Los Angeles Criminal Attorney Blog

Some professionals need to report DUI arrests or convictions to licensing boards by law.

The FAA requires pilots to send a Notification Letter within 60 days of any alcohol related conviction or administrative action. A separate Notification Letter is required for each alcohol related event. For example, separate Notification Letters would be required for a driver’s license suspension and a subsequent DUI conviction. Click here to learn more about the FAA’s requirements for alcohol reporting for pilots.

Attorneys are required to self-report felony indictments, felony or misdemeanor charges or convictions, guilty verdicts, guilty pleas and no contest pleas through the California Bar Association.

Upon renewal of a registered nurse license, nurses are required to report if they have been convicted of any crime since the last renewal date. Traffic violations that resulted in fines of over $300 and a traffic ticket must also be reported. Failure to disclose this information could be grounds for disciplinary action.

Any applicant for Coast Guard credentials is required to report all criminal convictions. They also search for driving records, and take all information into account when deciding whether to issue the credentials.

Continue reading " Issues that Arise from a DUI for Certain Professionals " »

Many tourists visit California each year from other states. Some percentage of these tourists inevitably end up receiving a DUI while visiting California. Many think that because they aren’t residents of California, nothing will happen to them as an out of state driver receiving a California DUI.

The procedures surrounding a California DUI are the same for both residents and non-residents of California, except that the California DMV does not have the right to take driver’s licenses issued by another state. Following a DUI arrest, the DMV will hold a hearing, just as it is done for a resident. The non-resident is not required to attend the hearing but can have a California attorney attend in his or her place.

Following the hearing, the DMV may suspend the individual’s driving privileges in California. California will then notify the individual’s state of residence of the California DUI, and that state may take action against the individual’s license. Non-residents of California may be required to fulfill all the requirements to get their California driving privileges restored, even if they never intend to drive in California again. This is because the non-resident may be required to meet those requirements under the law of his or her state to get driving privileges restored. In addition, a DUI in many states will count as a prior offense for the purposes of determining punishment for a California DUI.

Out of state drivers are also required to participate in any criminal proceedings, or to hire a California drunk driving attorney to attend on their behalf.

Are you an out of state driver who was charged with a California DUI? Hire an experienced California driving under the influence attorney to help with your case. A DUI in California can result in both criminal punishments in California as well as a possible loss of driving privileges in your home state. Call the Law Offices of Lawrence Wolf today at 877-390-7373 for a free consultation.

Proposition 19, the California ballot initiative that would legalize marijuana possession and sales in California, is falling behind in popularity in recent polls. Proposition 19 will be on the ballot in November.

According to the Los Angeles Times, a recent poll found that 48 percent of likely voters oppose the initiative, while 44 percent support it. A poll back in May found that likely voters leaned slightly towards supporting the initiative. The law would allow individuals over the age of 21 to possess, grow and transport marijuana, as well as allow counties and cities to tax and regulate marijuana.

Proponents of the initiative claim that it will raise tax revenue while giving the government the chance to regulate marijuana. Opponents argue that Proposition 19 will lead to additional crime and drug addiction. Even if California passes Proposition 19, federal drug laws will still apply to California.

If Proposition 19 passes, it will represent a huge change in the way California deals with marijuana possession. Over the last three decades, California has increased the resources it has devoted to arresting and imprisoning drug offenders. Beginning in the 1990’s, drug possessors became a primary target of law enforcement. Between 1990 and 2008, misdemeanor marijuana possession in California (possession of less than an ounce of marijuana) arrest rates increased by 127 percent, while arrests for virtually all other drug crimes and other serious crimes decreased.

If you have been charged with or are being investigated for a drug crime in California, you need an experienced, dedicated Los Angeles drug crime defense lawyer to advise you of your rights. The attorneys at the Law Offices of Lawrence Wolf have significant experience advising individuals who have been charged with California drug crimes. Call us today at 866-390-7373.

Lonnie Franklin Jr. was arrested in Los Angeles on July 7 on suspicion of being the “Grim Sleeper” killer. In the 1980’s, a series of killings of young black women occurred and then stopped, resuming 14 years later, which inspired the name Grim Sleeper.

Lonnie Franklin was charged with 10 counts of murder, as well as other charges, reports an ABC News article. Franklin was arrested 15 times over the past several decades for burglary, car theft, gun possession and assault. However, he was never entered into California’s DNA database because his crimes were not serious enough.

Despite all his arrests, Franklin’s DNA was never entered into a DNA database. His last conviction occurred one year before all felony convicts in California were required to have their DNA placed in a state database.

Franklin was discovered by authorities using a familial DNA match. In June, the California Department of Justice ran DNA from the case through a database. The database failed to find any matches, but it did find a familial match, which means that a different convicted felon’s DNA showed that he was a brother or a son of the Grim Sleeper killer. Detectives used that information to locate Franklin.

Continue reading " Grim Sleeper Suspect Arrested in Los Angeles " »

There are numerous defenses that can be used in court to defend against a DUI charge, even if a defendant’s BAC was over the legal limit. First of all, the police officer who pulled you over must have a legal reason to do so. If not, the original stop could be challenged and the evidence against you thrown out. Was there a reason to detain you for DUI? If not, the case could be challenged.

