Los Angeles Criminal Defense Attorney Blog

Published on: June 18, 2009

Lindsay Lohan Under Investigation for Grand Theft of Jewels in England

Lindsay Lohan is being investigated for grand theft of the $400,000 worth of jewels from Dior she was wearing at her Elle Magazine photo shoot. Scotland Yard has been brought in to review the facts surrounding the lost jewels. The items, a diamond necklace and diamond earrings, were reported stolen right after she wore them on June 6, 2009.

According to sources close to the investigation, Lohan admired the jewels and asked if she could keep them. The jewels were not reported stolen for two days. At that time, Central London Police were notified.

Los Angeles grand theft crimes need to be defended by a Los Angeles grand theft defense attorney. People who are charged and convicted of a grand theft could be sent to prison for 3 years if the case is a felony. After release from prison, the person will be on parole and will have to be monitored. That is why if you or someone you know is being investigated for a South California grand theft crime, they should immediately hire a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.

Published on: June 17, 2009

Donte Stallworth Gets 30 Days for DUI Death Case

by Michael Kraut

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a Los Angeles DUI, .08 by weight.

According to news result, Stallworth had been drinking and then ended up driving down the street when 59-year-old Mario Reyes jumped out between two parked cars trying to cross the street to get to a bus.

Most people were outraged by the low jail sentence of 30 days plus two years of house arrest. However, his pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.

Published on: June 12, 2009

Rihanna Subpoenaed on the Chris Brown Los Angeles Domestic Violence case

by Michael Kraut

Singer Rihanna has been subpoenaed for the up coming criminal case against Chris Brown. Her attorney’s have publicly stated that she was served with a criminal subpoena served on behalf of the Los Angeles District Attorney’s Office for the June 22, 2009 hearing.

Under state law, if she fails to appear after being properly served with the subpoena, she could be arrested and jailed. However, former Deputy District Attorney Michael Kraut, now managing attorney of the Kraut Law Group Criminal & DUI Lawyers, Inc., has stated that the Los Angeles County District Attorney’s Office has a policy of not arresting domestic violence victims if they fail to appear or testify at a criminal hearing.

The June 22, 2009 hearing, will be a preliminary hearing in which the prosecution must put forth evidence to show that a crime was committed and that the evidence points to Chris Brown committing the crime.

If she testifies as expected, it is likely that Chris Brown will be held to answer on several serious felony crimes.

Published on: April 23, 2009

Los Angeles DUI and Southern Califoria driving while intoxicated arrests are on the rise

by Michael Kraut

Los Angeles DUI arrests are on the rise. While the economy is undergoing some serious setbacks, law enforcement is pursuing Southern California drunk drivers with fierce vigor. If you have been stopped and arrested for a DUI, then it is very important to immediately contact a Los Angeles DUI defense attorney. A pre-filing DUI attorney may be able to assist you in contacting law enforcement or the prosecution to tell you side of the story, prior to a case being filed against you.

Over the next few blog entries, the Los Angeles DUI process will be examined in detail. First is the DUI arrest

TRAFFIC STOP AND DUI CHECKPOINT

Usually, the entire DUI process in Los Angeles or Southern California begins when one of two events occurs. Either when a person is pulled over for a traffic violation or when a person enters a DUI checkpoint. By far, the most common beginning of the DUI process occurs when the officer pulls the suspect over for a traffic violation. The violation most often is either running a stop sign or light, weaving between lanes, speeding or allowing for a simple defect to the vehicle. At this time, the officer will state that he or she noticed what is called the objective symptoms of intoxication. These symptoms include slurred speech, watery eyes and the smell of alcohol on the suspect’s breath. If you are stopped by the police for a DUI in Los Angeles, please call attorney Michael Kraut for a free consultation.

In the last several years, police agencies have begun to use DUI checkpoints as another process to catch people driving under the influence of alcohol and drugs. Like all new legal processes, DUI checkpoints have gone through many legal challenges and are strictly controlled. If the police do not adhere to the strict standards established by the United States Supreme Court and the Supreme Court of California, then an experienced criminal defense attorney will be able to attack the validity of the stop. If the stop is illegal, then all of the evidence is thrown out of court and the prosecution may not proceed with the case and charges will be dismissed.

