On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

The rapidly expanding pandemic crisis of COVID-19 has had sweeping effects on everyday life. Due to Center For Disease Control (CDC) recommendations California has taken immediate measures to protect the public by enforcing social distancing and restrictions of gatherings of more than ten (10) people. This has meant immediate actions by the California Supreme Court and the California Superior Courts. Trial and Appeal Courts have moved to cease operations by closing doors and postponing pending matters. In the Los Angeles Superior Court, only critical in-custody matters with substantive pending hearings are being dispositioned. All other matters – trial or otherwise – are being continued by the Court for 30-45 days.

With the CDC recommending drastic changes in American lifestyle to limit the spread of the Coronavirus, it is uncertain if the Courts will resume normal operations in the next 60-90 days. How Does This Affect My Case?

If facing criminal charges, appeal deadlines, or post-conviction relief; you have rights. The right to a speedy trial and appeal are not lost due to national emergencies. As an individual, you must take action to ensure you are continuing your defense. Although physical hearings are being postponed, documentation is still being processed behind-the-scenes. This means prosecutors and investigators are continuing forward with new filings against you. It is important you further your defense via conferences, electronic document submissions, or fax lines made available to your attorney.

What Will Happen To My Pending Appeal?

Court operations may be in chaos; however, legal time to appeal and statutes of limitations remain. Having competent legal representation moving your case forward and monitoring the events on your pending filings will ensure nothing is falling through the cracks. If there is a failure on the Court’s part to respond or properly process, these failures may be brought up to the advantage of your defense. Can My Case Be Hurt Or Helped By Any Of These Events?

The response to the Coronavirus pandemic is in an effort to protect the public’s health. The Courts are enforcing federal recommendations so as to protect their employees. This should not come at the expense of the public’s interests. Cases pending in the judicial system should neither be hurt nor helped by these events. Practically speaking, a postponement of a pending hearing that the Court has not deemed “critical” can have a devastating impact on an individual and waiting for a delayed response on a pending filing can be confusing and frustrating. Your attorney will protect your rights and maintain the necessary communication with all parties. If there is any failure by the Court, your attorney will make sure that your case is not hurt.

What Do I Do Now?

If you are facing new charges, an inmate, friend or relative of a defendant, consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience defending serious cases through to successful early disposition, trial, post-conviction, and appeal outcomes. Contact us now for a Free Consultation.

News reports claim police believe alcohol was a factor in the deadly crash. The driver of the Jeep who crossed the center line was said to be in critical condition at an area hospital at the time of reports.

Driving under the influence, or DUI, is a serious offense in California. However, when someone operates a motor vehicle while under the influence of drugs or alcohol and causes a wreck in which someone sustains injuries or loses his or her life, the situation becomes far more serious. In this case, an individual may be charged with DUI causing injury according to California Vehicle Code 23153 VC. The prosecutor may charge this offense as a misdemeanor or felony; felony charges leave those found guilty facing harsher punishment.

Depending on whether you are charged with California Vehicle Code 23153(a) or 23153(b) which involves driving with a blood alcohol concentration (BAC) of .08% or higher, the penalties may include fines, jail or prison time, driver’s license suspension, probation, the attendance of a court-imposed alcohol program, DUI school, restitution and more.

Should the prosecutor charge you with a misdemeanor DUI with injury, the fine may be as much as $5,000 and jail time may be anywhere from five days to a maximum of one year. However, a third DUI causing injury is charged as a felony and will result in a fine of up to $5,000 and a prison term of between two and four years for those convicted. Additionally, a conviction will result in a 5-year driver’s license revocation and an additional three years in prison if any victim sustained serious or significant bodily injury.

Defending someone charged with DUI causing injury is very similar to defending an individual charged with driving under the influence; whether it can be proven the driver was under the influence of drugs or alcohol and whether the BAC was above the legal limit is critical to the outcome. In the event your BAC is below the legal limit of .08%, you may still be charged if police believe you cannot operate a vehicle safely because of the degree to which you may be impaired either physically or mentally.

