excess of 8 hours. Police state that a 25-year-old man was driving the luxury car on the freeway and was found unconscious and riddled with bullets. He was in critical condition and not expected to live when he was admitted to the hospital. He later died.

Police could not find any reason for the murder, nor were there any clues as to who was the shooter(s). Police are now turning to traffic and security cameras to see if the crime was caught on video. Police are clueless if this was a random shooting or a gang murder.

Published on: December 17, 2008

Expungements in Los Angeles on the Increase

by Michael Kraut

The number of expungements being granted in Los Angeles and Southern California has significantly risen in recent years. Expungement is a legal word for cleaning up a criminal record. It appears that people charged with a Los Angeles DUI or other crime are now filing requests for expungements pursuant to Penal Code 1203.4 at a much higher rate then they have in the past. Why you might ask? Well in the past, criminal defendants were punished by the court and their criminal records became a part of who the person was from that time forward. Now-a-days, good upstanding people who had one or two convictions want to remain productive and not allow a conviction to ruin their life.

California courts have taken a new approach in handling these matters. The judges seem to realize that those people previously charged with a crime and having completed probation successfully are rehabilitated enough to clean up their criminal records.

If you wish to have your criminal record expunged, then you should contact a Los Angeles expungement lawyer. You will need to make sure that the attorney has experience in filing these motions and arguing them before a court. Often times the District Attorney in the courtroom will object to the expungement and it will take a capable lawyer to make the necessary legal arguments to convince a judge that you deserve the clearing of your record.