Domestic Violence is one of the most commonly charged criminal offenses in California. Depending on the seriousness of the injuries inflicted on an alleged victim of domestic violence, a defendant can may charged with misdemeanor domestic violence, or, in cases of serious injuries, of felony domestic violence which may be punished by imprisonment in a California State Prison, potentially for a lengthy sentence. This is particularly true if a jury finds that a defendant inflicted “great bodily injury” on a domestic violence victim.

Domestic Violence in California is in the headlines with a very interesting international twist. Yoshiaki Nagaya, a thirty-two year old officer at Japan’s consulate in San Francisco, has been charged with 14 counts of felony domestic violence against his wife. If found guilty of the charges, Nagaya could face close to twenty years in state prison, depending on when the alleged domestic abuse occurred – for example, over a period of days, months or years – and the seriousness of his wife’s injuries – for example, did she require extensive medical treatment or procedures as a result of her injuries. Nagaya’s bail was set at $350,000, evidencing the severity of the alleged crimes.

According to the San Mateo County District Attorney’s Office, Nagaya’s domestic abuse ranged from pushing and shoving, all the way to violent assaults, including with weapons such as a screw driver, causing serious injuries such as stab wounds and knocking out his wife’s teeth.

Nagaya has entered a not guilty plea to all charges, however, he does not have diplomatic immunity for his alleged crimes because they are private, having no relationship or bearing on his governmental position. Accordingly, Nagaya’s case is proceeding to trial like a typical felony prosecution, with a preliminary hearing scheduled for June 14, 2012. At the preliminary hearing, the judge will determine if there is sufficient evidence that Nagaya committed the crimes for the case to proceed to trial.

Domestic violence crimes are some of the most common criminal charges in Los Angeles. Statistics show that the majority of domestic violence cases involve male defendants and female victims.

In many domestic violence cases, the defendant and the victim reconcile, or the victim does not want to press charges, and the couple wants to know if (1) the charges will be dismissed if the victim does not cooperate with the prosecutor by speaking with the police or testifying in court, and (2) if she will be punished if she does not cooperate with the prosecutor and police.

Will charges be dismissed if the victim does not speak with the police, testify, or otherwise cooperate with prosecutor or police? The answer is “it depends.” In some cases, the prosecutor will not be able to get a conviction without the victim’s testimony. This is typically when there is not a substantial amount of other evidence of the crime, such a defendant’s statements, pictures of injuries and doctor’s reports. If there is other significant evidence of the crime, the prosecutor may chose to go forward even if the victim does not want to cooperate.

On the other hand, when there is little other evidence supporting a domestic violence charge, and the victim does not want to cooperate, the prosecutor may dismiss the case or try to get a conviction on a lesser charge. A lesser charge could be a simple assault or battery not involving domestic violence.

With respect to the second issue, domestic violence victims are often concerned that if they do not cooperate with the prosecutor or police they will be punished. If they receive a subpoena to come to court and they do not, what will happen to them? Can they be put in jail or can criminal charges be filed against them. The answer is no.

In a domestic violence case, as well as some sex crime cases, a judge cannot put a domestic violence victim in jail when she does not want to testify. While the judge could potentially issue fines or order the victim to attend classes, the judge cannot put the victim into custody. This is something that makes domestic violence cases very different than other crimes. “Contempt” by a domestic violence victim cannot be punished by incarceration.

Garret Weinrieb, Esq.
Weinrieb Law Firm

Garret Weinrieb is a Los Angeles domestic violence attorney and the founding partner of the Weinrieb Law Firm, based in Encino, California. The Weinrieb Law Firm represents clients charged with domestic violence, and all other misdemeanor and felony offenses, throughout Los Angeles and the San Fernando Valley. Mr. Weinrieb can be reached at 818.933.6555. Please visit the Weinrieb Law Firm’s website at www.vwattorneys.com for further information on the firm, its attorneys and its criminal defense practice.

In Sacramento, California a police officer — Brandon Mullock — is being investigated regarding his conduct, and last Friday at least 79 individuals were informed that the DUI they received from him will be thrown out due to officer error. It is believed that Officer Mullock falsified at least one piece of evidence which has, ultimately, compromised his credibility.

Sacramento Court District Attorney Jan Scully opened an investigation into Officer Brandon Mullock’s conduct after a deputy district attorney was reviewing dashcam footage for a trial and noticed inconsistencies in what Officer Mullock stated and what appeared in the video. According to Jan Scully’s office, there have been “wild inaccuracies” in Officer Mullock’s field interviews and gathering of evidence.

