Los Angeles Criminal Defense Attorney Blog

Published on: April 25, 2011

Glendale DUI Near Nightmare Averted by Sheer Chance – Slugger Miguel Cabrera Nearly Ran Two Truckers Off the Road

The crime of driving under the influence in Glendale – in and of itself – is enormous and consequential, even if you don’t cause damage to life or limb and you cooperate fully with authorities – and even if you were just barely over the limit.

But evidence mounting against Miguel Cabrera – an outfielder for the Detroit Tigers – suggests that the major leaguer, who was arrested back in February on DUI charges, may be in a lot more trouble than anyone previously knew.

As this blog and other media outlets reported, Cabrera got arrested on February 16th in a florid scene that probably would have been newsworthy even if he hadn’t been a major league baseball player. If you have been pulled over in a relatively pedestrian Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI matter, you may be shocked to learn how crazy Cabrera’s arrest was.

He apparently drank a whisky bottle in front of the officer who arrested him, asked the police to “kill me” and confessed to having threatened to blow up a steakhouse.

Turns out, all those things pale in comparison with what Cabrera might have done.

Last week, the Florida State’s Attorney’s Office released evidence that suggests that Cabrera nearly ran two different Wal-Mart trucks off the road in his Range Rover. The truckers were forced to “take evasive action… in order not to hit [Cabrera’s] sport utility vehicle head on.”

Cabrera allegedly caused one tractor trailer to dodge him and another to actually drive all the way onto the grass to avoid a collision.

More information about what actually happened will no doubt trickle in, once the June 10 hearing arrives. Had Cabrera collided head first with either of the trucks, chances are, this would be a story about Los Angeles DUI manslaughter.

When SUVs and truck collide on the highways head on at high speeds, even advanced safety measures like ABS and airbags can be rendered essentially useless. Glendale DUI vehicular manslaughter charges can lead to punishments such as lengthy jail sentences, fines and fees, alcohol school, strict probation, and essentially the end of a baseball career (or any career).

An experienced Los Angeles criminal defense attorney (one example: Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. – located in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help you make sense of the charges pending against you and act in a timely, appropriate and proactive way to manage the charges. Connect today with this Harvard Law School educated attorney to go over your case and start plotting the most appropriate legal response.

Published on: April 18, 2011

Disturbing Los Angeles Medicare Fraud News: Couple in Minnesota Could Get Six Decades (Each!) in Prison

by Michael Kraut

A new Minnesota Public Radio report has public health authorities, economists, and bloggers who focus on issues like Southern California Medicare fraud alike analyzing and chatting about powerful charges against a couple from Brooklyn Park, Minnesota.

Anita and Stephen Soledolu — co-owners of a home healthcare service — allegedly submitted Medicare claims that did not have documentation. Prosecutors allege that the couple bilked Minnesota for over $864,000. The Soledolus face indictments on six felony counts. Each one could be hit with six decades behind bars and penalties of $300,000.

According to a Minnesota Public Radio report: “The Soledolus submitted claims for home care of Medicaid recipients when investigators found clients weren’t home.”

Published on: April 11, 2011

Beverly Hills DUI Unfairness: Can a Low Carb Diet Ruin your Breathalyzer Readings?

by Michael Kraut

Let’s face it: celebrities, movie stars, and Beverly Hills business people want to stay as thin as possible. But if you’re on a low carb diet and you’re pulled over under suspicion of Beverly Hills DUI, be forewarned that the ketone bodies that you produce while on this diet can potentially have an adverse effect on your breathalyzer readings.

In fact, this effect of low carb or very low calorie diets (e.g. fasting) can easily accidentally land you a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI – even if you’re significantly under the legal limit… or haven’t been drinking at all!

Before we get deep into the biochemistry, let’s dial back and learn a little bit more about the breathalyzer. A Beverly Hills DUI breathalyzer test is essentially a chemical analysis that looks for certain compounds on your breath to determine whether you’ve imbibed ethanol alcohol in a high concentration. If your blood alcohol concentration (BAC) is greater than 0.08%, you will be tagged for Beverly Hills DUI pursuant to California Vehicle Code Section 23152(b). End of story.

Or is it?

