Los Angeles Criminal Defense Attorney Blog

Published on: January 5, 2018

The Science of Memory, and How It Can Affect Your Criminal Case

If you’ve been charged with any crime—whether the charge is Los Angeles DUI, domestic abuse or something else—neither the prosecutor nor your defense attorney will rely solely on physical evidence to prove your guilt or innocence. Much of the evidence presented comes in the form of verbal testimony from witnesses—people who saw what happened, people who can attest to your whereabouts, experts called to weigh in on certain matters, etc. The problem is this: Verbal testimony is based mostly on memory, and memory can be a fleeting thing.

And the result is that, many times, when different witnesses offer conflicting testimony, it doesn’t necessarily mean one of them is intentionally lying. Sometimes it’s simply that those people remember the events differently. The jury then has the unhappy task of figuring out the truth, by listening to these alternative versions.

The Science of Memory and the “Rashomon Effect”

Published on: December 26, 2017

Domestic Violence in the News: Most Notable Stories of 2017

by Michael Kraut

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: December 11, 2017

The Many Ways a Los Angeles DUI Conviction Can Affect Your Future

by Michael Kraut

Despite California’s strict laws concerning driving under the influence, the state’s number of DUI arrests remains fairly high. According to the Annual Report of the California DUI Management Information System for 2015, there were more than 172,000 DUI arrests in 2012 alone; 73.8 percent of these were first-time offenders. Here in Los Angeles, law enforcement is known for its aggressive pursuit of DUI, with increased numbers of sobriety checkpoints. Some reports estimate as many as 100 people per day are arrested for DUI in Los Angeles County.

Moreover, year after year, the conviction rate for California DUI arrests hovers around 73-75 percent. Because three-quarters of arrests resulting in convictions, more than 120,000 California drivers a year will face long-term repercussions for their first DUI offense—and those who live in L.A. have a greater chance of being caught than in other parts of the state.

Suffice it to say you do not want a DUI conviction on your record. Let’s take a look at some of the ways a Los Angeles DUI conviction could impact your future.

Published on: November 27, 2017

DUI Around the World: Standards, Penalties and Prevention

by Michael Kraut

If you get into a car in South Africa, you might be taking your life into your own hands. According to a 2015 report by the World Health Organization (as reported in Forbes), South Africa has the most dangerous roads in the world, with 25.1 accident fatalities per 100,000 people. Furthermore, if someone dies in a vehicle accident in South Africa, there’s a 58 percent chance it was caused by someone driving under the influence.

These statistics are quite ironic considering South Africa has some of the steepest penalties for DUI offenses of anywhere else in the world. A DUI conviction can cost up to $10,000 in fines or 10 years of jail time, according to LifeSafer, and as recently as April, authorities were considering implementing a mandatory two-year prison sentence without bail for any DUI conviction. One possible reason for this dichotomy may be that the laws aren’t consistently enforced. According to a report by Voice of America, only 6 percent of DUI arrests in South Africa result in a conviction, thanks to a combination of backlogs, inefficient processing, bribery and corruption.

South Africa’s driving woes illustrate that America isn’t the only nation where DUI is an issue—although the WHO places the United States at Number 3 on its list of worst nations for DUI fatalities, only two behind South Africa a 31 percent fatality rate. The UK falls in the middle at 16 percent, while the country with the lowest DUI fatality rate (again, ironically), is China—the world’s most populous nation.

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: September 18, 2017

High Profile Cases Spotlight Domestic Violence: Lessons for Defendants

by Michael Kraut

Domestic violence affects people of every age, race and income level. But cases of domestic violence (DV) usually make the news only when prominent individuals such as actors, sports stars and reality TV celebrities become involved. These cases often open up important discussions… that are subsequently treated with only cartoonish analysis along the lines of “he’s bad; she’s good” or “she’s wrong; he’s right.” This is tragic, not only because domestic violence isn’t a simple crime but also because trivializing these cases prevents us collectively from reflecting and learning important lessons about ourselves, our habits and strategies that could prevent future violence. To that end, we’re going to summarize some major recent DV cases in the news and dive deeper—using them as a jumping off point to provide meaningful insight for defendants (and others).

Ezekiel Elliot (Accusations Against an NFL Star)

When a former girlfriend accused the Dallas Cowboy’s running back Ezekiel Elliot of domestic violence, the NFL investigated the charges and ordered his suspension for six games. But Elliot refused to take the suspension without a fight; he contended that the league had not given him a fair hearing.

Published on: September 4, 2017

Avoid A DUI With These Useful Apps

by Michael Kraut

When you have the right app, your cell phone can be a handy tool in helping you avoid a DUI charge.

• Planning a night out with friends? There are apps that will help you estimate your blood alcohol content and provide a rough estimate of your BAC based on how many drinks you’ve had.

• Are you sure that you’ve consumed too much to get behind the wheel? Download a few apps that can help you snag a ride home so you don’t have to drive.

Published on: August 7, 2017

DUI Hit-and-Runs on the Rise? Why, and What Can Be Done?

by Michael Kraut

Los Angeles County saw an alarming increase in the number of hit-and-run crashes in 2015, the last year for which statistics are available. According to a report from the NBC4 I-Team, the California Highway Patrol reported that the county experienced more than 28,000 such crashes in 2015. The report also revealed that 50 percent of all crashes in Los Angeles County are hit-and-run. (Compare that to the national figures; the American Automobile Association says that 11 percent of all crashes nationwide are hit-and-run.)

But California is not alone in the increasing number of hit-and-runs. New York, Florida and North Carolina are among the states also reporting big jumps in the number of crashes where drivers flee the scene.

The AAA Foundation for Traffic Safety reports that hit-and-run drivers kill nearly 1,500 people annually: