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Happiest Place On Earth?

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A middle-aged man who held himself out to be “Stephen Disney”, but who instead was only Stephen Urquidez, was arrested on Wednesday for stealing Disneyland passes in a felony burglary and possession of fake identification case.  Mr. Urquidez allegedly had a fake driver’s license with the name “Stephen Disney” as well as false tax forms showing income from the Walt Disney Corporation.

This who scam was unraveled when Urquidez gave Disneyland passes to a friend to donate for a charity raffle.  The raffle winner then took the passes to Disneyland where they would not work and Los Angeles County Sheriff’s Deputies were contacted and started their investigation.  The investigation ultimately found that Urquidez had allegedly stolen the passes from a store and that he had no affiliation with the Disney family or corporation in any capacity.

Urquidez was subsequently arrested on felony burglary and felony possession of a forged driver’s license charges.

Attorney Ross Erlich handles felony burglary and identity theft charges all over Southern California.  Please see the Practice Areas page of the site for more information.  Because theft charges are considered crimes of moral turpitude, they are charges that should be taken very seriously.  Having a moral turpitude conviction on your criminal record is something that employers tend to frown upon and can make keeping or obtaining a job difficult.  If you have been charged with petty theft, burglary, robbery, identity theft or any other theft crime in Downtown Los Angeles, CCB, Van Nuys, Airport Court, Burbank Court, Hollywood, North Hollywood, Sherman Oaks or the Westside, contact attorney Ross Erlich before it’s too late.

Immigration Prosecutions Account For Nearly Half Federal Caseload; Immigration Reform Approaching

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The sweeping bipartisan plan to reform the country’s immigration system passed the Senate subcommittee drafting it on Tuesday and is now headed to the Senate floor for a vote.  This move sets the stage for what most likely will be a major debate on the Senate floor next month over the details and policies of comprehensive immigration reform.

The main focus of this legislation is the 13-year path to citizenship for the nearly 11 million people in this country without any legal status.  This part of the bill remained intact while more conservative amendments were added to help pass the committee, such as tougher border security measures.

The bill provides for a pathway to citizenship for people who came into this country illegally or overstayed visas as long as they entered before December 2011.  Applicants must get provisional status, show viable income, pay back taxes, fees, fines and learn English.  After 10 years of this, they can gain permanent legal status and apply for U.S. citizenship in 13 years.  This process is cut in half for agricultural workers who commit to jobs in the fields and adults who were brought to this country as minors but serve in the military or attend college.

This is only the first hurdle in the passage of immigration reform and we are yet to see what changes or other modifications are made or proposed in the full Senate hearings and if/when it gets to the House floor.

In related news, immigration-related offenses are now the leading type of federal prosecution, accounting for more than 40% of the cases on the federal docket.  The majority of these prosecutions consist of illegal reentry arrests which occur when someone is caught attempting to cross the border illegally after they have been deported on a prior crossing.

Until about 10 years ago, most people prosecuted for immigration violations had criminal convictions for violent crimes of firearms offenses.  The federal government has increasingly prosecuted those people now with either minor criminal histories or no criminal history at all.  The result of this is that a misdemeanor conviction for illegal entry is now enough to land someone felony charges if they are caught trying to reenter the country on another occasion.

Illegal entry is a misdemeanor punishable by up to six months in prison.  Illegal reentry has a maximum sentence of two years with the possibility of additional custody time depending on prior criminal convictions.

You might be asking what all of this means to you.  If you or someone that you know is currently facing deportation proceedings, illegal entry or reentry proceedings, removal proceedings or naturalization issues, it is important that you have an experienced attorney handle these matters for you.  Not having an attorney who knows the correct procedure and strategy may not only hurt your current case results but may also prevent you from acquiring legal status down the line.  Contact attorney Ross Erlich today if you have any immigration-related questions or are currently involved in immigration proceedings/prosecution for a free consultation.  Attorney Ross Erlich serves Orange county, Los Angeles county, Ventura county and Downtown Los Angeles, Koreatown, North Hollywood, Hollywood, Burbank, San Fernando Valley and Pasadena.

Could It Become Easier To Get Arrested For DUI?

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The National Transportation Safety Board (NTSB) recommended at their hearing today in Washington that states lower the definition of drunk driving from a blood alcohol concentration of .08% to .05%.  The NTSB claims that the risk of a crash while driving at a .05% is half of what the risk is at .08%.

One immediate problem with this proposal is that Mothers Against Drunk Driving (MADD) and the U.S. National Highway Traffic Safety Administration (2 groups that are strand advocates against drunk driving) are not pushing states to make this change to .05%.  The main reason for this, they say, is that lowering the legal limit does not address the underlying issue of someone’s decision to drive a vehicle while impaired and that it will do nothing to combat the driver who gets behind the wheel regardless of the amount of drinks they have consumed.

