24 Jan / 2014
Justin Bieber was released from a Miami jail on Thursday morning following his arrest for driving under the influence, driving on an expired license and resisting arrest. Law enforcement say they stopped Bieber while he was drag racing down a Miami Beach street in the early morning hours.
Law enforcement stated that they initially pulled him over for speeding down a residential street, but started the DUI investigation after the arresting officer “immediately smelled a strong odor of alcohol” coming from Bieber’s person. At issue is the fact that Bieber’s blood alcohol level only measured 0.014%, and not the 0.04% that was claimed by law enforcement sources. While any blood alcohol level over 0.00% is illegal for someone under 21 years old, there is a big difference between 0.04% and 0.014%. Additionally, the discrepancy between the reported number and actual number is a major issue when it comes down to police officer credibility and whether or not the entire police report is accurate.
Police claim that Bieber admitted to smoking marijuana, taking prescription medication and drinking after being arrested.
In Florida, persons under the age of 21 are considered driving under the influence if they have a blood alcohol concentration of .02% or more, plus an automatic 6 month license suspension.
In California, if you are under 21 years old and your blood alcohol level is above .05%, you are facing a DUI misdemeanor charge and an automatic 1 year license suspension. If your blood alcohol level is below .05%, this charge is an infraction but still carries the automatic 1 year license suspension.
If you or someone you know has been arrested for driving under the influence, it is crucial to contact attorney Ross Erlich as soon as possible. You only have 10 days from the date of arrest to contact the DMV and request a hearing or have your license suspended automatically.
Attorney Ross Erlich handles all DUI DMV and Court proceedings from beginning to end and offers 24/7 availability. Call today for a free DUI consultation and learn what your rights are and what to expect for your case.
13 Jan / 2014
LAPD has arrested a 30-year-old man in connection with a string of residential burglaries after they connected him to a phone number that was used to call the homes before the break-ins.
LAPD investigators are alleging that this suspect broke into 18 homes in the San Fernando Valley, calling them first to make sure that no one was home. In fact, investigators say that they initially started investigating this suspect and found that his phone number was the same one used in calling a previously burglarized home several times prior to the break-in.
The Los Angeles County District Attorney’s office has charged this suspect with 18 counts of residential burglary and he is being held on $500,000 bail.
If you have been charged with residential burglary in Los Angeles, it is crucial that you consult an attorney prior to going to court. Residential burglary is also known as first degree burglary in California and can bring up to 6 years in state prison and a strike under California’s Three Strikes Law. Residential burglary is also the most serious type of burglary in that prosecutors and the law favors punishment for someone breaking into someone’s home or residence and committing a felony therein.
However, there are many defenses to residential burglary that may be relevant to your case and need to be communicated effectively to a prosecutor. Examples may include mistaken identity, lack of intent to commit a felony prior to entering or even that the items you took actually belonged to you.
If you have been charged with burglary in Los Angeles County, contact attorney Ross Erlich for a free in-person case consultation. Our office is available by phone 24/7 and can assist in securing bail bonds.
Attorney Ross Erlich handles all felony and misdemeanor matters in Los Angeles, Hollywood, Santa Monica, Beverly Hills, Downtown LA, Long Beach, East Los Angeles, Culver City and the San Fernando Valley.
Former UFC Champ Tito Ortiz was arrested on Monday morning on suspicion of DUI following a crash on the 405 freeway in West Los Angeles.
According to the California Highway Patrol’s initial investigation, Ortiz was driving on the freeway when he lost control of his vehicle and struck the concrete median. CHP officers responded to the scene after Ortiz has pulled off of the freeway. No one was injured and Ortiz’s vehicle sustained moderate damage.
Being arrested for a DUI causing injury or with a traffic collision is more of a complex case than a straightforward DUI. When there are injuries involved, you may be charged with a felony, there may be jail time involved and the possibility of a large amount of restitution to the victim. A DUI with a traffic accident, in most situations, will not lead to jail time, but will trigger a longer driving under the influence education program, community service or Cal Trans work, and restitution to the victim(s).