Another important point is that field sobriety tests are extremely subjective. Were they performed in accordance with federal guidelines? Many police officers are not experienced in administering the tests properly. Were the proper tests performed?

People who are placed under arrest are required to be advised of their rights, which are known as Miranda rights. If you are not advised of your Miranda rights, the case could be thrown out.

If you took a chemical test, and you were found to have a California blood alcohol content of over .08%, you may assume you do not have a valid defense. However, was the test properly administered? Was the equipment functioning properly at the time of the test? Was the evidence handled in accordance with correct evidentiary procedures? Do you have a medical condition that could affect a breath test? In addition, if you are stopped for a DUI soon after drinking and are given a chemical test 30 minutes or an hour later, your blood alcohol level would be higher than it was when you were originally stopped. This is called a “rising blood alcohol defense”.

There are numerous defenses a skilled DUI attorney in Los Angeles, California can raise, even if your BAC was found to be over the legal limit. If you or someone you know has been charged with a DUI in California, contact a skilled DUI team of attorneys today. Contact the Law Offices of Lawrence Wolf at 877-390-7373 for a free consultation.

Many people who have been charged with a DUI in California consider pleading guilty, especially if they performed poorly on field sobriety tests or failed a chemical test measuring blood alcohol content. They receive a .08 or higher BAC reading and don’t see the point in fighting the charge and instead view the case as a “slam dunk” against them.

However, if you plead guilty, you are losing any right to present a defense in a criminal trial. In addition, a DUI guilty plea in California can have a negative impact on your driving record or any professional license.

Just because you failed a chemical test and had a blood alcohol content of .08 or higher does not mean that you should write-off doing everything possible to have your rights defended. There are many factors to take into account that could result in a potential to plea bargain to a lesser offense or having your case being dismissed. Pleading guilty means losing the opportunity to challenge any problems in the prosecution’s case.

In many cases, a DUI in Los Angeles is an individual’s first criminal charge, and he or she is horrified at the prospect of a criminal record. If you have been charged with a DUI, you should consult a qualified, experienced Los Angeles DUI attorney who can advise you of your rights before making any big decisions on your DUI case. The attorneys at the Law Offices of Lawrence Wolf have represented many defendants in DUI cases and are extremely caring, knowledgeable and experienced with all aspects of DUI cases. We stay up to date on the complex and ever-changing DUI laws. Call us today for a free consultation at 866-390-7373.

In addition to the loss of driving privileges that can result from a DUI, California criminal penalties can be imposed as well. It is a crime to either drive a vehicle in California if you are under the influence of drugs or alcohol, or to operate a vehicle if your blood alcohol content is over .08 percent. You can be charged with a violation of either or both of those crimes if you drive while under the influence of drugs or alcohol.

A DUI in California is typically a misdemeanor. A felony DUI can involve possible jail time. A DUI becomes a felony if it involves injury to another person, it’s the fourth (or higher) DUI conviction in the past 10 years, or if there are prior felony convictions involving drinking while intoxicated. The amount of jail time depends on a lot of factors, including your driving record, your BAC, whether injuries to people or property occurred, and who your judge is.

The penalties involved depend greatly on whether this is your first DUI conviction or a subsequent conviction. A first conviction of a misdemeanor DUI usually results in alcohol education classes, a driver’s licenses suspension, a fine, probation, and / or two days in jail. The penalties go up from there for subsequent DUI convictions within a 10 year period.

No one wants a criminal record. If you have been charged with a DUI, you have rights. You need an experienced California DUI attorney to explore all possible defenses. If you or someone you know has been charged with a DUI, contact the Law Offices of Lawrence Wolf today at 866-390-7373 for a free consultation.

The civil penalties for a DUI in California vary, depending on several factors. Your driver’s license can be suspended or revoked for a certain period of time. If you are older than 21, and you took a blood, breath, or urine test, and the test showed a blood alcohol content (BAC) level of .08% or higher, your license will be suspended. If it is a first offense, your license will be suspended for four months. For a second or subsequent offense within 10 years, your license will be suspended for a year. If you are under 21 and your BAC was .01% or more, your license will be suspended for a year.

According to the Department of Motor Vehicles, if you refused to take a blood, breath or urine test after being requested to do so by a police officer, the first offense will result in a one-year suspension of your license. A second offense within 10 years will require a two year suspension, and a third or subsequent offense will result in a three year suspension.

It is possible to receive a restricted license to travel to and from work and a DUI treatment program. It requires you to show proof of enrollment in a California DUI treatment program, proof of financial responsibility and a fine.

No one wants to have a DUI or a suspended or revoked license on his or her driving record. The aggressive criminal defense attorneys at the Law Offices of Lawrence Wolf can help you in dealing with not only the criminal penalties involved in a DUI, but also the DMV penalties as well. Contact a California DUI attorney today to learn more about protecting your rights by calling 866-390-7373.