Potential defenses include you were not under the influence of alcohol or any substance that could impact your ability to safely operate a vehicle, that you were not acting in a manner that would be considered negligent or breaking any laws, that tests indicating your BAC was .08% or above were inaccurate, or that injuries sustained by a person or persons were not caused by an unlawful act or negligence on your behalf.

All DUI offenses should be taken seriously, whether an accident occurred and someone was injured or not. If you have been charged with any DUI offense the most critical step you can take to protect your legal rights and freedom is to consult with a skilled Los Angeles DUI defense attorney.

There will be many more pedestrians out and about on the streets of Los Angeles as kids go trick-or-treating, which means the risks of an accident increase. Children and teens often don’t pay a lot of attention to their surroundings, and some costumes are difficult to see after dark. A child may dart out from between parked cars on the side of the roadway. It is vital to pay strict attention to the roads, and to avoid any type of distraction whether by a cell phone, eating, or even engaging in conversation with passengers. Most important of all, do not get out on the roadways if you’ve been drinking! The last thing you want to face is a DUI charge, or even worse – an accident that injures someone as a result of impaired driving.

What if you’re attending an adult Halloween party where alcohol will be served? There are lots of options other than getting behind the wheel. If you intend to partake of alcoholic beverages, be sure you have a designated driver. If this isn’t possible, call a taxi to take you home, or spend the night at the host’s home or a nearby hotel that’s within walking distance. Call a friend to come pick you up. There is absolutely no reason to be driving after you’ve had a few drinks, so make plans ahead of time.

Here are a few sobering statistics from the NHTSA (National Highway Traffic Safety Administration): Over a five-year time span (2009 to 2013), 43% of Halloween night traffic fatalities involved an intoxicated or impaired driver. In 2013, more than a quarter of Halloween night pedestrian fatalities were the result of an impaired driver.

Because Halloween falls on a Saturday night and many adults do not have to work the next day, there will likely be more people drinking and driving. Halloween is an exciting and fun-filled holiday for kids and teens, but unfortunately the dangers and risks they face are high. Don’t become part of the statistics – regardless of whether it’s Halloween or any other day of the week, don’t drink and drive.

If you do have an error in judgment and find yourself facing criminal charges involving intoxicated driving, the most important step you can take is to consult with a highly qualified Los Angeles DUI defense attorney immediately. Whether you are the only person involved or you have caused an accident that resulted in property damage, injury, or even death, you must have a lawyer who will protect your legal rights and advocate on your behalf for the best possible result.

The pursuit continued for approximately 25 minutes with the woman reaching speeds of 85 mph in the northbound lanes and continuing onto streets in Palmdale before finally coming to an end near Adela Court just before 1:30 a.m.

Initially, the woman slowed down as the officer attempted to pull her over, however she fled the scene which led to the high-speed chase. Once the chase came to an end, the officer administered a field sobriety test, and took her into custody. News reports do not indicate whether the woman was arrested on suspicion of DUI, reckless driving, or another offense.

Los Angeles DUI attorneys know the serious consequences individuals face if found guilty of driving under the influence of alcohol and/or drugs. Most people who operate a vehicle after consuming alcohol believe they can drive in a sober manner, escaping the attention of police. However, alcohol impairs an individual’s ability to operate a motor vehicle safely, which often results in speeding, weaving in and out of lanes, or even causing an accident. If we were to be honest, there is probably a point in most people’s lives where they have gotten behind the wheel after consuming alcohol, whether after enjoying a ball game at a friend’s home, or having a drink with dinner at a restaurant. Some get caught, while others do not.

Driving under the influence is a criminal offense in Los Angeles and throughout California. This means that those found guilty will have a permanent criminal record, in addition to facing penalties that may include jail time, substantial fines, driver’s license suspension, probation, and more. The penalties become more serious for repeat offenders. A DUI conviction can not only impact your freedom, but career and reputation as well.

If you have been arrested for driving under the influence, consult with a skilled and aggressive LA criminal defense attorney who will review your case to determine how to proceed so that the damage to your life can be minimized.

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.

