Southern California Criminal Lawyer Blog

Field Sobriety Tests – What Los Angeles Motorists Don’t Know, But Should Be Aware Of

September 5, 2013 | by The Justice Firm

Nearly everyone has heard of field sobriety tests, regardless of whether you have been pulled over on suspicion of drunk driving. Even those who have never faced the stress of possibly being arrested for DUI want to avoid field sobriety tests at all costs, simply because they have heard the horror stories and know that it’s possible to be arrested for something you’re not guilty of.

What you may not be aware of is that these tests, administered by police, are subject to highly unreliable results. While no police officer would admit to someone he or she pulled over that the results of these tests are far less reliable than those of other tests such as breath or urine tests, the fact is the results are questionable at best.

The three common tests utilized in Los Angeles and throughout California each have their own inherent flaws; these tests include the one-leg stand test, horizontal gaze nystgamus, and walk-and-turn test. Unless you are in the law enforcement or legal industry yourself or are affiliated with someone who is, you probably have no reason to know that the results these tests yield on a frequent basis are inaccurate at best. Most drivers have no idea that the horizontal gaze nystgamus test is only 77% accurate – and it is the one of the three tests identified as the most reliable! What does this mean for motorists? That if stopped for suspicion of drunk or impaired driving, there is a 1 in 4 chance you will be found to be intoxicated.

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Drug Charges Against Two Former Wake Forest Football Players Dismissed

September 3, 2013 | by The Justice Firm

On Tuesday August 27, former Wake Forest football players Devin Bolling and Duran Lowe had misdemeanor drug charges against them dismissed. The two athletes had been suspended last year after being arrested on drug charges, which violated athletics department policy.

According to a news article at TheTimesNews.com, Lowe pleaded guilty in February to possession of drug paraphernalia, misdemeanor possession of marijuana, and possession of stolen goods. He was initially charged with maintaining a dwelling for controlled substances, a misdemeanor offense, and felony possession with intent to sell and distribute marijuana. Police had received a report regarding possible drug activity in the apartment the two athletes shared. Upon searching the apartment (which the suspects apparently allowed), police discovered digital scales and marijuana.

Los Angeles drug crime attorneys understand that it makes do difference what state you live in; when a young college-age student gets into trouble with the law, it is extremely stressful for both the student and the parents. Teens and young adults make mistakes, as even adults do. It is important to note that not every case involving drugs is vigorously prosecuted, and there are alternatives available in some situations that focus on rehabilitation rather than criminal punishment.

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Shooter Targeting Motorists on Freeway Convicted of Attempted Murder, Other Charges

August 30, 2013 | by The Justice Firm

On Monday August 26, 26-year-old Enrique Ayon was convicted on charges of shooting at an occupied vehicle and premeditated attempted murder in a freeway shooting spree which left one man injured. Ayon allegedly targeted motorists between Del Mar and National City, also striking two vehicles in addition to injuring one victim; one of the vehicles was an ambulance, according to news reports at CBS8.com.

The jury deliberated for 2 1/2 days before reaching a verdict. Ayon was convicted of vandalism, misdemeanor hit-and-run, three counts of shooting at an occupied vehicle, and two counts of attempted murder. A mistrial was declared by Judge Joan Weber on one count of discharging a firearm and a third attempted murder charge when jurors were deadlocked 11-1 for guilt. On Tuesday, prosecutors were to attend a hearing to determine whether they would attempt to retry those charges.

Ayon is scheduled to be sentenced on October 25; he faces potential life in prison.

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Charged with Domestic Violence in Los Angeles? Answers to Top Questions

August 29, 2013 | by The Justice Firm

As highly regarded Los Angeles domestic violence defense attorneys, we know how stressful it is for clients charged with this offense. Will you be arrested if your partner/spouse asked police not to? Can the alleged victim drop the charge against you if he/she changes his or her mind? Those in a relationship often have arguments and disagreements – it’s just our nature as humans. However, sometimes things escalate, particularly if alcohol or drugs are involved. Regardless of whether it was an altercation involving alcohol or not, no doubt you have questions.

Here are a few of the most commonly asked questions by both the accused and the alleged victim in a domestic violence case:

Can an alleged victim decide to drop the charge? No. Frequently, those who call the police and allege domestic violence see things in a different light the next day and regret their actions. You may decide you want to drop the charge or take back your accusations. The thing is, now it’s in the hands of police and prosecutors – and if the prosecutor believes he/she has a solid case, charges will be filed.

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San Diego Businessman Pleads Guilty to Defrauding Investors of Over $2 Million

August 29, 2013 | by The Justice Firm

On Tuesday August 20, 44-year-old Douglas Ellingson pleaded guilty to defrauding investors of over $2 million, according to the Courthouse News Service. Ellingson, along with two other individuals, James Pantazelos and William Ison, allegedly conspired to defraud investors through Olathe Mining Co., a business owned by Ison, according to the U.S. Attorney’s Office.

Authorities claim Ellingson enticed potential clients to invest in the company by lying about Ison’s background, among other things. Because of his actions, investors became the victims of fraud. Ellingson and Ison allegedly told potential investors that Ison contributed more than a “trillion” dollars to a variety of humanitarian causes, and was the head of a large non-profit foundation that contributed this money. Essentially, Ellingson and his co-defendants enticed potential clients to hand over their money by making promises that charitable causes would be supported by the profits.

In February, Pantazelos was ordered to pay $3.3 million in restitution; he was also sentenced to 19 1/2 years in federal prison. Ellingson will be sentenced to up to five years in federal prison for wire fraud conspiracy in late October according to a statement from the U.S. Attorney’s Office.

