Menu

Month: July 2018

What Could Be Better Than Diversion? Pre-Plea Diversion.

Posted on by admin

As of January 1, 2018, California courts are offering pre-plea diversion in certain drug cases.  The benefit to this pre-plea diversion, over the more traditional “formal” diversion, is that the defendant never enters a plea and, thus, is never actually convicted of anything.  They can earn a complete dismissal of the charges without suffering a conviction on their record.

Prior to this change, and for about the last 10 years, California offered a diversion called deferred entry of judgement or “DEJ.”  In the older DEJ diversions, the defendant had to plead guilty, sentencing was continued for 18 months, and the defendant would complete a drug-treatment program.  If the defendant successfully completed a drug-treatment program and had no other arrests for the diversion period, the defendant could withdraw his plea of guilt, enter a not-guilty plea and the court would dismiss the case.

There was, and still is in cases not eligible for pre-plea diversion, devastating consequences for some defendants.  First off, the federal government does not recognize diversions as a dismissal.  Thus, for purposes of your FBI criminal background, even if your case was ultimately dismissed after successful completion of DEJ, the federal government still views that as a conviction.  If you are an immigrant who is here illegally, or have limited status in the country, the conviction under federal law means that you are subject to deportation, denial of naturalization or exclusion from re-entry into the country.  Additionally, people who hold certain licenses or security clearances could lose their jobs and/or licenses as a result of this conviction.

All for a minor possession charge.

With the availability of a pre-plea diversion, there is no longer any conviction on your record.  The defendant simply waives his right to a speedy trial for up to two (2) years and the case remains “pending” while the defendant completes a drug-treatment program.  After completing the program, paying court fees and avoiding any new arrests, the case is dismissed and the defendant walks away without any conviction, ever, on his or her record.

If you have been charged with a drug crime, contact attorney Ross Erlich to talk about your rights and options with the court.  You might be eligible for pre-plea diversion, veteran’s court or a mental health diversion.

Ross Erlich handles drug charges in all courts throughout southern California, including the Airport Court, CCB Courthouse, Pasadena Court, Burbank Court, Van Nuys Court and the San Fernando Court.

President Trump’s Hollywood Star Destroyed

Posted on by admin

President Donald Trump’s star on the Hollywood Walk of Fame was destroyed, again, this week by someone with a pick axe.  This is the second time in less than two years that his star was vandalized.

Witnesses observed a man carrying the pick ax break up the star on the pavement.  The suspect then called police himself and advised that he was the one who vandalized the star.  The man was later booked on suspicion of felony vandalism.

In the previous incident, the defendant in that case plead no contest to felony vandalism and was sentenced to three years of probation, 20 days of community service and ordered to pay $4,400 for the damage.

Vandalism laws in California prohibits the maliciously damaging, defacing or destroying someone else’s property, you did not own that property, or owned it with someone else.  If the property’s value is below $400, this will generally result in a misdemeanor charge.  If the damage done is above $400, this will generally result in a felony (“wobbler”) charge.    The penalties for a conviction of misdemeanor vandalism can include up to 1 year in county jail, a fine of up to $1,000 (or more if you have prior convictions), and informal probation.  Keep in mind, however, that other potential penalties can include a suspension of your driver’s license for up to 2 years, mandatory counseling and community service.

While every case, and set of facts, is different, some common defenses to vandalism charges are that the damage was an accident, mistaken identity, damage done was not malicious in nature.  Also, the use of a “civil compromise” is common in vandalism cases and allows for the criminal proceedings against you to be permanently suspended (effectively dismissed).

If you have been charged or are being investigated for a vandalism-related offense, contact attorney Ross Erlich as soon as possible.  There are a number of ways in which to fight your case and attorney Ross Erlich provides a free case consultation.  Oftentimes reaching out to the victim in the case to make sure they are compensated for any out-of-pocket expenses and are “made whole”, greatly helps the case resolve in your favor.

Don’t go at it alone.  Let an experienced and aggressive criminal defense attorney represent your best interests and get you the result you deserve.  Attorney Ross Erlich handles vandalism cases in all Los Angeles county courthouses, Orange county courthouses, and Ventura county courthouses.

MTV’s Teen Mom Star Could Face Jail Time

Posted on by admin

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.

Arrest Made in 4th of July Assault of 91-year-old Man

Posted on by admin

Los Angeles County Sheriff’s detectives made an arrest on Tuesday of a Los Angeles woman who they believe was behind the assault of a 91-year-old man on the 4th of July.  Authorities say that the man might have bumped into a little girl that was walking with the woman, when the woman started shouting racial slurs at the man and allegedly struck the man from behind with a block of cement.  Authorities also state that additional suspects arrived on the scene to join into the assault.

The 91-year-old man blacked out and is recovering from a broken cheekbone and facial bruising.  The suspect is being held on $200,000 bail and will likely be facing many charges, including assault with a deadly weapon causing great bodily injury and battery.

Assault with a deadly weapon is what is called a wobbler in California, meaning the crime can be charged by prosecutors as either a felony or misdemeanor.  This depends on the conduct of the suspect, the extent of injuries, if any, and the other surrounding facts of the incident.  Assault with a deadly weapon is defined as “any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three or four years, or in the county jail for not exceeding one year, or by a fine not exceeding $10,000, or by both fine and imprisonment.”  Additionally, this assault can occur with use of a “deadly weapon” or by means of force likely to produce great bodily injury.

Of course, there are also defenses to assault with a deadly weapon charge, and these are mainly fact-based.  Some examples would be if you did not, in fact, use a weapon, if you were acting in self-defense or you did not act willfully or with the required intent to commit the crime.

If you or someone you know has been charged with assault with a deadly weapon, contact attorney Ross Erlich as soon as possible.  Starting work before your case gets filed by the prosecutor’s office has some tremendous potential benefit.  A truly skilled attorney will know how to work with the district attorney or city attorney’s office to address the evidence, seek out problems of proof with the government’s case, and, when needed, work to obtain a reduction in charges or even a diversion to best protect you or your loved one’s record.

Attorney Ross Erlich only practices criminal defense and has so since he started practicing. He has worked with, and has good relationships with, the prosecutors at the Airport courthouse, Van Nuys courthouse, San Fernando courthouse, Clara Shortridge Foltz (CCB) courthouse, Pasadena courthouse, Burbank courthouse and works throughout Los Angeles county, Orange county and Ventura county.

Call 323-222-4529 for a free case consultation.