A variety of factors can screw up a breathalyzer’s reading. If you’re diabetic, for instance, and you suffer from ketoacidosis – a potentially life threatening condition – you will produce chemicals that can skew the BAC reading to be higher than it should.

When you’re on a low carb diet, your body will also manufacture these compounds, called ketones, but at very safe levels. (One of the big myths about low carb diets involves confusing the very dangerous ketoacidosis with normal ketosis).

Essentially, when you spare carbohydrates in the diet, your liver burns fat to help transform protein via a process known as gluconeogenesis into the glucose you need to run things like your brain. The half burnt fat releases ketone compounds to help provide fuel for the body and organs. According to Dr. Michael Eades, author of the best seller Protein Power, “the heart, for example, operates about 28% more efficiently on ketones than it does on glucose.”

In any event, the ketones not used immediately for fuel remain in the blood; they will be present in your breath and can skew your breathalyzer reading. How much will they skew your reading? The answer depends on a huge variety of factors, including how deeply into ketosis you are, your age, your gender, your weight, whether you’ve consumed alcohol simultaneously, whether you are on any medications, and literally dozens of other factors.

To build an effective defense, therefore, it’s common sense and good practice to talk to an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut, (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can discuss your arrest and possible defense strategies today. Mr. Kraut spent nearly 15 years serving the city as a prosecutor – he actually put many DUI offenders behind bars.

Published on: April 4, 2011

Southern California Medicare Fraud Red Flag: Massive Detroit Bust Alarms Doctors and Chiropractors in the Southland

by Michael Kraut

As regular followers of this blog’s ongoing series on Los Angeles Medicare fraud know, the Federal Government has been stepping up its campaign to bust up Southern California insurance fraud and other white collar crimes – particularly Medicare and Medicaid related schemes.

Today, we’ll focus on a major news story out of Detroit, Michigan. According to the AP, Oscar Linares, a 53-year-old Michigan doctor, allegedly fraudulently billed Medicare for $5.7 million between 2008 and 2010. The Wednesday before last, authorities broke into Linares’ clinic, The Monroe Pain Center, and arrested the doctor.

According to reports from the Monroe Evening News, Linares’ Medicare fraud was unusually intense. He allegedly saw 250 patients a day – actually, he didn’t specifically “see” the patients, he had proxies see the patients and dole out prescriptions for controlled substances like OxyContin. Indeed, if more than 200 patients came in a day, employees allegedly would get bonuses!

Published on: March 28, 2011

Pasadena DUI Technology Debate: Anti-DUI Cell Phone Apps Concern Police

by Michael Kraut

To cut down on driving under the influence in Pasadena and elsewhere in the Los Angeles County area, police officers often set up checkpoints to stop people suspected of DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles. Often, the drivers come upon these checkpoints by surprise. But some technologically adroit drivers are starting to outsmart checkpoints by leveraging the power of new cell phone apps, such as PhantomAlert, Cobra iRadar, Trapster, and Fuzz Alert.

The USA Today ran a major story on this phenomenon last week — “High tech apps help drivers evade police” — basically talking about how cell phone apps can help drivers pinpoint red light camera, speed traps, DUI checkpoints, traffic jams, school zones, and dangerous road areas.

Some police officers and first responders see these new apps as nothing but a negative. For instance, USA Today quoted a Montgomery County, Maryland Police Department Captain, Paul Starks, who said: “If people are going to use those, what other purpose are they going to use them for except to drink and drive… They are only thinking of one consequence and that’s being arrested. They are not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

While Captain Starks’ concerns may be somewhat valid – after all, one of the apps is called “Fuzz Alert” – the situation may be more nuanced. Indeed, the USA Today article quotes a retired firefighter and a Virginia Beach police officer saying positive things about these new apps. These officers indicate that, by helping increase driver awareness of potential obstacles and hazards, these apps can actually encourage safer driving. Newport News, Virginia firefighter, Dennis Ricketts, recently purchased PhantomAlert himself. He says the device has made him more keen to conditions on the road: “A lot of times when people drive, they’re not paying a lot of attention, especially if it’s the road you drive on repeatedly…with this, you’re a lot more aware of everything that’s going on and on things that might be coming up.”

