17 Jul 2018
MTV’s Teen Mom star Farrah Abraham is facing possible jail time if convicted of the battery and resisting an officer charges filed against her. She is scheduled to be arraigned in the Airport Courthouse on August 13 on those two misdemeanor charges.
The charges stem from an incident in which she allegedly hit a security guard at the Beverly Hills Hotel and then resisted arrest when she was asked to leave the hotel. Officers arrived to the hotel based on a call that Abraham was arguing with hotel guests and had been asked to leave the location by hotel security. The security officer alleged that Abraham struck him in the face with her forearm, grabbed his ear and pushed him in the face as he attempted to prevent her from re-entering the hotel. Beverly Hill Police officers noted that Abraham exhibited signs of intoxication.
If convicted on both counts, Abraham faces up to 18 months in jail.
Attorney Ross Erlich has handled numerous battery and resisting arrest cases. A lot of them are a result of people who are under the influence, out partying, at a club or bar, and simply take things a little too far or don’t follow instructions from law enforcement.
A battery charge is something that takes into account any and all unwanted touching that is done in an offensive way. Thus, someone doesn’t have to beat someone up, break a bone, cause bleeding, etc, to be convicted of a battery. All that is required is some physical contact in an offensive manner. In most cases, the maximum penalty for a batter is up to 6 months in jail and up to a $2,000 fine. If you commit a batter against a peace/police officer, it can be charged as a wobbler (a felony or a misdemeanor).
In order to be charged with resisting arrest, you must resist, delay or otherwise obstruct a law enforcement officer, or emergency personnel, while they are performing, or trying to perform, their official duties. This, as one might imagine, is typically charged when people resist officers putting handcuffs on them, push officers away, and giving a false name to police officers.
While attorney Ross Erlich’s job is to fight to protect your rights and liberty, the best advice to give someone when confronted with security and/or police officers is to be as courteous as possible and follow directions. There is no need to provide any statements or to incriminate yourself, but if asked to leave somewhere or to stop doing a certain activity, cooperation tends to lead to no charges getting filed, or, at least no resisting arrest charges.
If you or someone you know has been charged with battery or resisting arrest in the Airport courthouse, Van Nuys courthouse or the Downtown CCB courthouse, contact attorney Ross Erlich as soon as possible. There might be ways to civilly compromise your case and get charges permanently suspended.
13 Aug 2015
In the wake of continued troubles for the Los Angeles County Jail system, the Board of Supervisors approved a plan that would move at least 1,000 mentally ill offenders out of current lockups and into a new facility focused on treating the mentally ill. This plan begins as the criticism over how the county handles the mentally ill and substance abuse inmates who make up 20% of the total jail population.
This new approach, sought out by, among others, County District Attorney Jackie Lacey, would move mentally ill people out of jail and into treatment programs with the hope of reducing recidivism. The hallmark of this plan would be the new 3,885 bed jail in downtown which would replace the old and troubled Men’s Central Jail. The plan would be to move many of the mentally ill housed in the Twin Towers facility over to this new mental health facility and move those general population inmates in Men’s Central over to Twin Towers. Twin Towers was originally set up to house the general population inmates and not specifically for the mentally ill.
The new jail will take between six to eight years to build and, as opposed to the traditional cells with metal bars lined up in narrow rows, the new living areas will have more open space and be easier for guards to monitor.
Supervisor Sheila Kuehl said her plan for the jail focused on putting more offenders into treatment rather than behind bars.
While this plan just recently won Board of Supervisor approval and is sure to face some obstacles, it signals a shift in local law enforcement priorities to provide treatment for the mentally ill and those with substance abuse problems as opposed to housing them in cells. It is also yet to be seen how getting to this new facility will play out in the court system and whether or not there will be hurdles to clear in order to become “eligible” to serve time in the mental health/substance abuse facility.
If you or someone you know has been arrested, charged with or is being investigation for a crime, contact attorney Ross Erlich as soon as possible. Attorney Ross Erlich has extensive experience representing clients with both mental health and substance abuse problems. This representation usually involves assisting the client in inpatient or outpatient treatment facilities, mental health counseling, self-help resources and pre-filing work done to open the channels of communication between us and the prosecutor’f office before any crime is charged.
Contact our office for a free consultation today.