01 Jul 2014
The U.S. Supreme Court has ruled that Americans have a constitutional right to privacy in the personal information they carry on smartphones. Thus, police may not search your smartphone without a warrant.
Chief Justice Roberts stated how modern cellphones contain the average American’s privacies of life and are not simply just a piece of technology. Roberts continued by comparing smartphones to cameras, video players, calendars, tape recorders, diaries and the like. All of these items would require a search warrant for law enforcement to search so the same should apply to the smartphone.
Now, law enforcement must convince a magistrate that they have probable cause to believe a crime is involved before they search a suspect’s smartphone and not just during the course of a routine arrest and search.
Prior to this Supreme Court decision, law enforcement agents would routinely search a suspect’s cellphone during an arrest without a warrant under the “search incident to arrest” exception. The Court decided that this was no longer valid, as applied to cellphones, since the “search incident to arrest” exception has been traditionally limited to officer safety and to protect against destruction of evidence.
Law enforcement likes to search cellphones when there is a drug possession arrest, drug transportation arrest or possession for sales arrest in an attempt to find drug transaction text messages and/or contacts. If you have been arrested for those charges, there are likely to be some search and seizure issues involved in your case. For example, was there a search warrant? Was a confidential informant used? Was there a proper arrest? Was type of surveillance, if any, was used?
If you or someone you know has been arrested for drug possession, possession for sales or drug transportation in Los Angeles, Torrance, Pasadena or anywhere else in Southern California, contact attorney Ross Erlich today.
A man and a woman were arrested Thursday in connection with the theft of Miley Cyrus’ Maserati and other valuables taken from her home. The pair were arrested while at a local coffee shop in North Hollywood.
Police seized the pair’s vehicle, which, allegedly, contained valuables and other items that were suspected of being stolen property. LAPD detectives started investigating the pair after receiving numerous tips and leads about the burglary of Miley Cyrus’ residence.
Police recovered the Maserati earlier this week when they found it abandoned on a street in Simi Valley. Jewelry and other valuables were taken from the home, in addition to the Maserati.
The pair were booked on suspicion of residential burglary and bail set at $50,000.
If you or someone you know has been arrested, or is being investigated for, residential burglary or theft in Los Angeles, contact attorney Ross Erlich ASAP. Prosecutors and law enforcement take residential theft crimes very seriously and the penalties for these crimes reflect that seriousness.
As opposed to commercial burglary or petty theft, residential burglary is always a felony and may otherwise be known as first degree burglary. Penalties can include up to 6 years in state prison and is considered a strike under California’s Three Strikes law. For a full definition of California’s Penal Code section 459, click here.
Keep in mind that the facts of the incident often play a very large role in what legal defenses may be available to you or in getting the charges reduced or dismissed. Often times there mistaken identity issues with alleged eyewitnesses, maybe there was a lack of intent to steal, maybe the items belonged to you or maybe you even believed these items were given to you by the rightful owner.
Again, if you are facing burglary, residential burglary or any other theft charge in Los Angeles, Airport Court, CCB, Pasadena Court or East Los Angeles Court, contact our office 24/7 for a free case consultation. Attorney Ross Erlich knows how to resolve theft cases to avoid having a moral turpitude conviction on your permanent record, possibly through a civil compromise. Ross Erlich handles all theft, burglary and robbery charges in Los Angeles, Hollywood, Beverly Hills, West Los Angeles, North Hollywood, East Los Angeles, and all over Southern California.
Law enforcement agencies throughout Los Angeles County made 499 arrests at various DUI checkpoints from Friday through Sunday this past Memorial Day weekend. The final tally is 30 arrests fewer than the same time last year.
This DUI checkpoint campaign was part of a multi-agency collaboration and was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
If you or someone you know has been arrested for DUI or other driving under the influence offenses, contact our office today for a free case consultation and evaluation. Remember that once you are arrested for a DUI, you have 10 days from the date of arrest to contact the DMV before they automatically suspend your license. Also keep in mind that DUI checkpoints have to conform to certain requirements under state law and the failure of law enforcement to meet every requirement can help get your case reduced or even dismissed.
A DUI arrest in Los Angeles can be a serious, and tricky, case to handle. A good defense attorney must keep track of the criminal court and DMV proceedings which are both separate and do not depend on one another. Thus, you might have your case completely dismissed in criminal court and still be facing an administrative proceeding with the DMV seeking to suspend your license. You may also face additional administrative action if you hold a professional license with a California State Licensing Board or any form of professional license.
Being convicted of a DUI in Los Angeles can bring jail time, fines, probation, the suspension of your driver’s license, driving under the influence classes and restitution for any damage caused by the incident. For a more in-depth discussion of the DUI process click here.
If you have been arrested for a DUI in Los Angeles, Hollywood, Downtown LA, the Westside, Santa Monica, Culver City, North Hollywood, Beverly Hills or anywhere in LA County, contact attorney Ross Erlich today.
Two local doctors and six other individuals face charges over their alleged fraud in bilking Medicare out of approximately $32 million. Workers at local medical supply companies have also been involved in the probe.
One doctor is accused of causing more than $24 million in losses to Medicare through fraudulent billing and referrals for medical equipment. These referrals included more than 1,000 expensive power wheelchairs and other home health services which were not medically necessary and, in some cases, rarely provided to patients.
These defendants have been charged with conspiracy to commit health care fraud.
Medicare Fraud Task forces in the Southern California area have resulted in cases against 27 doctors, nurses and other medical professionals and an estimated $260 million in fraudulent billing.
If you, or someone you know, has been arrested for, charged with or is being investigated for crime involving fraud or moral turpitude, contact attorney Ross Erlich as soon as possible. Theft and fraud cases typically involve a restitution order to the victim(s) which, if resolved prior to the case being resolved, can help achieve a better result for the accused. In other words, being able to make the victim(s) whole either prior to charges being filed or right after, can have benefits for the resolution of the case.
You should also know that having a theft, fraud or other moral turpitude conviction on your record can have severe consequences on your ability to keep or find employment. Crimes of moral turpitude are red flags for employers so it is important to have an attorney who is aware of that and works to avoid a theft, fraud or moral turpitude conviction. If you hold a license with the state, such as a doctor, lawyer or nurse, you run a great risk in losing your license through administrative proceedings as a result of being convicted of a crime of moral turpitude.
If you or someone you know is facing a charge of fraud, theft, embezzlement, receiving stolen property, burglary or conspiracy, contact our office today for a free case consultation and to know your options.
A Santa Clarita man was caught with 88 pounds of meth, kicked his way out of a Los Angeles County Sheriff’s patrol car, ran across a freeway and evaded arrest for more than a day before being arrested on Thursday.
The suspect’s car was stopped on Interstate 5 in Santa Clarita Valley when Sheriff’s Deputies discovered the large quantity of meth. After being arrested and placed in the back of the patrol car, the suspect kicked out the rear window and ran across the freeway. He was eventually spotted walking in the area and found hiding in an empty water tank.
If you have been arrested for a drug-related crime, it is important to hire a criminal defense attorney as soon as possible. Having representation at the earliest stage in the case can help prevent damaging statements from being made to law enforcement and, in certain situations, lead to the reduction in charges actually filed or even a dismissal.
If you have been arrested in Los Angeles or the San Fernando Valley for possession for sale of a controlled substance, sale or transportation of a controlled substance or manufacturing drugs and narcotics, contact attorney Ross Erlich today for a free case consultation and evaluation. Keep in mind that many drug-related felonies are punishable by time in the California State Prison system. Attorney Ross Erlich will be able to contact the law enforcement agencies with jurisdiction over your case before your court date and get information about the investigation.
A key tool used by law enforcement in drug-related arrests is the use and reliance on confidential informants, anonymous tips or other questionable sources of probable cause to obtain search warrants. Because of questionable reliability of these sources, there are, often times, the need for criminal defense attorneys to file suppression motions in court attacking the constitutionality of the search based on the lack of probable cause. If theses motions are granted, typically that means that the search, and therefore the drugs, must be suppressed from the prosecutor’s case and this often means a dismissal based on their inability to proceed. These motions must take into account the source of tip or information, the procedures used by law enforcement, how they made an arrest.
There are many other factors to consider when dealing with a drug-related offense and it is important to make sure that law enforcement has done their job correctly and according to the laws on the books. Drug diversion, or treatment options are available alternatives to jail or prison time in the right circumstances and with the right lawyer.
If you have been charged in Los Angeles with drug possession, possession for sale, drug transportation, drug manufacturing or any other drug offense, contact our office 24/7 for a consultation. Drug crimes are heard in the downtown Criminal Courts Building (CCB), Airport Court, Pasadena Court, San Fernando Court, Van Nuys Court and the East Los Angeles Court.
A man was hospitalized with major injuries when he was ejected from his car following a rollover accident that occurred on the 10 freeway. The woman who was driving the other car in the accident was booked into jail on suspicion of DUI.
The man was ejected from the car as it ran up an embankment on the shoulder of the freeway near the Lincoln off-ramp. The woman who was arrested was speeding and “driving erratically”, and lost control when she was trying to avoid hitting another vehicle.