In California, being charged with a DUI is a serious crime and should be avoided at all costs. And, when an officer of the law tampers with evidence, thus turning the odds against you, it makes the predicament even worse.

Garret Weinrieb and Steve Valerio
Valerio|Weinrieb Criminal Defense Attorneys


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.

los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top los angeles criminal defense attorneys, best la criminal defense law firm, criminal defense lawyer in los angeles

On Wednesday, September 8, 2010, “Snooki” from MTV’s hit show Jersey Shore, plead guilty to disturbing beachgoers during an incident in July on a New Jersey beach. Snooki, who was under the influence of alcohol, stumbled about beach, used profanity and disturbed other beachgoers. A judge sentenced Snooki to perform two days of community service and pay fines exceeding $500. Snooki originally faced charges of disorderly conduct, being a public nuisance and criminally annoying others, which carried a maximum sentence of 30 days in jail and $3,200 in fines.

Had Snooki been convicted in California, she may have been charged with Disturbing the Peace, which punishes: (1) unlawful fighting, (2) unreasonable noise and (3) fighting words. Snooki’s conduct would likely constitute “unreasonable noise,” charged under Penal Code Section 415(2).

California Penal Code 415 punishes the crime commonly referred to as “Disturbing the Peace”. Disturbing the Peace may be charged in cases involving fighting, excessive noise and other public disturbances. Disturbing the Peace may be charged as a misdemeanor or infraction. A charge of Disturbing the Peace is often part of a plea deal – a Defendant agrees to plead guilty to Disturbing the Peace in exchange for the dismissal of a more serious criminal charged. Disturbing the Peace carries a maximum penalty of 90 days in jail and a $400 fine.

To be convicted of “unlawful fighting”, the prosecutor must prove that a person willfully and unlawfully fought or challenged another to a fight, and that the fight or challenge occurred in public. “Willfully” means that the person fought deliberately or on purpose. If a person fights in self-defense or defense of another, that person may have a self-defense defense if (1) the person reasonably believed that they or another were about to suffer bodily harm, (2) the person reasonably believed that force was the only way to protect against the harm, and (3) the person used no more force than reasonably necessary.

To be convicted of “unreasonable noise”, the prosecutor must prove that a person willfully and maliciously caused loud and unreasonable noise that disturbed another person. To maliciously cause loud and unreasonable noise means that the person intentionally does the act with the unlawful intent to annoy or injury another person. “Unreasonable noise” is often charged as an infraction rather than a misdemeanor.

To be convicted of “fighting words”, the prosecutor must prove that a person used offensive words that were inherently likely to provoke an immediate violent reaction, and that those words were spoken in a public place and directed at one or more persons.

Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.






los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top los angeles criminal defense attorneys, best la criminal defense law firm, criminal defense lawyer in los angeles

In a major development in California’s anti-marijuana laws, the California Assembly voted to approve Senate Bill (SB) 1449 which reduces simple possession of less than one ounce of marijuana from a misdemeanor to an infraction. The Bill must now be approved by the Governor to become law.

While the penalty for possession of less than one ounce of marijuana will not change – it remains a maximum $100 fine – the reduction of this offense from a misdemeanor to an infraction essentially decriminalizes possession of less than one ounce of marijuana. This is a critical development in California criminal law.

An infraction is not punishable by imprisonment. Conversely, misdemeanors are generally punishable by a maximum fine of $1000 and/or a county jail term of one year. Persons arrested for a misdemeanor must be arraigned (enter a plea of not guilty, guilty or no-contest) and, unless the charges are dismissed, either settle their case with a plea bargain or take their case to trial.

The passage of SB 1449 will help to lessen the burden on California’s criminal courts clogged with minor marijuana possession cases.

Sincerely,
Garret Weinrieb
Valerio | Weinrieb Criminal Defense Law Firm


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.






los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top los angeles criminal defense attorneys, best la criminal defense law firm, criminal defense lawyer in los angeles

On Thursday, September 9, 2010, Loenel Pelayo, a 45-year-old church pastor from Carson, California, was arrested for allegedly sexually assaulting a 14-year-old girl who was part of a church youth group. The alleged sexual assault allegedly occurred in more than one location, which could greatly increase Pelayo’s punishment if convicted of this criminal offense. If charged with committing a lewd act against a child, Pelayo could be sentenced to state prison for up to 3 years, and possibly more if assaults occurred at more than once location.