Remember, if you have been arrested for a DUI, you or your attorney must contact the DMV within 10 days of the arrest to request an Administrative Per Se hearing. Not doing so can result in the automatic suspension of your driver’s license!
There are many other factors that should be addressed immediately after being arrested for a DUI and one of those is consulting with an experienced DUI lawyer. Attorney Ross Erlich has handled hundreds of DUI cases in Los Angeles, Orange, San Bernardino and Ventura counties. Ross Erlich knows what facts to look for, what procedures law enforcement needs to follow and, most importantly, how to resolve your case in the best possible way. Contact the office of attorney Ross Erlich today for a free DUI consultation and fight for your rights.
31 Dec / 2013
Dodgers star outfielder Yasiel Puig was arrested last Saturday after the Florida Highway Patrol clocked him driving 110 mph in a 70 mph zone. Puig was arrested, taken to the local county jail for processing and likely given a citation to appear.
California Vehicle Code section 23103 (reckless driving) states that any person convicted of this section shall receive county jail for no less than 5 days and no more than 90 and a fine of somewhere between $145 – $1,000, or both.
Reckless driving is a misdemeanor in California and is something that should be treated very seriously. Not only is there the possibility of jail time for a conviction, but also potential impact on your driver’s license or even your employment. There are many factors that are considered by the prosecutor in a reckless driving case. Your rate of speed, whether or not you were swerving, any good cause explanation for the rate of speed, and other factors are highly relevant in getting this charged reduced and avoiding jail.
If you were arrested in Los Angeles for reckless driving, a DUI, hit and run or any other traffic violation in Los Angeles, contact attorney Ross Erlich as soon as possible to prevent your license from being suspended. Remember, taking care of something like this the right way the first time will likely save you headache in the months or years to follow.
26 Dec / 2013
California’s state task force again drunk driving reported an increase in the number of DUI arrests so far this season.
Since Friday, December 13, through midnight this Monday, there were 1,366 arrests of suspected drunk drivers from reported from 100 law enforcement agencies throughout the state. This number is up from the 1,298 arrests made during the same time period in 2012.
The California Highway Patrol has stepped up enforcement during the holiday season and are deploying additional DUI checkpoints through January 1st. LAPD says they concentrate their efforts on Hollywood and North Hollywood, the two areas where DUIs have been a major problem.
If you live in Los Angeles, chances are you realize the problems that this large geographical area has with going out and having a few drinks – someone is going to have to drive. You also probably know that the law enforcement agencies in Los Angeles take driving under the influence seriously and pay extra attention to drivers during the holiday season. That being said, the best way to prevent being arrested for a DUI in Los Angeles would be to get a designated driver or a cab.
If you are pulled over for driving under the influence, cooperate fully with the police officer. Under California’s implied consent law, you are required to submit to a chemical test if the officer has reason to believe you might be operating your vehicle under the influence of alcohol or drugs or both. You can choose between a blood test, a breathalyzer test at the police station, or a urine test at those stations that still offer that option.
The one thing to keep in mind is that you are NOT going to talk your way out of an arrest. Telling the officer “I wasn’t that drunk” or, “I only had a couple beers” is not going to make them have a change of heart and let you go home. You have a right to an attorney before the police question you and I would highly recommend exercising that right before you make any statements.
If you have been arrested for a DUI in Los Angeles, contact attorney Ross Erlich as soon as possible. Ross Erlich handles all types of DUI-related offenses as well as all of the corresponding DMV proceedings. It is crucial for you to contact the DMV or an attorney within 10 days after your arrest before your license is suspended automatically.
If you have questions related to DUI, reckless driving, or driving under the influence in Los Angeles, Hollywood, Beverly Hills, Santa Monica, or North Hollywood, contact our office today.
10 Dec / 2013
5 men were due in court this morning on charges related to the death of a 25-year-old Marine reservist on August 6 after sustaining a head injury during a fight the previous day.