Whenever a DUI-related accident results in injuries, the suspect is booked for felony DUI and the bail is set according to the felony-level charge. Depending on the court that the case goes to, the extent of the victim’s injuries and the facts of the case, the prosecutor may file the case as a misdemeanor or keep it as a felony.
Being charged with a DUI in Los Angeles is a complex and multifaceted case. Not only are there immediate steps to be taken with the DMV, but also criminal court proceedings that are completely separate and unrelated from those with the DMV. If you have been arrested for a DUI in Los Angeles, you must contact the DMV within 10 days from the date of arrest to request an Administrative Per Se (APS) hearing and have a stay placed on the automatic suspension of your driver’s license.
If convicted of a DUI in criminal court, you are facing the possibility of county jail time or Cal Trans work, fines and fees to the court, a drinking and driving program that can range from 3 months to 18 months, probation and the installation of an Ignition Interlock Device (IID) on your car. A step-by-step approach to a DUI arrest can be found by clicking here.
If you or someone you know has been arrested for, or charged with, a DUI in Los Angeles, Santa Monica, Burbank, Airport, Downtown, Hollywood or North Hollywood, it is crucial to contact attorney Ross Erlich within the first 10 days of your arrest. There are many factors to consider in evaluating your case, including, but not limited to, time of chemical test, probable cause to initiate a traffic stop, what was said to you at the time of detention, chemical test results, field sobriety tests, weather conditions, lighting, what you had to eat that day, were you taking medications, when was the last time you slept… The list goes on.
Do yourself a favor and consult with an aggressive and experienced Los Angeles DUI attorney and contact Ross Erlich today.
22 Apr 2014
Former USC and NFL star Keyshawn Johnson was arrested on Monday morning and booked on misdemeanor domestic battery charges. Johnson is currently known for his role as an NFL analyst on ESPN and currently lives in the west San Fernando Valley area.
It was reported that there was a fight between Johnson and his ex-girlfriend which, allegedly, got physical, and caused some kind of cut or other injury to her hand. There were other reports that the argument was over marriage and that Johnson, allegedly, broke or was in the process of trying to throw her cell phone.
Johnson was booked and released on $20,000 bail and will be making his court appearance in the Van Nuys Superior Court sometime in the coming month or so.
If you have been involved in a domestic dispute or have been arrested for domestic violence or domestic battery in Los Angeles, there are some important things for you to consider before you go to court. The prosecutor’s office in Los Angeles, be it the City Attorney or District Attorney, typically have a special unit that handles all “special victims crimes,” which usually include domestic violence. These prosecutors usually proceed with the case even if the victim wants to recant or “drop the charges.” Therefore, it is important to know how to handle these specially assigned cases the right way to avoid having a violent crime conviction on your record. There are also several different penal code sections dealing with incidents surrounding a domestic dispute.
In Los Angeles, misdemeanor domestic violence or domestic battery convictions usually involve either 30 days of county jail, 30 days of Cal Trans work, 3 years of informal probation, a 52-week domestic violence class, victim restitution, fines and fees to the court, possible criminal protective order and the possibility of losing the right to own a firearm. In addition, a domestic violence or domestic battery conviction is a “violent crime” that may make it difficult to keep or find employment.
There may also be immigration issues arising from a conviction for domestic violence or domestic battery in Los Angeles. Most of these domestic violence crimes are classified as crimes of “moral turpitude” and will give rise to deportation proceedings if you are convicted of these charges in court.
All this being said, there are a number of other possible ways to resolve your case that might include a dismissal of the charges, a reduction in the charges, and/or getting the prosecutor to strike some of the other obligations and penalties typically associated with a domestic violence conviction. There is the possibility of resolving the case through a civil compromise or through some kind of diversion. All this will typically depend on the facts of your case, the extent or lack of injuries, prior criminal history and the victim.
If you have been arrested or charged with domestic violence or domestic battery in Los Angeles, East Los Angeles, Airport Court, Pasadena Court or Burbank Court, contact attorney Ross Erlich today for a free case consultation.
A former Glendale councilman who was sentenced to one year in county jail after his guilty pleas to embezzlement, perjury and filing false tax returns will now serve the remainder of his sentence under house arrest.
Because these crimes are classified by the Los Angeles County Sheriff’s Department as nonviolent and nonsexual, the amount of time actually served is almost immediately cut in half. This policy is part of the new realignment guidelines meant to curb inmate overcrowding in the California state prison system.
Mr. Drayman, the defendant, will have to wear an ankle bracelet and be monitored by the Los Angeles County Probation Department.