So, what is the real difference between .08% blood alcohol concentration and .05%?  According to a study prepared by Johns Hopkins University, the difference is 1 to 2 mixed drinks, glasses of wine or 12-ounce beers over three hours, depending on body size and gender.  For example, a 180-pound man could consume 4 drinks in 3 hours before reaching .05% and a 140-pound woman could have 3 drinks in the same time period.  Thus, be prepared to make your “cut-off” 1 to 2 drinks earlier than you have been.

Many highway safety groups and anti-drunk driving groups have been advocating for increased “passive detection” of alcohol impairment as well as automatic ways to prevent driving.  For example, many popular ideas among these groups are increased use of passive alcohol-sensing machines which can detect alcohol on a driver’s breath during a traffic stop without requiring the driver to blow into the machine.  Another popular idea is expanding what is not law in some states after a DUI conviction, that being an Ignition Interlock Device which requires a driver to blow into a machine before their car can start.

It is not yet clear whether or not this proposal will gain traction or whether or not it has the strength to actually become law, but it does signal the fact that advocacy groups and the government takes driving under the influence and DUI-related accidents very seriously.  DUIs can be very costly, embarrassing, time-consuming and possibly detrimental to your job or reputation.

Attorney Ross Erlich handles all aspects of DUIs and DMV proceedings in Los Angeles, Ventura and Orange Counties.  If you have a DUI in Metro Court, Burbank Court, Airport Court or East Los Angeles Court, contact attorney Ross Erlich today.  Remember that you have 10 days after the arrest to request a hearing from the DMV or you will face a license suspension without getting a chance to make your case!

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O.J. Has One Final Play

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Well, O.J. Simpson is back in the news again.  Simpson is headed back to court today in Nevada for what will most likely be his final shot at freedom and an overturning of his armed robbery and kidnapping conviction.  Simpson will be asking the judge to overturn that 2008 conviction on the basis that his attorney’s representation was so poor that his conviction should be reversed and a new trial be granted.

Simpson’s motion for a new trial alleges that his trial attorney never informed him that prosecutors had offered him a plea bargain and that the same lawyer advised him he was acting legally when he attempted to sports memorabilia heist that lead to this conviction and sentence.  If you recall, Simpson took part in an armed robbery and kidnapping that was, according to Simpson, an attempt to recover sports memorabilia that he was entitled to.

The duty of your defense attorney is to zealously advocate for your best interests and to communicate any plea bargain offers that are made by the prosecutor.  Regardless of whether or not your attorney thinks the offer is reasonable or not, he or she must communicate it to you.  Remember, you are the client and the only person who can make a decision to accept or reject a plea deal, not your lawyer.  If what Mr. Simpson is alleging is true, his attorney violated a crucial ethical rule and something that is of utmost importance in a criminal case.

Both kidnapping and robbery, armed or not, are very serious felony charges and when there are convictions for both in the same case, you can be looking at very serious time in state prison.  Here, Simpson was sentenced to a maximum of 33 years in prison, making him eligible for parole when he’s 70 years old.

If you have been arrested, or are being investigated for, kidnapping or robbery or any other serious felony, it is crucial that you contact a defense attorney as soon as possible.  Attorney Ross Erlich handles kidnapping and robbery charges in the Airport Court, CCB (Criminal Courts Building), Pasadena Court and Van Nuys Courthouse.  Contact attorney Ross Erlich for a free case evaluation today.

Girls Gone Wild Creator Gone To Jail?

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Girls Gone Wild creator Joe Francis was convicted by a jury on Monday of 5 misdemeanor charges stemming from a night-gone-wrong for Francis.  Francis was convicted of 3 counts of false imprisonment, 1 count of dissuading a witness from reporting a crime and 1 count of assault causing great bodily injury.  He faces up to 5 years in the Los Angeles County jail at his sentencing hearing which takes place today.

Victims told police they had gone to the popular Supper Club in Hollywood to celebrate a college graduation.  Upon closing time, Francis, allegedly, grabbed one of the 3 female victims by the hand and took her to his limo.  The two other victims followed, believing Francis would be giving them a ride to their own car.

This is apparently where things went south.  The victims claim that once in the limo, Francis’ bodyguard and driver produced, what appeared to be law enforcement badges and would not let them leave the limo.  The victims were taken to Francis’ house, where a physical altercation took place between Francis and the victims as he allegedly attempted to pull one of the victims away from the others.  This is when Francis was alleged to have grabbed the victim by the throat and pushed her head into the tile floor.

What is clear from the verdict is that the jurors believed Mr. Francis did not conduct himself very well that night and that most likely the victims’ story had some truth to it.  Mr. Francis is in a tough predicament here as he is most likely looking at some amount of county jail time along with anger management classes, community service, probation or other terms and conditions of his sentencing.  Los Angeles County judges take violent crimes very seriously, not to mention Mr. Francis was also convicted of dissuading a witness from reporting a crime.

