Los Angeles Criminal Defense Attorney Blog

Published on: January 20, 2020

Biggest Domestic Violence Stories of the 2010s

Domestic violence is, unfortunately, one of the most common crimes of our time. DV claims more than 30,000 lives worldwide each year, most of them women. Here in the U.S., DV arrests range in the hundreds of thousands each year, and that doesn’t account for the many other incidents that never get reported. (Some estimate there are as many as 10 million victims per year.) And while many of these stories make the headlines, the sheer numbers of them often get buried among other stories.

That said, every so often a particular story stands out to us for one reason or another. Now that the 2010s have come to a close, let’s take a look at a few of the more noteworthy domestic violence cases from the past decade to see what we can learn from them–in particular, how they can help those accused of DV understand their story in context and use this point in their lives as a positive turning point.

Russian Woman Loses Her Hands to Domestic Violence

Published on: December 19, 2019

Overview of California Domestic Violence Laws

by Michael Kraut

If we were to time-travel back several decades, we’d see a time in America when domestic violence was “winked at” by our culture. Couples fight, we’d reason to ourselves, and sometimes they hit each other. Incidents of violence in the home were difficult to prove, and law enforcement got involved only reluctantly. Patterns of ongoing abuse would go largely unchecked behind closed doors, largely because most cases were never reported.

Fast-forward to today, and it’s a much different story, especially in states like California, which has led the way in enacting stricter laws and penalties against domestic violence. California today has one of the most expansive and strictest sets of laws intended to protect the victims and prevent patterns of domestic abuse. That said, the laws have become so focused on protecting the victims that unfortunately, sometimes honest misunderstandings get classified as crimes, and innocent people get caught in the crossfire. Simply being accused of domestic violence can cause a person to be arrested, forced from their home and blocked from seeing their children at least until the accusations are sorted out. Even a misdemeanor conviction comes with mandatory jail time, loss of gun rights and other penalties. The victims do, in fact, receive much-needed protection, but for the accused, it’s never been more critical to have an experienced attorney to ensure a fair defense.

If you have recently been arrested for, or charged with, suspected domestic violence, it’s more important than ever to know what you’re up against. The following overview should help provide context regarding the most common charges and what constitutes domestic violence in this state.

Published on: November 17, 2019

Domestic Violence Around the World: How Other Countries Address DV

by Michael Kraut

Depending on where we get our information, research has shown that anywhere between 35 percent and 70 percent of women worldwide have been victimized by domestic or sexual violence at some point in their lives. Most laws passed against domestic violence are intended to prevent and punish these acts, but here in the U.S., where we have some of the strongest laws against DV, 20 people still become victims of domestic violence every minute.

Even so, if we look at the research done by human rights activists, we find that America is truly at or near the head of the pack as far as legal protections for women. While many still become victims, they at least have some legal recourse. Let’s examine this issue beyond our shores and look at how domestic violence is handled in other countries around the world.

Countries with No Domestic Violence Laws

Published on: October 22, 2019

Finding Resilience After a Domestic Violence Arrest

by Michael Kraut

When you have been arrested on charges of domestic violence—regardless of guilt or innocence—it can seem like time has stood still. Between the possible fracturing of your family and the lurking uncertainty of a trial, you may feel as though life itself has come to a screeching halt.

But whatever the outcome of your charges, at some point this situation will be in the past. Life will move forward, and you’ll have the opportunity to put this setback in the rearview mirror. How you choose to move forward can make all the difference between whether you recover along with your family, or whether (heaven forbid) you wind up back in this situation. To that end, we’ve curated some helpful advice from several professionals coming from a diversity of perspectives on coming back from a personal failure, difficult situation or fracturing life event. Their insights may help you find a map to becoming your best self in the days ahead.

Dr. Roopleen on Bouncing Back After Failure

Published on: September 24, 2019

Strategies to Deal Resourcefully with the Stress of a Los Angeles DUI Arrest

by Michael Kraut

Even in the best of circumstances, getting arrested in Los Angeles on suspicion of DUI can be remarkably stressful. In addition to the embarrassment and stigma associated with a DUI arrest, you also may face the very real prospects of fines, license suspension, jail time, and in some cases, the possibility of getting fired or being disqualified for certain types of work.