California law (California Penal Code section 288) punishes lewd sexual acts committed against children. A lewd act committed against a child, with the intent to sexually arouse either the person committing the lewd act or the child, is a felony. The punishment for committing a lewd act against a child depends upon the act committed (the severity of the lewd conduct), the age of the child (younger or older than 14-years-old), and the age of the perpetrator.

When, as in this case, the alleged lewd act is committed against a child of 14 or 15 years of age (here, the victim was 14), and the alleged perpetrator is at least 10 years older than the child victim, the maximum punishment is a sentence of up to three years in state prison. However, if the same act is committed against a child who is less than 14-years -old, the potential punishment greatly increases due to the younger age of the child. A lewd act committed against a child less than 14-years-old is punishable by up to eight years in state prison.

It should be noted that California Penal Code 288 is only one of several crimes that can be charged in cases of sexual assault against a child. Charges such as rape, statutory rape, and other illegal sex crimes are all chargeable as felonies punishable by imprisonment in a state prison.

Sincerely,
Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.






los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top los angeles criminal defense attorneys, best la criminal defense law firm, criminal defense lawyer in los angeles

It is not difficult to locate a criminal defense attorney in Los Angeles.  A quick online search or peruse through the Yellow Pages will identify hundreds of attorneys practicing criminal law throughout Los Angeles.  While it is not difficult to find a criminal defense attorney, it is difficult and critical to find a highly skilled, knowledgeable and dedicated criminal defense attorney.  Criminal cases are serious matters, and anyone seeking representation from a criminal defense attorney must be sure that their attorney is absolutely qualified to handle their particular case and aggressively represent them.

Three things (among others) one should consider when choosing a criminal defense attorney are:

• Does the attorney have experience handling my type of criminal case – Because there are so many different types of criminal cases, it is essential that your criminal attorney have experience handling your type of case.  For example, if you are charged with burglary and an attorney has never represented a client in a burglary case, you likely want to hire another lawyer.  This is especially important the more serious the alleged criminal offense is.  You would not want a lawyer who handles mostly DUI cases to represent you in a serious felony matter.
• Does the attorney typically handle cases in the courthouse where my case is filed – Each criminal courthouse within Los Angeles County is different – different judges, prosecutors, court staff and courtroom rules and procedures.  It is often highly advantageous if your attorney has strong relationships and a respected reputation within the courthouse in which your case is pending.  Established working relationships can sometimes make an immense difference in a judge’s rulings, negotiating case outcomes, plea deals and preparing for trial.  Make sure that your lawyer is not a “newbie” to the courthouse where your case is being handled.
• Check the attorney’s professional background – Conduct an internet search of your attorney.  See if there are any reviews about his or her reputation or the quality of their representation.  Make sure that your attorney does not have a history of misconduct or state bar complaints.  Research where your attorney attended college and law school.  In short, act like a private investigator to ensure that the attorney you intend to hire has a strong professional background and is qualified to represent you in your criminal case.

The above suggestions are by no means the only things one should consider when deciding to hire a Los Angeles criminal defense attorney.  A criminal case is a serious matter, so take the time to find the right criminal defense attorney for your case to properly represent you and protect your rights.

Sincerely,
Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys


If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at Valerio|Weinrieb. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, through our toll-free number at (877) 7NO-CUFFS (877-766-3833), or through the confidential and secure email form on the firm’s website at www.VWattorneys.com.




los angeles criminal defense law firm, la criminal defense, los angeles criminal lawyer, criminal defense attorneys los angeles, top la criminal defense attorneys, best la criminal defense law firm

People v. Roman Polanski — Oscar winning director Roman Polanski was arrested in Los Angeles in 1977 for unlawful sexual intercourse with a minor.  Mr. Polanski entered into a plea agreement and pled guilty to the charges in exchange for “time served” as a sentence.  The judge, however, rejected the plea agreement and set a hearing to sentence Polanski to additional jail time.  Prior to the sentencing hearing, Polanski fled to France – which refused to extradite him to the United States — and he has never returned.  In September 2009, while in Switzerland for a film festival, the Swiss police arrested Polanski at the request of the U.S. authorities.  The United States formally requested his extradition in October, but the Swiss authorities refused the request and released him.