The police may not do whatever they wish to pull over drivers to conduct DUI checks. The limitations on the police by the courts are very limiting to law enforcement. The procedures are set forth as follows:

1. The supervisors of the police must make the determination for when and where the checkpoint will be set up.
2. The police officers operating the DUI checkpoint must adhere to strict standards established. A clear policy must exist that directs officers in the field with exactly how and when to stop vehicles.
3. The Supreme Court states that there must be numerous safeguards in the checkpoint. There must be warning signs prior to entering the checkpoint, there must be proper lighting and there must be police vehicles that are clearly identifiable at the checkpoint.
4. The checkpoint must be located at a reasonable spot.
5. The time of the traffic stop must be limited, so as to not create traffic problems. Most checkpoints are late at night on side roads.
6. The warning signs at the checkpoint must be clear and create a visible indication of the proper authority that any stop is authorized.
7. The detention at the checkpoint, if any, must be limited in duration so that the length of the intrusion on the driver is minimal and the safety of the driver, as well as other motorists, is not jeopardized by traffic jams.
8. The courts have indicated that, while not a requirement, the checkpoints should be publicized in advance.

Published on: April 13, 2009

Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles

by Michael Kraut

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of second degree murder in the Los Angeles shooting death of actress Lana Clarkson. Spector, 69, was immediately remanded into custody by Judge Larry Paul Fidler.

The producer was quiet as usual when he arrived in court. As the verdict was read he looked straight ahead and did not show any emotion. The six-man, six-woman jury began deliberating on March 26, 2009, after a 5 month trial. This was the second trial for Spector whose first trial ended in a hung jury. Alan Jackson, the prosecutor, tried both cases. The facts presented in both cases was primarily the same. This time the jury seemed to take the evidence of Phil Spector’s quirky behavior of pointing guns at the heads of woman who he dated, but refused to sleep with him, as evidence of his implied malice.

As soon as the shooting occurred back in 2003, Spector immediately hired his pre-filing Los Angeles defense attorney. The reason to do so is that a Southern California criminal defense attorney can make the difference between the police immediately gathering all of the evidence and destroying the crime scene, and a representative of the accused being able to begin the process of preparing a strong and capable defense.

Spector was convicted of second degree murder. The crime carries the a penalty of 15 years to life in prison. In order to prove this crime the prosecution must prove that at the time he shot Ms. Clarkson, he knew the dangers of his actions and then proceeded to handle the gun in a manner that was careless as to human life. The standard of proof is very high. The prosecution must prove this crime beyond a reasonable doubt. That is the highest standard there is in any court.

Published on: April 10, 2009

Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles

by Michael Kraut

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a pre-filing Los Angeles DUI defense attorney who can begin to review the evidence against him and talk to the District Attorney’s Office about alternative charges.

The driver, Andrew Gallo, 22, of San Bernardino ran the red light in the minivan he was driving. according to police sources. This was not Gallo’s first Southern California DUI. Three years ago he was arrested and convicted of driving under the influence. At the time of this accident, Gallo was still on probation for his 2006 San Bernardino DUI. In addition, he was driving on a suspended license. He was caught fleeing on foot 30 minutes after the accident running on the shoulder of the 91 freeway.

The early morning crash happened when Gallo drove through a red light with three times the legal limit of alcohol in his blood. He broadsided the car that Adenhart was in, instantly killing the female driver and one of the passengers. Adenhart and another young man in the car were rushed to the hospital. Adenhart died on the operating table, the lone survivor is in stable condition after undergoing four different surgeries.