Obviously, this blog post is not about to settle the debate. But it’s interesting to see that even police officers have mixed reviews about the applications. As with any policy measure, it’s important to run scientifically-controlled studies and look at hard data before rendering judgment. Of course, that’s easier said than done. As this blog has addressed before, it’s incredibly difficult to separate cause-and-effect when looking at driving data – so many factors come into play.

Beyond this technical debate, let’s talk a little bit about Pasadena DUI process. The first thing that happens is either you get pulled over at a checkpoint or stopped for a traffic violation. Next, a Los Angeles DUI investigation might commence, during which you will be asked to blow into a breathalyzer device and take field sobriety tests. If the officer has a reason to believe you are DUI, you will be arrested, likely pursuant to either California Vehicle Code Sections 23152 (a) or 23152 (b). Your next step will be to get an attorney to represent yourself – although you can represent yourself without a lawyer. Then you will have to go through the DMV hearings. Then you will arraigned. Next, you will go through the pretrial hearing and motions. In one out of every 25 cases, you will end up at a jury trial. And then you will have to deal with the results after trial.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (based out of Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can provide compassionate, experienced, trial-ready service to help you get best results and to get you back on track with your life. Mr. Kraut really knows his business: Not only did he serve for 14 years as a Senior Deputy DA for Los Angeles (during which time he prosecuted many DUI cases), but he also has racked up a superb jury trial record and has won the respect of colleagues, clients, and even the national news media.

Published on: March 21, 2011

Will Los Angeles Healthcare Fraud be Wiped Out by President Obama’s 2012 proposals?

by Michael Kraut

For last several years, we’ve witnessed massive arrests for Southern California Medicare fraud and other healthcare fraud schemes around the nation. Billions of dollars have been seized, and hundreds of people have been arrested and brought to trial. The news practically glitters every week with examples of chiropractors, dentists, doctors, and other healthcare providers caught up in the dragnet.

According to the Centers for Medicare and Medicaid Services, President Obama’s 2012 budget proposes a variety of new antifraud tools that will escalate the government’s fight against fraudsters and scam artists. Some experts estimate that the antifraud tools may save over $32 billion over the next decade. What are some of these new antifraud tools, and will these enhanced tactics really repair the system and prevent abuse and graft?

First, let’s take a look at some crucial statistics:

Published on: March 14, 2011

Beverly Hills DUI Spectacle – Lindsay Lohan’s Court Saga Unfolds In Ever New Directions

by Michael Kraut

It’s no secret that Lindsay Lohan’s 2007 Los Angeles DUI arrest has been one of the most publicized celebrity DUI situations in history – probably because the 24-year-old actress continues to encounter legal problems, some of which clearly appear to be self generated.

Last week, a Los Angeles judge extended Lohan’s deadline to accept or reject a plea deal pursuant to felony grand theft charges. On March 25th, Lohan will decide whether to accept the plea or go in front of a different judge in late April to face a preliminary hearing about whether enough evidence exists to take her to trial for her theft of a $2,500 necklace from the Venice jewelry store, Kamofie & Company.

Since her 2007 arrest, hundreds of people have been arrested for driving under the influence in Los Angeles, DUI in Pasadena, Burbank DUI, Glendale DUI, and DUI throughout the Southland. But Lohan’s case has probably garnered more media ink (both printed and virtual) than most or even all of these other DUI events combined.

Why is that?

One reason might be the escalating nature of Lohan’s legal troubles. In 2010, for instance, Lohan allegedly attacked a worker at the Betty Ford Rehab Clinic, tested positive for drugs and endured a second prison stint for violating her 2007 Los Angeles DUI probation, allegedly lost her passport, and got ordered to wear an alcohol monitoring bracelet and attend additional alcohol education classes. Lohan also lost out on a high profile job – she was slated to star in a biopic of Linda Lovelace (an ex porn star) but got cut and replaced by Watchmen co-star Malin Akerman – possibly because the director did not want to attract negative media attention to the film.

Also, in April last year, police questioned Lohan regarding a theft of a $35,000 Rolex watch.

Lohan’s repeated criminal behavior is known technically as “recidivism.” Studies suggest that people who break the law once will be far more likely to do so again, and the legal system builds in escalating punitive possibilities for repeat offenders.