Generally speaking, law enforcement officials do not freely share this information with an individual who is being tested. Instead, they continue to rely on these tests, putting motorists in a stressful or frightening situation even though they know the test results are not accurate. To make the situation worse, many officers have been found guilty of not properly administering one or even all of the three tests. Since their inception, the field sobriety tests established by the National Transportation Board have been tied to countless improper executions and false arrests. It isn’t only that the tests themselves are unreliable or that law enforcement fail to execute the tests properly – there are many other factors which may affect the outcome. For instance, walking a straight line may not be a simple matter even for a sober person considering his or her attire, weather conditions, medications he/she is taking, even a medical condition itself.

Even the fact that someone who has been pulled over on suspicion of drunk driving is likely nervous and frightened could in itself impact the results of field sobriety tests. After all, how many of us would remain calm and collected enough to pass a walk-and-turn test with flying colors if we were under the scrutiny of a police officer, regardless of whether we were sober or intoxicated?

Now you can consider yourself forewarned about field sobriety tests, and the 25% likelihood you will not pass. If you are ever stopped by police for this reason, be aware that the officer is not likely going to reveal to you the inaccuracies of these tests. Also be aware that you are not required under the law to submit to these tests, although it isn’t likely the officer will inform you of this, either.

What if you have already been arrested for driving under the influence? Regardless of the reason, it is to your benefit to consult with a skilled and capable Los Angeles DUI attorney, who will challenge the methods used to determine you were operating a motor vehicle with a BAC of greater than 0.08%. Even breath and chemical tests have the potential for inaccuracy; equipment malfunction and human error can result in your being arrested for a crime you are innocent of.

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.

Avoiding Driver’s License Suspension. Winning a DMV hearing is nearly unheard of in those individuals arrested for DUI who do not secure the legal guidance and support of an attorney. If you hope to retain your driving privileges, hiring an experienced lawyer is an absolute must.

Positive Results. Why would anyone simply plead guilty and accept the punishment, when the outcome could be much more positive? Certainly not every client who obtains the services of an attorney has the charge dismissed, but there are other “positives” to hiring a lawyer as well, such as saving your driving privilege, avoiding jail time, and having the charge reduced so the damage to your life is minimized.

If you’re still hesitant about whether you should contact a Los Angeles criminal defense attorney to represent your case, most offer a free consultation. Ultimately, you have nothing to lose, and much to gain by learning what may be possible in your situation.

Durand was arrested by Santa Clarita Valley sheriff’s deputies on May 29; according to a news article at Signalscv.com, Durand’s BAC was over .20%, more than double California’s legal limit of 0.08%. After pleading no content to the DUI charge, Durand was ordered to pay $550 in fines, complete an alcohol program, and was sentenced to 3 years of summary probation.

The principal is very lucky to have kept her job, saying in news articles that she was “very grateful.” Officials of the school district said that while they take the conduct of employees very seriously, they stand behind Durand and have confidence in her abilities as the school’s principal.

Durand told The Signal that she had made a mistake she is ashamed of, and has made the decision to turn the DUI incident around for her church, children, and community. She went on to say that, “This is my problem and I’m dealing with it.”

Durand was arrested after crashing her Lexus into a parked vehicle near the intersection of Sierra Highway and Jakes Way, according to Detective Brad Thompson of the Santa Clarita Valley Sheriff’s Station. The accident took place at approximately 7:15 on the evening of May 29. Thompson said that her driving history was clean.

Why was Durand operating a vehicle with a BAC that was 2 1/2 times the legal limit on a weeknight? There are a few unanswered questions we will probably never know the answers to. Regardless of the circumstances, everyone makes mistakes, some of which can be costly in terms of their freedom, reputation, and future.

Los Angeles DUI attorneys know the penalties for driving under the influence are harsh. Offenses involving the consumption of alcohol and/or drugs while operating a motor vehicle are taken very seriously across the nation today, as law makers and organizations such as M.A.D.D. demand harsher punishment for those who operate a vehicle on public roads and highways while in an impaired state.

If you or someone you know has been arrested or charged with DUI or any drunk driving offense, it is critical to take action immediately. Contact an experienced and capable DUI lawyer in Los Angeles who will work to obtain good results in your case.