The Orange County District Attorney’s Office announced that the 22-year-old Gallo would face three murder counts, one felony count for leaving the scene of an accident involving death or permanent injury, one count of felony DUI with injury, hit and run for leaving the scene of the accident, and a felony count of driving under the influence of alcohol with a blood alcohol level of .08 percent blood causing injury. The total number of years that Gallo can be imprisoned is 55 years to life. California allows for a murder charge to be filed by the prosecution in cases in which the driver drove with conscious disregard of the dangers and someone was killed as a result of an illegal act. This is called a Watson Murder.

Published on: April 8, 2009

Los Angeles Clippers Forward Zach Randolph arrested for DUI in Los Angeles

by Michael Kraut

Los Angeles DUIs seem to be on the increase in the sports world. Zach Randolph of the Los Angeles Clippers was arrested in Southern California after he was observed swerving on the 405 highway. He was released on $5,000.00 bond and will have to appear in court to face charges at a later date. The consequences of his DUI could result in the lose of his job. Most sports franchises have a “moral clause” which allows management to fine or terminate a player for poor choices including a Los Angeles DUI.

While most people don’t have to worry about a morals clause and the potential of loosing a multi-million dollar contract, they do have to worry about loosing their jobs due to a DUI. For that reason it is important to hire a Los Angeles DUI defense attorney as soon there is an arrest for driving under the influence in Southern California.

Modern technology and computers have increased an employer’s ability to locate a DUI conviction. The result can be either an immediate termination or a refusal to hire. Because of those tough job actions, people need to fight their DUI cases more then ever. An excellent DUI defense attorney can make the difference between a conviction, and the prosecution having to dismiss the charges because they cannot prove the case.

Published on: April 3, 2009

Los Angeles DUI arrests are on the rise in Southern California

by Michael Kraut

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a “wet reckless”, the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Published on: April 1, 2009

Hermosa Beach DUI By Fireman Results In Reversal Of Job Loss

by Michael Kraut

A Los Angeles judge allowed a Hermosa firefighter to return to work after he reversed a Civil Service Commission ruling. The judge found that Sheldon Osekowsky, a 22 year veteran firefighter, was improperly fired a Southern California DUI. In 2006 he had been arrested and plead guilty to driving under the influence, a criminal charge. At that time his license was suspended for a year and the Fire Department removed him his position as a driver of fire equipment. After 10 months in a different position at the Hermosa Fire Department, he was summarily fired.

Osekowsky fought the decision all the way through the Los Angeles Civil Service Commission. The Commission ruled against the fireman. It was not clear if the fireman attempted to fight his charges with a Los Angeles or Southern California DUI defense attorney. A well trained Los Angeles DUI attorney can attack the evidence and procedures used by law enforcement. In some cases, fighting the charges can result in a not guilty finding. In many cases,if a person is found not guilty of the DUI charges, he or she will not result in a person loosing their job, pension, driver’s license, and not having to pay the huge fines and fees that are mandated by the courts.

The case was then taken to Superior Court where Judge James Chalfant reversed the Commission’s ruling and reinstated the fireman. The case then went back to the Commission to decide what punishment, short of termination, was going to be imposed. The Commission may impose a 30 day suspension.

Published on: March 31, 2009

Lindsay Lohan’s Los Angeles DUI Arrest Warrant Quashed By The Beverly Hills Judge

by Michael Kraut

The judge in the Lindsay Lohan Southern California DUI case was given incorrect information resulting in an arrest warrant for her arrest. Judge Marsha Revel was not given all of the information when she signed the warrant. The Los Angeles DUI defense attorney immediately went into court and corrected the error.

When a person is arrested and convicted for driving under the influence in Southern California (DUI), they will be placed on probation for a period of between 3 and 5 years. During that time person will need to comply will all of the strict terms and conditions. If there is a violation, then the person could serve up to 6 months in jail. Judges usually do not impose the full amount of jail time until there are so many violations that they give up on the Los Angeles DUI suspect.

Lohan’s DUI problems began back in May, 2007, when she was pulled over and arrested for her second Beverly Hills DUI. Along witht he DUI arrest, she was also charged with cocaine possession. That charge is a felony, but for a first time offender a top notch drug defense attorney will usually be able to get their clients into a formal drug diversion program.