If you are facing criminal charges for a nonviolent and nonsexual crime, it is important to know what other options are available to you besides serving time in county jail. Electronic monitoring, or “house arrest,” is a common resource used by attorney Ross Erlich to avoid having clients lose their jobs or family. Typically, electronic monitoring is an alternative to actual custody and is available either prior to a conviction as pre-trial release or after a conviction. This means that house arrest usually occurs, in a sentencing capacity, after someone has plead guilty and sent to county jail. Individuals are then screened for eligibility upon their arrival and factors such as prior criminal history, nature of the current charges and personal background are taken into consideration.
There are many options in resolving a theft or fraud case in Los Angeles. Just because you were arrested for, and charged with, a felony, does not mean that you are going to wind up with a felony conviction on your record. Victim restitution can be a large factor in attorney Ross Erlich’s ability to get the charges reduced or even dismissed through a civil compromise with the court. Additionally, convictions for theft, fraud or embezzlement are crimes of “moral turpitude.” These convictions can have severe consequences in terms of keeping or securing employment and protecting any license from the state.
If you have been arrested for, or charged with, fraud, embezzlement or theft in Los Angeles, Glendale, Burbank, Pasadena, Downtown, Santa Monica or Beverly Hills, contact attorney Ross Erlich today to discuss all of your options. Attorney Ross Erlich handles all theft and fraud cases in the Airport Court, CCB Court, Pasadena Court, Glendale court and all other fraud and theft charges throughout Los Angeles County.
The rapper “2 Chainz”, who was arrested last June for possession of a controlled substance, entered a not guilty plea last week in court. The rapper was arrested for possession of codeine after he was removed from a flight at LAX when marijuana and a bottle of promethazine with codeine was found in his checked bag by airport security.
Codeine is a main ingredient used in the cocktail “sizzurp” which has been made famous by many southern rappers in recent time. Sizzurp is a mix of the drug with cough syrup and sometimes also mixed with Sprite.
2 Chainz is facing one felony count and up to three years in prison if convicted and sentenced to the maximum.
Many felony drug possession cases at the Airport court are those where people were possessing drugs in their baggage at LAX. If you have been charged with felony drug possession, possession of codeine or possession of promethazine, it is important to contact attorney Ross Erlich as soon as possible. Under certain circumstances, simple felony drug possession may be something that attorney Ross Erlich can have completely dismissed from your record upon successful completion of the PC 1000 program.
In California, the PC 1000 formal drug diversion program allows those charged with possession of a controlled substance for personal use (without any allegations of violence) to have their criminal proceedings suspended for 18 months while they complete a state-approved drug rehabilitation program that consists of at least 20 hours of education and/or treatment. If the defendant successfully completes this program, and does not pick up any new arrests during the 18 month diversion period, the court will dismiss the felony possession charge.
This diversion program is seen frequently in cases involving possession of cocaine, possession of heroin, possession of ecstasy, possession of methamphetamine and possession of prescription medication.
There are other requirements and factors that are considered, but that is something attorney Ross Erlich can speak to you about during your free case consultation.
If you have been charged with drug possession in the Airport Court, drug possession in CCB, drug possession in Pasadena Court or drug possession anywhere in Los Angeles, contact attorney Ross Erlich today.
Zac Efron and his bodyguard were allegedly involved in an assault and battery with transients in Downtown Los Angeles that resulted in Efron being punched in the mouth.
The incident took place at approximately 2 a.m. when, according to the Los Angeles Police Department’s battery report, police found two homeless men involved in the fight near a freeway entrance.
According to another celebrity news website, LAPD officers said they saw Efron and his bodyguard involved in a “full-blown melee with at least three other people” when they arrived. Efron told police that his car ran out of gas and he and his bodyguard got into the confrontation when a bottle was thrown from his vehicle. The website also reported that the homeless men attacked the bodyguard with a knife and Efron threw a bottle of vodka out of the car to fend off the attack.
No arrests have been made.
If you have been arrested or cited for assault and/or battery in Los Angeles, it is important to contact attorney Ross Erlich for a free case consultation. Being able to start work on the case before your scheduled court date can have tremendous benefits for possible outcomes. Compensating the victim for any damages and out-of-pocket expenses before you walk into court for the first time shows the judge and prosecutor proactiveness and a good attitude towards resolving the matter. This may open the door for a civil compromise to take place and prevent any type of criminal conviction on your record.
Assault and battery charges can mean jail time, fines and fees, anger management classes, restitution to the victim(s) and a violent crime conviction on your record. If you have been involved in an assault and/or battery in Downtown Los Angeles, Hollywood, North Hollywood, Beverly Hills or Santa Monica, contact attorney Ross Erlich 24/7.
Attorney Ross Erlich handles all assault and battery charges in the Airport Court, Criminal Courts Building (CCB), East Los Angeles Court, Burbank Court and Pasadena Court.