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Month: August 2019

Public Intoxication Charges Dropped Against Former LAPD Commander

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You might recall hearing about an LAPD Commander and an LAPD sergeant who were involved in a traffic incident in Glendale in which the Commander was charged with public intoxication and the sergeant, the driver of the vehicle, being arrested and charged with DUI.  In short, Glendale police came across a vehicle that was stopped for some reason, with the driver, the LAPD sergeant, asleep in the driver’s seat, and the commander taken into custody for public intoxication.

The commander was recorded on cell phone being led out of an unmarked LAPD vehicle by several Glendale Police Department officers.

Court records showed that the Los Angeles District Attorney’s office dismissed the public intoxication charges against the commander this week and have not confirm the reason for the dismissal.  The sergeant has pleaded not guilty to DUI charges stemming from the incident.

There has been much discussion already about getting a DUI in Los Angeles in previous blog posts.  If you or someone you know has been arrested for DUI in Los Angeles, contact Los Angeles criminal defense lawyer Ross Erlich today for a free case consultation.

But what about public intoxication?  Many people seem to believe that if you get arrested for public intoxication, the police simply bring you to the local jail to “sleep it off” and you get released the next day.  Well, that is not quite accurate and you could find yourself being released the next day with a misdemeanor citation to appear at a future court date.

Public intoxication is a violation of California Penal Code section 647(f), which states that any person who is found in any public place under the influence of alcohol or drugs, or any combination, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or if being under the influence interferes with or obstructs or prevents the free use of any street, sidewalk or other public way, is guilty of disorderly conduct.

Thus, it is not illegal to be drunk or under the influence in a public place.  It is only illegal if you cannot exercise care for your safety or the safety of others, or, if you interfere or obstruct a street or sidewalk.

Because it is a misdemeanor, the charge is punishable by up to 6 months in jail and/or a $1,000 fine.  Also, the conviction will be recorded on your criminal record and this can create issues for employment and obtaining a professional license with the state of California.

Just because you are charged with public intoxication doesn’t mean that you will be convicted of it.  Depending on your prior criminal record, if any, and what other charges are filed along with the public intoxication, if any, you may be eligible to enter into a diversionary sentence.  This can take the form of a number of different arrangements, including completing a drug treatment program, classes, attending NA or AA classes or some other community service type work in exchange for the charges to be dismissed.

If you or someone you know has been charged with DUI or public intoxication in Los Angeles, Orange county, San Bernardino county or Riverside county, contact Los Angeles criminal defense lawyer Ross Erlich today.

Ross Erlich Featured in LA Times Article

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LAFD spokesman could avoid criminal charges after being accused of using city car to threaten Uber driver

 

Peter Sanders, a civilian employee and chief spokesman for the Los Angeles Fire Department, will go behind closed doors with a hearing officer in October to face accusations he used a city car to stop and threaten an Uber driver at a Trader Joe’s in Studio City.

The diversion program allows suspects to avoid criminal charges and an arrest record if they don’t commit similar conduct for one year.

“The suspect and the alleged victim will each have the opportunity, on separate dates, to speak about the subject incident with a hearing officer,” Rob Wilcox, spokesman for City Attorney Mike Feuer, wrote in a statement. “The suspect will be admonished and informed that their conduct could constitute a crime and that if there is any similar conduct, charges for the original incident may be filed before the expiration of the one-year statute of limitations.”

This year, the office scheduled 4,420 hearings and held 2,841. Wilcox said the office selected the diversion program based on the circumstances and evidence. He declined to comment on the evidence.

Sanders and Fire Chief Ralph Terrazas did not respond to multiple requests for comment. Capt. Erik Scott, another Fire Department spokesman, said an internal investigation is ongoing and declined to comment.

Lou Shapiro, a defense attorney who is not involved in Sanders’ case, said other than an “outright rejection of the case, it’s the best outcome [Sanders] could get” from city attorneys. He said the hearings are usually reserved for “light stuff” and cases with no injuries. But he said prosecutors likely spotted something in the investigation and evidence to merit a hearing.

“They see a cause for concern that they need to address to prevent this from happening again,” Shapiro said.

Ross Erlich, another defense attorney not involved in the case, said the hearings are used in only about 5% of his misdemeanor cases.

“It’s kind of a slap on the wrist,” he said, adding the hearings are not public. “It’s great for the suspect and a tremendous benefit. It is, in theory, available to anybody. It is not very common.”

Read the full article here.

Mental Health In County Jails And California’s Mental Health Diversion Program

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One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.