Typically, police detectives will attempt to contact you to “get your side of the story” and many times these statements are turned around and used against you.  It is a much smarter idea to have your attorney be the liaison between you and law enforcement.  There is always two sides to the story so make sure that your side gets heard.  There may even be the possibility of a civil compromise in your case where we can get the charges dismissed.

If you have been charged with false imprisonment, assault or battery in the Criminal Courts Building (CCB), the Airport Courthouse, Burbank Courthouse, Pasadena Courthouse, or in the Van Nuys Courthouse, contact attorney Ross Erlich as soon as possible to make sure your rights are protected.

1 in 10 Los Angeles County Residents Here Illegally

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A study conducted by the USC Center for the Study of Immigrant Integration released a study on Tuesday that found that 1 in 10 L.A. County residents is here illegally.  The study also found that many of that number have been in the country for more that 10 years and are the parents of children born here and are American citizens.  1 in 5 children in Los Angeles County has at least one parent who is in the country illegally.

What does all this mean for California and, specifically, Los Angeles?  Well, the study estimates that approximately 1 out of 4 of the estimated 11 million people in the country illegally live in California.  The study goes on to state that immigrants living in L.A. County make a median wage of $18,000 a year, compared to $47,000 for U.S. born residents and that only 33% of these immigrants have health insurance.

This study helps paint a picture of the landscape of Southern California’s immigrant population and how big of an impact immigration reform will make on Los Angeles County.  Currently, Congress is trying to work out a bipartisan plan for immigration reform and many insiders believe there will be some aspect of an amnesty plan for those currently living in the country.

If you are currently living in Los Angeles County and are seeking to obtain a Green Card, Visa, or are facing deportation or removal hearings, contact attorney Ross Erlich today for a free case evaluation.  The face of immigration is soon to change and it is important to know what your options are and to have an attorney lead you through the process

An End To Marijuana Dispensaries?

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The California Supreme Court unanimously ruled on Monday that cities and local municipalities may ban medical marijuana dispensaries within their territory.  The Court stated that nothing in the current medical marijuana law restricts the rights of these local governments and cities throughout the state to declare medical marijuana dispensaries a nuisance due to the increased dangers of crime, congestion, blight and drug abuse in the community.

The problem was that under Proposition 215, the statewide proposition that allowed people to use medical marijuana as long as they had a recommendation from a doctor, there was never any mention of dispensaries, shops, stores or anywhere a patient could purchase their marijuana.  What Proposition 215 stated was that people and their primary caregivers can grow or possess marijuana with a physician’s recommendation.  The law made no mention about the availability of dispensaries or collectives.  The Court cleared the way for cities to decide how much, if any, regulation or limitation of dispensaries they choose.  For example, a city may limit dispensaries in a particular area within the city while placing no limits on dispensaries in another area.

Cities and dispensary owners have been in a years-long battle regarding what cities can and cannot due to limit the operation of medical marijuana dispensaries within their borders.  Further confusion ensued when lower courts all over the state issued rulings that conflicted rulings in other jurisdictions.  One only needs to look at the Los Angeles City Council who, at first, embraced dispensaries, then tried to regulate them, and then tried to ban them.

Drug possession, sales, cultivation and transportation are serious felony offenses in Los Angeles County.  On the flip side, increasingly liberal drug laws combined with overcrowding in state prisons and local jails make the resolution of these cases by attorney Ross Erlich more advantageous to you, the client.  Additionally, if you have a physician’s recommendation to possess or cultivate marijuana, that may also benefit your case.

If you have been charged with a drug offense such as simple possession, possession for sales, transportation of a controlled substance or cultivation, contact attorney Ross Erlich before you say something to law enforcement that you may regret down the line.  Attempting to “talk your way out of it” usually does not work and, consequently, usually results in statements that are used against you.  Attorney Ross Erlich handles drug offenses in the Airport Court, CCB (Criminal Courts Building), Burbank Court and the Pasadena Court.

Lohan To Miss Rehab Deadline?

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Lindsay Lohan may be in some hot water with the law.  Again.  Lohan must provide proof to a Los Angeles Superior Court judge today that she has enrolled in rehab.  The problems has been that, according to social network websites and other news media, Lohan has yet to get enrolled in any program.  Additionally, a source in the Los Angeles City Attorney’s office said they had not yet received any news of her enrollment.

As you may recall, Lohan entered into a plea agreement whereby she would serve 90 days in a live-in drug rehabilitation facility without the ability to come and go as she pleases.  This plea deal was in exchange for a no contest plea to misdemeanor reckless driving and providing false information to a police officer, stemming from her car accident on PCH.  Additionally, Lohan must spend 18 months in psychotherapy and serve 30 days of community service.