The reservist got into an altercation at the bar the night before and was, allegedly, attacked without provocation after he left the bar with his friends. A dash cam video shows the reservist getting punched, falling and hitting his head on the curb. He was taken to the hospital, where he died of blunt-force trauma to his head.
5 men have been charged with one count each of assault with a deadly weapon, one of whom has also been charged with involuntary manslaughter.
Assault with a deadly weapon is an assault that is committed with any type of deadly weapon or by means of force likely to cause great bodily injury. This aggravated assault and batter is punishable by anywhere from 2 to 4 years in state prison, up to a $10,000 fine and a possible strike on your record. (see detailed assault Penal Code here).
There are many levels of assault in California. Assault with a deadly weapon is, by nature, a “wobbler” which can be charged as either a felony or misdemeanor. Consideration is given to the nature of the incident, the weapon used, the injuries to the victim and the credibility of the victim and aggressor. Because assault with a deadly weapon is a “wobbler”, it is important to contact attorney Ross Erlich as soon as possible so that lines of communication can go up between our office and the District Attorney’s office. It is not uncommon for District Attorneys to speak with defense lawyers before actual charges are filed and work to reduce the severity of the ultimate charges.
If you have been charged with assault and/or battery, it is important to stay calm, contact an attorney and not discuss the matter with law enforcement or anyone else for that matter. Attorney Ross Erlich is available 24 hours a day, 7 days a week for a free consultation.
04 Dec / 2013
A former Los Angeles County Sheriff’s deputy was sentenced to three years probation for driving with more than twice the legal blood alcohol limit, hitting another vehicle, injuring the occupant of that vehicle and then fleeing the scene.
The former deputy will have to wear an alcohol-monitoring device for two years and will have to install an ignition interlock device (IID) on any vehicle that is registered to him.
Michael Grundy, the ex-deputy mentioned above, was driving under the influence of alcohol and another unspecified drug when he hit another car in a South Los Angeles intersection. He was ultimately found by two other deputies, returned to the scene of the crime and arrested by the CHP.
Grundy had already completed a 180-day rehabilitation program at the time of sentencing and was ordered to pay over $25,000 in restitution to the victim in the case. Grundy had previously been arrested for drunk driving in Riverside County in 2005.
Grundy was originally charged with felony DUI causing injury, which is a very serious crime in Los Angeles. Considering there was likely an additional charge of hit-and-run, prosecutors likely sought jail time and a substantial amount of restitution. Many people believe that if you are driving under the influence and get into an accident, the best course of action is to attempt to flee and avoid arrest. The problem with that choice is if you get charged with a separate count of hit-and-run, you are looking at additional punishment, fines and restrictions on your driver’s license.
If you have been charged with a DUI or hit and run in Los Angeles, it is important to contact attorney Ross Erlich as soon as possible. The DMV must be contacted within 10 days of the date of arrest to prevent an automatic suspension of your driver’s license so contact us before it is too late!
A man who shot at, and injured, police officer’s in a hostage standoff last week has been formally charged with multiple counts of attempted murder of a police officer, kidnapping and child abuse.
In total, the man is being charged with 26 felony counts and include the attempted murder of police officers, assault on a police officer with a semiautomatic firearm, kidnapping, child abuse, false imprisonment, possession of a firearm by a felon and making criminal threats. If convicted at trial, this man faces up to life in prison.
Allegedly, Mr. Warsaw, the suspect in this case, took his girlfriend and her child hostage for nearly eight hours. Mr. Warsaw was allegedly seen dragging a screaming woman by her hair outside of a residence. When police officers arrived to the location, shots were fired from inside a room at the house. An Inglewood Police officer was shot once in the chest but was saved by the bulletproof vest.
Ultimately Warsaw was taken into custody and booked into jail on these charges.
Shooting a gun at a police officer might be one of the worst things to do if you are being confronted by law enforcement. Not only are you risking being shot at, you are looking at potential attempted murder and assault with a deadly weapon charges, and these are some of the serious charges around.