The victim in the Polanski case is now 45 years old and has publicly forgiven him.  She also filed a formal request that Los Angeles prosecutors drop the charges against him.  The victim stated that the continued publication of the details of the incident are taking an emotional toll on her and her family and that she wants to be able to move on from the incident and stop reliving the details of the assault.  Despite these wishes, the prosecutors are still pursuing Polanski, and intend to arrest and sentence him should he ever come to the United States again.

In many sex crimes and domestic violence cases the victims state that they wish for the charges to be dropped or that they do not want to participate in the prosecution of the case.  While this may affect the prosecutor’s decision to proceed with the case, it is not (as in the Polanski case) the determining factor on whether to proceed with or to drop a case.  

Contrary to popular belief, victims in sex crimes and domestic violence cases do not choose whether to prosecute or drop a case — that decision lies solely with the prosecutor.  Prosecutors represent all of the people of the State of California and the belief is that they have an interest in prosecuting offenders whether the victim cooperates or not.  Additionally, even if a victim refuses to testify, there may be sufficient evidence for the prosecutor to win at trial by using witness statements, the defendant’s statements to police, or other evidence of the crime.

Lindsay Lohan was recently sentenced to 90 days of county jail and 90 days of rehab for violating the terms of her probation related to her plea bargained conviction on two counts of DUI in 2007 (at that time, she also plead “no contest” to one count of reckless driving and two misdemeanor counts of being under the influence of cocaine).  One of the terms of Ms. Lohan’s probation – standard for a California DUI conviction – required that she attend weekly alcohol education classes.  Because Ms. Lohan missed several of her required classes without a valid excuse (after already having asked for a one-year extension from the court to complete the classes), the judge found at a hearing that she had violated the terms of her probation and, as a result, she imposed the 90 day jail/90 day rehab sentence.

Typically, when a person is convicted of DUI as Ms. Lohan was, the judge does not impose the full jail sentence permitted for the offense and instead imposes certain terms of probation and reduced or no jail time.  For example, the maximum sentence permitted for a first DUI is 180 days in county jail; the maximum sentence permitted for a second DUI that occurred within 10 years of the first is 1 year in county jail.

During the probationary period (standard is three years), the person may be required to do certain things and/or may be required to refrain from doing other things.  Common DUI probation terms include attending Alcoholic Anonymous classes; attending an alcohol or drug awareness program; spending a day at the morgue; payment of a fine; and agreeing not to drive with any measurable amount of alcohol in your system.  As of July 1, 2010, anyone convicted of a DUI for the first time in Los Angeles County (and a few others) must also install an Ignition Interlock Device – a small breathalyzer attached to the car ignition that prevents the car from starting if any alcohol is detected in the driver’s blood.

If a person on DUI probation fails to comply exactly with the terms of probation set by the court, the judge will hold a hearing and may impose some or all of the jail sentence that he chose not to impose originally.  So, in Ms. Lohan’s case, because the judge found that she failed to comply with the probation requirement that she attend weekly alcohol classes, the judge sentenced her to 90 days in jail and 90 days of rehab for violating her probation.

Throughout our lives there are some things that will be traumatic and quite possibly done on accident, which we have no control over. In particular, being arrested can be a big headache and, aside from avoiding the issue in the first place (if at all possible), there are a few things you should know about being arrested and what to do if you are.

For one, keep in mind that you do have rights under the Fifth Amendment to the United States Constitution, which is also referred to as your Miranda Rights. Under such rights, you are not required to answer any questions asked by police other than your name and address or to furnish an official identification card. This can be a state ID card, a driver’s license or a passport.

Secondly, you have the right to an attorney and can have him/her present during all questioning. This is not required, but if questions are answered, such should be done in the presence of your attorney. This ensures you, the client, are protected and represented in the best possible light. After all, you have the right to a fair trial, and having an attorney by your side allows for this to occur.

Thirdly, though you are not required to answer questions presented by law enforcement officials, they do have the ability to hold you until your attorney has negotiated your release or your bail amount has been paid. Nobody wants to sit in a jail cell, so be sure you hire an experienced attorney to negotiate on your behalf.

Lastly, if there is one thing I can suggest it’s to relax and take it easy. There is no use stressing yourself out, and being argumentative with law enforcement officials can lead to additional charges and additional problems for you. Simply said, it’s not worth it.

I hope this article has been helpful and good luck with your legal case.