For instance, consider how Beverly Hill DUI penalties go up as you get convicted for multiple crimes. During a first misdemeanor conviction, you will get 48 hours in custody with a maximum of six months behind bars. You may have a minimum of six weeks in alcohol school, a one-year license suspension, a $1,000 fine, tough probation terms, and court costs to pay. These are obviously not consequences to easily dismiss.

But what should happen if you get a second misdemeanor conviction within 10-years? Suddenly, your mandatory jail time hops up to 10 days behind bars, you can have a minimum of a year and a half of alcohol school, a two-year drivers license suspension (instead of a one-year), much stricter probation terms, and hiked up court costs and fees.

Third and fourth time Beverly Hills DUI offenders can suffer even more consequences – including the bumping up of what would ordinarily be a misdemeanor to a felony charge.

A Los Angeles criminal defense attorney, such as Michael Kraut of Beverly Hills Kraut Law Group Criminal & DUI Lawyers, Inc. (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can work with you and your family to ensure that you understand your rights and responsibilities under the law.

Mr. Kraut – who has spent a decade and a half of his life as a prosecutor for Los Angeles, during which time he worked assiduously to put defendants behind bars – leverages his former connections from his days as a prosecutor as well as his Harvard Law School education to deliver exceptional results for his clients. His results really do speak for themselves – a 99% success rate at jury trials, great reviews from past clients, admiration from prosecutors and judges, and invitations from major media, like The New York Times, and KTLA Los Angeles, to comment on DUI news of the day.

Published on: March 7, 2011

Burbank DUI Madness – Three Stories Illustrate Our Crazy Times

by Michael Kraut

The typical case of driving under the influence in Burbank (or elsewhere in the Southland) is pretty mundane. Perhaps a police officer sees a driver weaving in a left hand lane and pulls him over. Or maybe you get stopped at a checkpoint after leaving a bar after a Lakers game.

Today, this blog is going to present three stories that don’t fall under the typical pattern of Burbank DUI, Glendale DUI, Pasadena DUI, and Los Angeles DUI stories. These DUI oddities from around the nation serve not only to amuse but also to warn. It’s important to understand how dangerous and foolish it can be to mix intoxicants and drugs with driving. In any event, without further ado, here are three DUI curiosities from last week.

1. Grandmother slapped with DUI charge after she drives with grandson in her lap.

This story comes from McCracken County in Kentucky: A 52-year old grandmother, Diane Driver (her real name), had been coasting around her hometown with her 3-year old grandson on her lap – that is, not in a car seat. The grandma hit a mailbox before eventually stopping in a driveway. An alert family member rescued the child and alerted the police.

2. North Dakota DUI driver slams into a house.

Early morning last Wednesday in Fargo, North Dakota, an SUV driver, 22-year old Kirk Dehler, slammed his 2009 Land Rover into a house while he was DUI. The owner had been preparing for bed. She reportedly heard the entire house “shudder” – the SUV crash resulted in $20,000 worth of damage to the home.

3. Police officer busted for DUI in Franklin County, Maryland.

A deputy officer – driving a police vehicle, no less – was spotted speeding through Pacific City Park. Another officer saw the suspect pull on into a driveway, confronted the deputy, and arrested him.

In all three stories, drivers exhibited warning signs. Symptoms of Burbank DUI can include: Aggressive or bizarre driving, odor of alcohol on the breath, failure to cooperate with police officers, belligerent behavior, lack of balance, red and bloodshot eyes, open containers of alcohol in the car, person’s admitting to having consumed alcohol recently, and lack of mental coordination (e.g. being unable to answer officer’s questions).

Just because you exhibit some or even many of these Burbank DUI symptoms doesn’t mean that you necessarily were under the influence, legally speaking. If you face charges, it’s wise to consult with a Los Angeles criminal defense attorney, such as Mr. Michael Kraut of Los Angeles Kraut Law Group Criminal & DUI Lawyers, Inc. (Burbank location at: 2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). Attorney Kraut is a Harvard Law School educated lawyer who has a history of getting results (99% success rate at jury trials) and a profound understanding of how prosecutors think (he was a prosecutor himself for well over a decade).

