September 2013 - Ross Erlich Law

Lamar Odom’s DUI Arraignment Postponed In Van Nuys Court

Posted on September 30, 2013February 28, 2024 by admin

Lamar Odom’s DUI arraignment was postponed for approximately two weeks after a judge granted his lawyer’s request for this continuance in the Van Nuys Superior Court’s misdemeanor traffic arraignment courtroom last Friday morning.

Odom is being charged with driving under the influence of alcohol, or drugs, or both (California Vehicle Code section 23152(a)), and was being represented in court by his attorney without being personally present.

Odom was arrested in the early morning hours on August 30 after law enforcement allegedly saw his car swerving across lanes on the 101 freeway. He was also, allegedly, driving at only approximately 50 mph on the freeway, a 65 mph zone. Officers allege that Odom failed to pull over for approximately 1 mile and failed several field sobriety tests at the location of arrest.

Once at the station, Odom refused to take any of the state-required blood alcohol tests (breath, urine or blood) and this caused an automatic 1 year suspension of his driver’s license from the DMV. This suspension takes place immediately and stays in place regardless of the outcome of his criminal DUI case.

If you have been arrested for a DUI and charged with refusing a chemical test, it is crucial that you contact an attorney and have that attorney contact the DMV within 10 days of your arrest to request a hearing. This administrative hearing will address the issues of whether or not law enforcement had reason to suspect you were driving under the influence, whether you were lawfully arrested, if you were properly advised that your license would be revoked or suspended for 1 year and if you willfully refused a test after all was said and done.

In court, a DUI refusal may lead to increased penalties should you plead guilty or get convicted at trial. The prosecution will be seeking some form of jail time (minimum of 48 hours), a 9-month drinking and driving program and other possible additional penalties.

If you have been arrested and charged with a DUI in Los Angeles, Metro Court, Airport Court, Pasadena Court, Burbank Court or East Los Angeles Court, contact attorney Ross Erlich now for a free consultation. Attorney Ross Erlich is available 24/7 and will evaluate your case and present you with your options right up front.

Plea Bargains A Strong Possibility In Northridge Teen Kidnapping Case

Posted on September 26, 2013February 28, 2024 by admin

The two men who were arrested in connection with the kidnapping of a 10-year-old Northridge girl in March may be close to striking plea bargains and avoiding trial, a San Fernando Superior Court judge said.

This was a case that garnished lots of media attention due to the fact that these two men allegedly kidnapped this girl from her bedroom, sexually assaulted her at multiple locations, then dropped her off at a hospital later in the day. One of the men then fled to Mexico and was apprehended nearly a month later at a drug rehab center.

A preliminary hearing was set for this past Monday where the prosecutors would have to lay out their case against the two men and show that there is enough probable cause to believe that a crime was committed and enough probable cause to believe that this person was the one who committed this crime. This hearing was postponed as there was talk of negotiated plea bargain deals for both men.

Plea bargains can be a valuable resource for people charged with crimes of every caliber. For smaller, less serious offenses, a plea bargain can be a way to avoid jail and excessive fines. For more serious offenses, plea bargains can be a way for someone to avoid the death penalty, life without parole or excessive state prison time.

If you have been charged with a crime, a plea bargain may be an attractive option. The reason being, if you choose to go to a trial and are convicted, you are then sentenced by a judge who has total discretion to sentence you to anything from probation to the maximum punishment by law. The uncertainty of being sentenced by a judge can sometimes make a plea bargain a better hedged bet. When you enter into a plea deal with the prosecutor, you know exactly what your sentence is, fines, probation, classes and the like. You know what to expect and what preparations need to be made ahead of time.

If you have questions about a plea bargain or going to trial for any crime in Los Angeles, Hollywood, Culver City, Santa Monica, Beverly Hills, Pasadena or Burbank, contact attorney Ross Erlich to discuss your options free of charge. You should know what choices you have and what the potential implications of those decisions may be.

LAPD Getting Tougher On Hit-And-Runs

Posted on September 20, 2013February 28, 2024 by admin

Los Angeles city officials, in partnership with the LAPD, have agreed to take a tougher stance on how it treats hit-and-runs in Los Angeles, including extending the statute of limitations on the more serious offenses.

LAPD estimates that there are approximately 20,000 hit-and-run incidents in the city each year and many of these involve property damage and even injury. The city of LA will begin seeking revocation of driver’s licenses for the person involved and the forfeiture of their vehicles. In addition to that, a new California state law extended the statute of limitations on hit-and-run incidents to six years.

You might be asking what all of this means to you. Well, first and foremost, it means that law enforcement and prosecutor’s will be taking hit-and-run charges more seriously and will be enforcing the law in a stricter fashion. Keep in mind that the city is seeking to revoke driver’s licenses and vehicles for those involved in these incidents, which are stiffer penalties then what we see now in Los Angeles.

If you were involved in a hit-and-run in Los Angeles, Hollywood, North Hollywood, Burbank, Pasadena, Santa Monica or Culver City, contact attorney Ross Erlich before you make any statements to law enforcement and know your rights. Our office has had many successes in protecting our client’s criminal records, driver’s licenses and preventing jail time for hit-and-runs all over Los Angeles and Southern California. Oftentimes we are able to enter into a civil compromise with the victim and get the criminal hit-and-run charge dismissed from your record.

If you have been charged with a hit-and-run and are wondering what to do next, contact Attorney Ross Erlich 24/7 for a free case consultation.

DUI And Felony Manslaughter Arrest In O.C. Crash That Killed 1

Posted on September 10, 2013February 28, 2024 by admin

A 19-year-old from Irvine has been arrested on felony manslaughter and DUI charges after a car crash that killed a 16-year-old girl and injured 6 others.

The incident occurred at approximately 1:30 a.m. when 2 cars were travelling over 70 mph on a canyon road. The driver of the front car stopped abruptly in an attempt to avoid hitting a deer. The suspect, in the car behind the front one, also slammed on his brakes but lost control of the vehicle when it slammed into a tree. One of the passengers in the suspect’s car was ejected and died from her injuries.

If you were operating a motor vehicle while intoxicated and one of your passengers dies as a result of an accident that a prosecutor believes is your fault, you may be charged with felony vehicular manslaughter. This offense is a “wobbler” meaning that, depending on the facts of your case and prior criminal history, the prosecutor may charge it as either a felony or a misdemeanor. It is important to note that, if charged as a misdemeanor, the maximum punishment is up to 1 year in county jail and a $1,000 fine. If charged as a felony, you are facing 16 months, 2 or 4 years in state prison.

There are many relevant facts that go into this type of criminal charge. For example, it is important to determine the level of intoxication, the blood alcohol concentration, the weather conditions at the time of the accident, the other driver’s conduct, the road conditions and other factors that may have contributed directly to causing the accident. Keep in mind that the prosecutor needs to establish that you were driving under the influence, that you negligently committed an unlawful act and that negligence caused the death of another person.

If you have been involved in a motor vehicle accident where someone has been seriously hurt or died as a result, it is important to contact an attorney before making statements to law enforcement. Having an attorney on your side speak to the prosecutor’s office prior to charges being filed may lead to lesser charges getting filed or the possibility of settling some issues outside of court.

If you have been arrested for a DUI or vehicular manslaughter in Beverly Hills, Hollywood, Los Angeles, Culver City, Santa Monica or North Hollywood, contact attorney Ross Erlich before you make any other calls.