Facing just one of these possibilities is enough to wreak havoc on your mental health; with a DUI arrest, you may face all of them. While a good attorney can help you navigate these difficult waters toward the best possible outcome, you may need to practice a bit of self-care while working through the process. Let’s explore some practical strategies and tips for managing stress in the aftermath of a DUI arrest.

Put the Event in Perspective

Published on: July 16, 2019

FAQs About California Vehicle Code Section 23572 VC (DUI with a Minor Passenger)

by Michael Kraut

A DUI conviction in California comes with some stiff penalties, even for first-time offenders. However, if you have a minor in the car at the time of your alleged DUI, you could face enhanced penalties, including mandatory jail time. The specific law detailing these penalties is California Vehicle Section Code 23572 VC, sometimes called the “DUI with a Minor Passenger Penalty Enhancement.” The ramifications can be confusing at times, so let’s unravel them by answering some of the most commonly asked questions about this law and how it may affect your sentence if you’re convicted of a DUI.

What is California Vehicle Section Code 23572 VC?

This section of the vehicle code prescribes specific additional sentencing by the courts “if any person is convicted of a violation of Section 23152 [DUI] and a minor under 14 years of age was a passenger in the vehicle at the time of the offense.” If convicted of a DUI where the law applies, it requires the courts to enforce mandatory jail time in addition to whatever sentence the judge gives for the DUI itself. The upshot is that if you had a child under age 14 in the car at the time of your DUI arrest and you are convicted, you will spend time in jail, even if it’s your first DUI offense.

Published on: June 17, 2019

What Happens if You Are Undocumented and Get a DUI?

by Michael Kraut

Being arrested, charged and/or convicted for DUI comes its own set of challenges, even if you are U.S. citizen. But for undocumented immigrants, a DUI arrest can open up a whole new set of complications. Undocumented immigrants face a certain amount of risk anytime they get behind the wheel because even a routine traffic stop can put them on the radar of government authorities. But since the Immigration and Customs Enforcement agency (ICE) places a higher priority on deporting undocumented people with criminal records, a DUI arrest or conviction can heighten the chances of deportation considerably.

When/How Does ICE Get Involved?

Technically, a DUI is a municipal or state offense enforced by local or state police, not by ICE. Some people might gain a false sense of security over a DUI arrest because the local police and ICE are two different departments. However, a DUI arrest and/or conviction can get the attention of ICE quicker than you might think. ICE may get involved with your case in one of three ways:

Published on: May 22, 2019

Everything You Wanted to Know about Motorcycle DUIs in California

by Michael Kraut

Here in California, motorcycles have become a highly popular alternative to driving an automobile. Some people use them for their work commutes because of their fuel efficiency and ability to navigate through heavy traffic. Others use them simply because they are fun to ride. Unfortunately, some people also ride motorcycles while under the influence of drugs or alcohol, perhaps assuming they are good to drive, or that the DUI laws don’t apply in the same way to motorcycles as to other vehicles. Many times, the decision to ride under these conditions can be deadly. If you own a motorcycle or are thinking of buying one, let’s discuss what you need to know about motorcycle DUIs in California.

The Same DUI Laws Apply to Motorcycles as to Other Vehicles

Under California Vehicle Code 23152, it is illegal to operate any vehicle while under the influence of alcohol or drugs. The law further defines a vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Under this definition, a motorcycle is considered a motor vehicle in California, and the DUI laws apply in the exact same manner as driving an automobile. What does this mean for you as a motorcyclist?

Published on: April 24, 2019

What You Need to Know About California’s Expanded Ignition Interlock Device Program

by Michael Kraut

On January 1, 2019, California became the 33rd state to expand its ignition interlock device (IID) program. Enacted by Senate Bill 1046, the new law aims to deter repeat DUI offenses by requiring repeat offenders to install IIDs in their vehicles, as well as giving first-time offenders an alternative to having their licenses suspended.

While IID technology has been in existence for some time, it has gained rapid momentum in recent years as a preventative measure against DUI. An ignition interlock device is effectively a breathalyzer installed in the vehicle. Before starting the car, the driver must breathe into the device which quickly calculates your blood-alcohol content. If the BAC is above 0.04 percent, the car simply will not start. (The legal BAC limit in California is 0.08.) The device will also require a retest every 30 minutes while the car is on.

Since this law will likely change the way DUI is enforced throughout the state, let’s discuss the important points and takeaways of the expanded IID program. Here’s what you need to know.