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When Charged with a Crime in Los Angeles, is it Favorable if the Offense is Considered a Wobbler?

August 28, 2013 | by The Justice Firm

In California, certain offenses are considered a “wobbler.” This simply means that there are criminal code sections which make it possible for a prosecutor to charge and individual with an infraction or misdemeanor offense, or a misdemeanor or felony offense. A felony charge is the most serious, incurring the harshest penalties for those convicted. If your charge is under a wobbler, could it be good news? We’ll discuss it below.

How does a prosecutor determine whether to charge the client with a misdemeanor or felony?

In wobbler cases, the prosecutor will determine whether to charge you with a misdemeanor or felony based on your criminal history, the specific details in your case, and other factors. For example, if the crime is considered violent or severe, it’s likely the prosecutor will feel the crime deserves harsh punishment. However, if it is a first offense and mitigating facts exist that would eliminate or lessen your responsibility in the crime, he/she may decide to charge you with a misdemeanor.

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Defending Your Personal Property in Los Angeles and Throughout California

August 26, 2013 | by The Justice Firm

People all over the U.S. have been digging into the self-defense laws in their own states following the trial and verdict in the George Zimmerman case. The thing most people are curious about is what it actually means to “stand your ground,” and when it’s legal to defense themselves. We want to talk about defending your own personal property, and what you can or cannot do if you were to stumble upon someone robbing your home or garage of property.

Above all else, always use common sense and consider your own and your family’s safety before doing anything rash – particularly if the offender is armed with a knife, gun, or anything that may be used as a weapon. When your safety or life is threatened, comply with the offender’s demands and immediately call the police.

Now onto the laws in California regarding protecting your personal property. As highly experienced Los Angeles criminal defense attorneys, we want potential victims of property theft to know what your rights are.

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3 Compelling Reasons to Hire a Los Angeles DUI Attorney

August 26, 2013 | by The Justice Firm

When you have been arrested and charged with driving under the influence, you may think it a waste of money to hire a Los Angeles DUI attorney – particularly if you have consumed alcohol and were operating a vehicle. As a lawyer, it’s amazing to watch the number of people charged with DUI in arraignment court who plead guilty after the judge has advised them of sentencing. What’s even more amazing is that most never consider having their case analyzed by a capable DUI lawyer – or even review their reports. Essentially, pleading guilty is the same thing as being convicted by a jury; the accused pays the price in terms of fines, driver’s license suspension, potential jail time, and more, when much of this could have been avoided had he or she consulted with an attorney who is skilled and knowledgeable in the area of DUI.

There are a number of benefits when you choose to hire a Los Angeles DUI lawyer; if you want to avoid a criminal record and potential damage to your career/job, it’s really a must. What are the three most important reasons to hire an attorney when charged with driving under the influence?

Effective Defense Against DUI Charges. Theses types of cases are highly technical, and therefore require the expertise of a seasoned attorney. BAC (blood alcohol content) levels are determined via chemical tests including blood, breath, or urine. Machines used to administer these tests are prone to produce inaccurate results if not properly calibrated. DUI matters are fact specific; an attorney who focuses in this area possesses extensive knowledge of these facts, and knows how to identify potential weaknesses which assist in building a strong and effective defense.

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Accused of a Crime in Los Angeles County? Guidance from a Trusted Criminal Defense Attorney

August 23, 2013 | by The Justice Firm

When you are accused of a criminal offense in Los Angeles or nearby counties of Orange, Riverside, Ventura, or San Bernardino, it’s important you take certain steps to ensure you’re doing all possible to obtain positive results. Here are a few steps our Los Angeles criminal defense attorneys recommend you take:

Act immediately to secure legal representation. Do not put it off, as hiring the right lawyer is possibly the most important step you will take in protecting your legal rights, career, and freedom. Consider such factors as the attorney’s level of experience, focus of his/her legal practice, and whether the attorney seems to be solidly in agreement with your goals.
Refrain from speaking with law enforcement or making statements. It’s human nature to want to defend yourself, however it’s important you don’t when it comes to law enforcement. Do not speak with the California Highway Patrol, Los Angeles Police Department, loss prevention officers – anyone – without first speaking to your lawyer. It is best to let your attorney speak for you, as he/she knows how to speak without putting your future and freedom at further risk by making statements which you may not realize yourself are incriminating.

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30-year-old Honolulu Highway Shooter Gets 3 Consecutive Life Sentences

August 22, 2013 | by The Justice Firm

Toby Stangel, a 30-year-old man who suffered mental issues for most of his adult life according to his defense attorney, John Schum, was sentenced on Wednesday August 14 to three consecutive life terms in prison in connection with the murder of one motorist and attempted murder of two others. According to the Huffington Post, Stangel had turned Honolulu highways into “killing zones.”

In May, Stangel was found guilty of second-degree murder along with other charges which were not revealed. However, he was charged with one count of first-degree attempted murder, but jurors found him not guilty on the charge. Stangel was found guilty of the murder of Tammy Nguyen, who he allegedly shot at an intersection in Honolulu in June of 2011. Nguyen was driving a minivan as her 16-year-old daughter, one of ten children, witnessed the murder.

After shooting Nguyen, Stangel was driving along the H-1 Freeway when he shot at two other motorists who were injured. He continued to drive on and came upon two police officers who were giving tickets to motorists who had been racing, and fired at the officers. The news article does not reveal the extent of the injuries suffered by the two motorists.

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