Published on: February 28, 2011

Massive Los Angeles Medicare Fraud Bust – Five Suspects Accused of Cheating Medicare of $28 million

by Michael Kraut

Last week, 700 FBI and Health and Human Services agents rounded up 111 suspects in nine cities – including five people suspected of Los Angeles Medicare fraud – in the “largest-ever Federal health care fraud takedown” in the United States, according to government officials. The Los Angeles Times reports that five LA defendants “cheated the government out of more than $225 million in false billing schemes that included fraudulent claims, kickback operations, money laundering and identity theft.”

A spokesperson for the Justice Department’s Criminal Division, Assistant Attorney General Lanny Breuer, said “our message is clear… we are determined to put Medicare fraudsters out of business.”

The Justice Department’s task force has really revved up, since its inception in early 2007. So far, nearly 1,000 people have been charged for false billing schemes – approximately 75% of these people have been convicted. The average prison sentence has been quite substantial – 43 months (more than 3.5 years). In 2010 alone, national, state, and local task forces raked in about $4 billion in fines and recovery payments.

Published on: February 21, 2011

Glendale DUI Doozy: Man Arrested for DUI after Telling Police He was “Trying to Mow the Sidewalk”

by Michael Kraut

In fairness, anyone who gets pulled over for suspicion of driving under the influence in Southern California might act a little strange. Indeed, this blog has covered accounts of DUI drivers hiding goats in their car and operating boats, mopeds, and even lawn mowers while under the influence of alcohol and/or narcotics.

But a new level of total bizarreness might just have been reached last week, when an Ohio man attempted to weasel his way out of trouble by claiming that he was just “mowing the sidewalk” when the cops found his car stuck in a snow bank, revving furiously and going nowhere.

Obviously, crimes such as driving under the influence in Glendale, DUI in Burbank, DUI in Pasadena, and Los Angeles DUI should be taken seriously. But it’s important to acknowledge the absurdities that sometimes occur during DUI stops – not just to amuse readers but also to remember just how stressful DUI stops can be and how they can warped our judgment.

But anyway, back to the story. Steve Urbansky drove his car into a snow bank in the city of Lorain, Ohio early last Sunday morning. As Urbansky vainly tried to free his vehicle, the commotion attracted the attention of an officer, who found the 46-year-old sitting in his vehicle, desperately trying to get it unstuck. In addition to telling the officer that he was “just trying to mow the sidewalk,” Urbansky admitted to having consumed alcohol and failed field sobriety tests. The officer also found an open can of beer in his glove box. To top it off, Urbansky has two DUI convictions on his record – one in 1997, one in 1999.

Standard Glendale DUI field sobriety tests are almost certainly similar to the FSTs that Mr. Urbansky got put through.

The officer who pulls you over will ask you to perform a variety of tasks, both mental and physical, to assess your fitness for driving and determine whether to give you a chemical test, such as a breathalyzer or a blood test, to check your blood alcohol concentration.

DUI tests are fairly straightforward. For instance, you may be asked to walk up and down the white line on the side of the road – the so-called “walk the line test.” Or you may be asked to recite the alphabet backwards, count backwards, balance on one leg, allow the officer to shine a flash light in your eyes (horizontal gaze nystagmus test), and engage in other more complicated tests like the finger to the nose test.

You might think that these assessments would accurately separate DUIs from sober drivers. But they often yield inconclusive results or even false positives. Someone who has had a lot of balance training – such as a martial arts master or a gymnast – may have a relatively easy time completing the FSTs, even if he or she is over the limit. On the other hand, someone who is fatigued, uncoordinated, or simply anxious and confused, might fail, even though he or she is completely sober or at least definitively not over the California legal limit of 0.08% BAC.

A competent Glendale or Los Angeles criminal defense attorney can provide essential services during your legal crisis. Michael Kraut of the Kraut Law Group Criminal & DUI Lawyers, Inc. (offices in Glendale at  121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can provide a free and important case evaluation today. Attorney Kraut is a widely admired figure in the Los Angeles DUI community. Not only did he serve for a long time as a prosecutor with the city (he thus understands how prosecutors think) but he also attended Harvard Law School and he boasts an excellent record at jury trials.