The best thing to do if contacted by law enforcement is to cooperate fully, exercise your right to remain silent, and request to speak to your attorney before being questioned. Too many times do I see statements made to law enforcement with the hopes that people can “talk their way out of the situation.” I’ve yet to see someone successfully do so.
If you have been charged with assault with a deadly weapon, kidnapping, child abuse, false imprisonment, possession of a firearm or making criminal threats, contact attorney Ross Erlich as soon as possible and definitely before you make any statements to the authorities. Remember that the first call you make to Attorney Ross Erlich will likely be the smartest call you will ever make.
16 Oct / 2013
4 teenage boys and girls were arrested in a shoplifting incident at a Ralphs market in Costa Mesa that turned violent on Tuesday. Police describe the teenagers as being “uncooperative and hostile.”
When the first police officer arrived to the location, he observed a teenage boy and girl fighting with the Ralphs security employee near a cash register. The police officer separated the girl and put her in handcuffs away from the group. As he was doing so, the other teenage girl crept up behind the officer and attempted to take his gun out of his holster.
Just by chance, an off-duty sheriff’s deputy happened to be shopping in the store and assisted the police officer by restraining this second teenage girl. Another male suspect punched the police officer in the face and then the whole thing turned into a wrestling match. Eventually the police officer’s won and everyone was arrested.
All of the melee was caused when the teenagers allegedly tried to steal liquor from the market.
What started off as simple petty theft charges now leave these teens facing assault and battery on a police officer and resisting arrest charges, in addition to the petty theft.
Do not make the same mistake these teens did and try to either resist arrest or make any statements to security personnel or law enforcement. Many times people believe they can “talk their way out of it” and we are still waiting to see an instance when that has worked. In addition, any statements that you make when trying to talk your way out of an arrest can, and will, be used against you during your court case.
Petty theft charges are charges that can manageable. Oftentimes, depending on whether or not there are prior convictions, attorney Ross Erlich can get the charges reduced, dropped or dismissed after a civil compromise. There also might be the option of a deferred sentence whereby a plea is taken, the defendant takes and completes some theft classes, and comes back to get the charges dismissed.
Remember, petty theft is a misdemeanor here in Los Angeles and is punishable by a maximum of up to 6 months in jail, a $1,000 fine or both.
If you or someone you know has been arrested for petty theft in Los Angeles, Santa Monica, Beverly Hills, Hollywood, or anywhere within Los Angeles County, contact attorney Ross Erlich 24/7 for a free case consultation.
A man suspected of driving the vehicle that struck and killed a man using a walker turned himself into police on Monday afternoon with his attorney.
According to police, the victim was a man in his 40s who was walking on Ventura Boulevard near Gaviota, outside of a crosswalk, in the early morning hours when he was stuck by the suspect’s SUV. Police allege the suspect then fled northbound on Haskell Avenue.
The suspect turned himself into the LAPD’s Valley Traffic Division later in the day with his attorney and was booked and being held on felony hit-and-run charges. His bail was set at $50,000.
If you have been involved in, or arrested for, a hit-and-run in Los Angeles, I would recommend first reading our office’s previous blog detailing what are the first steps to take and how to protect yourself. It is important to know that you are under no obligation to make any statements to the police without having your attorney present. Remembering this fact, and actually following this advice, has helped prevent criminal charges from ever being filed against many of our office’s clients. It is just as important to know that if you are cooperative (through your attorney, of course) with law enforcement, there can be ways to resolve the matter outside of the courtroom.
Felony hit-and-run charges are much more serious. There is the possibility of state prison time, a felony conviction on your criminal record and a significant impact on your California driver’s license.
If you or someone you know has been involved in, or arrested for, a hit-and-run in Los Angeles, Beverly Hills, Torrance, Hollywood, Santa Monica, Culver City, Pasadena or Van Nuys, contact attorney Ross Erlich today for a free consultation and case evaluation. Making a call early in the process just may end up saving you from criminal charges.