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Month: August 2012

Lohan Wanted For Questioning In Another Theft?!

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Well, the break was short-lived; Lindsay Lohan is back in the crime news again. What did she do this time you might ask? Well, no one is quite sure, but the LAPD are expected to present a case involving watch theft to prosecutors today for their review and consideration on filing criminal charges.

All of this stems from an incident where several watches were stolen from one of Lohan’s friend’s homes earlier this month and it remains unclear what, if any, role Lohan might have had in the theft. LAPD is seeking to speak with Lohan regarding this incident but sources say her attorney has denied that request on behalf of Lohan.

If you or someone you know has either been charged with a theft crime or has been contacted by law enforcement regarding theft, it is important not to say anything to investigators without first speaking to a criminal defense attorney. Attorney Ross Erlich will speak to law enforcement on your behalf and work to protect your rights and ensure that any investigation is conducted properly.

It is also important to keep in mind that theft crimes are crimes of moral turpitude and can negatively impact your job, citizenship status or application or professional license. It is necessary to have a knowledgeable and skillful attorney to prevent convictions for these crimes and to work to get charges dropped or to facilitate a diversion program.

Contact Attorney Ross Erlich if you have been charged with theft in the Airport Court, Beverly Hills, or Downtown Los Angeles. Attorney Ross Erlich offers free consultations to those looking for a Beverly Hills criminal attorney or Airport Court criminal attorney.

Contact criminal defense attorney Ross Erlich (323) 222-4529.

Arrested for Prostitution?

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In California, getting arrested for the act of prostitution or for solicitation of prostitution is a violation of Penal Code section 647(b), a misdemeanor. While the typical punishment for the first offense is minimal county jail time (5-10 days), AIDS testing, counseling and some form of probation for three years, second and third offenses carry more severe, often mandatory, punishments. Prostitution, as used in Penal Code section 647(b), is defined as “any lewd act between persons for money or other consideration.”

Under California Penal Code section647(b), a person is guilty prostitution if the government can prove that a person either 1) solicited an act of prostitution, 2) agreed to engage in prostitution, or 3) actually engaged in prostitution. The Penal Code goes on to state that a person “agrees to engage in prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.” This is important because the person by which an offer or solicitation is made, does not have to have to specific intent to actually commit the act. This language is what allows police and other law enforcement officials to conduct undercover “stings,” whereby actual police officers disguise themselves as prostitutes or potential customers and attempt to arrest citizens for violations of 647(b).

Simply agreeing to engage in an act of prostitution does not, by itself, make a person guilty of a 647(b) violation. As 647(b) states, “no agreement to engage in an act of prostitution shall constitute a violation unless some act, in addition to the agreement, is done in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act.” Thus, simply agreeing to a solicitation or an offer requires an act in furtherance of the agreement. This act in furtherance does not need to be a transaction of money, but can be any minimal act such as meeting at a designated location, removing clothing or exposing oneself.

The punishment for a second offense of Penal Code 647(b) is a mandatory minimum of 45 days in county jail and a third offense requires a mandatory minimum of 90 days in county jail. The same additional terms apply, such as AIDS testing, probationary period and other possible special conditions (not walking in a certain area, not riding in a car within the area arrested in) apply to second and third time offenders.

If you or someone you know has been arrested or cited for solicitation of prostitution or loitering in the Beverly Hills Courthouse, Airport Courthouse or Bauchet Courthouse, contact Attorney Ross Erlich as soon as possible to discuss your options. As discussed above, there are many different possible resolutions to your case that do not involve jail or even a conviction on your criminal record.

Contact Attorney Ross Erlich at (323) 222-4529.

Even Famous People Get DUIs

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Joe Simpson, the father of singer Jessica Simpson, was arrested in Sherman Oaks on August 4 for suspicion of driving under the influence following a stop at a DUI checkpoint.

Just this Tuesday, the Los Angeles City Attorney’s Office filed two misdemeanor counts of driving under the influence of alcohol or drugs or both and for operating a motor vehicle with a .08% Blood Alcohol Level or above. Misdemeanor DUI carries a maximum of 6 months in jail and a $1,000 fine.

If you are arrested for a DUI and your Blood Alcohol Concentration (BAC) is at 0.08% or above, the City Attorney will charge you with the two misdemeanor charges (mentioned above) and you will be facing the possibility of having two misdemeanor convictions. A good criminal defense attorney should be able to, at the very least, get one of those charges dismissed and, depending on what your BAC was, how you were driving and other factors, get your DUI reduced to something non-alcohol related.

If you have been arrested for a DUI and need a criminal attorney in Beverly Hills, the Airport/LAX area or in the Metropolitan Courthouse, contact Attorney Ross Erlich as soon as possible to protect your rights in court and with the DMV. Having an effective Beverly Hills criminal attorney or Airport criminal attorney may mean the difference between jail and probation and having a license or not.

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State Prisons Not On Track To Meet Population Reduction

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California’s State Prisons look like they will not be able to meet the obligation, imposed by a panel of federal judges, to reduce the prison population by approximately 112,000 by June 2013 and could possibly face the prospect of inmate being released early.

In fact, the same federal three judge panel has given the state until this Friday to develop a system for identifying those inmates who are unlikely to reoffend and who would be good candidates for early release.

California’s Prison system has had since May 2011 to comply with a court order that said the prison overcrowding cannot exceed 137.5%. Meanwhile, the state of California intend to ask the court for a cap at 145%.

Now, you might be asking what does all this mean in practical terms? Well, the federal district court has determined that the prison overcrowding, and corresponding decline in health and well-being of inmates, has come too close to being a violation of the Constitution’s protections against cruel and unusual punishment. The court’s effort, through this order, means that many more non-violent, non-serious and lower-level prison inmates are likely to be eligible for earlier release dates.  This also means that many inmates who would normally serve their sentence in state prison will now serve their sentences in the Los Angeles County Jail system and face the early release dates that inmates their are currently experiencing.

If you have been charged with a felony and are facing prison time, it is important to hire an attorney who can negotiate a probationary and other non-custody resolutions to your charges.  With the County’s new “realignment” plan discussed above in effect, you or your family member needs to hire an experienced law office to ensure the best and most appropriate outcome is reached in the case.

If you have been arrested and need an attorney in the Beverly Hills courthouse, the Metropolitan courthouse or the Airport courthouse, contact attorney Ross Erlich at (323) 222-4529.