Why such a harsh punishment you might ask?  Well, Lohan was on probation at the time of this arrest and because of this, she faced increased penalties for violating the terms and conditions of her probation.  One of the terms and conditions of all grants of probation is to “not violate any law or order of the court.”  By pleading no contest to the new charges of reckless driving and providing false information to a police officer, Lohan violated her probation in the older case by violating a law while on probation.

I see many stories where people get into car accidents and decide to either leave the scene, committing a hit-and-run, or decide to give the responding police officer some inaccurate account of what happened.  Many times this is done to cover something up, not be blamed for the accident or in an attempt to not get arrested.  What you should be aware of is that lying or providing misleading information to a police officer can be a more serious charge then the underlying reckless driving or hit-and-run.

If you have been involved in a DUI, hit-and-run or reckless driving in Los Angeles and are set to go to the Van Nuys court, Airport court, Metropolitan court or Burbank court, contact attorney Ross Erlich before you decide to make any statements to law enforcement.  It will probably be your best decision.

A Break For Legal Immigrants Convicted of Marijuana Possession

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The United States Supreme Court has given legal immigrants a break when it comes to convictions for possessing a small amount of marijuana.  The Court has ruled that a conviction for this offense is no longer an “aggravated felony” that leads to deportation or removal from the country.  The Justices said that the government must show that the defendant either sold the drugs or possessed a “significant quantity” for the crime to be considered an “aggravated felony.”

The term “aggravated felony” as used in this context is a classification used in immigration proceedings and does not always correspond to an aggravated felony in criminal court, as possession of a small amount of marijuana in California is a misdemeanor.

Under current immigration law, any non-citizen who is convicted of an “aggravated felony” is eligible, and most often proceedings are brought against them, for deportation.  This occurs regardless of how long this person has lived legally in the country or how productive they have been.  The problems started when legal immigrants were being deported for, what many consider to be, minor non-serious drug possession offenses and long-time residents and families were being broken up.

One of the biggest problems that we see is when a suspect has been in custody for a couple days, are transferred to Los Angeles County Jail and an immigration hold is placed on them.  Thus, even if the criminal charges get dismissed, the person is still being held in custody by immigration officials and facing deportation proceedings.  The best course of action is to contact attorney Ross Erlich while your friend or family member is at the local jail and get them out as soon as possible.

If you are a non-citizen, regardless of your current status, it is crucial for your future to consult attorney Ross Erlich if you have been arrested and charged with a crime, any crime.  With the firm’s criminal defense experience, as well as the expert immigration resources, attorney Ross Erlich is in the best position possible to prevent the harsh immigration consequences that are so often a result of being arrested.  Whether you have been charged with a DUI, petty theft, shoplifting, domestic violence, assault or hit-and-run in the Metro court, Airport Court, Downtown Criminal Court or Burbank court, these may have potential immigration implications.

Contact attorney Ross Erlich today for a free consultation on the criminal and immigration consequences of your arrest!

Al Michaels Arrested At DUI Checkpoint

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Al Michaels, the legendary sportscaster, was arrested Friday night after police officers pulled him over for making an illegal u-turn just feet away from a DUI checkpoint.  Santa Monica police officers listed the normal DUI talking points: slurred speech, detected an odor of alcohol emitting from his breath and an unsteady gait, as preliminary objective symptoms of intoxication and made the arrest.

That night, a DUI checkpoint was set up in the 1800 block of Lincoln Boulevard in Santa Monica.  What many people are unaware of is that in order for the DUI checkpoint to be legal, law enforcement must satisfy a number of rules.  The California landmark case of Ingersoll v. Palmer is law of our state on this.  First, supervising officers must determine where and how a checkpoint is located, usually where a high number of DUI arrests have been made previously.  Second, the DUI checkpoint must be reasonably located.  Third, the DUI checkpoint must be publicly advertised, meaning warning signs, flashing lights and presence of uniformed police officers.  Lastly, and most important, the driver must have the opportunity to drive away and not go through the checkpoint if they want to.  Keep in mind that the driver may still be stopped if they commit a traffic violation or display obviously signs of intoxication.  There are usually “chase officers” that are posted down the street from a checkpoint who often go after those who turn away.

In Mr. Michaels’ case, he made a u turn, likely when he saw the checkpoint, and got pulled over.  What Mr. Michaels probably didn’t realize is that u turns are illegal in a business district (essentially any street lined with shops and stores) and this gave the police officers all the probable cause they needed to pull him over.  Once this initial contact was made, it was game over for Al.

If you have been arrested going through a checkpoint, you might think that there is nothing you can do about it.  Well, that couldn’t be father from the truth.  As this article mentioned above, there are many rules that law enforcement must comply with in order to have a “legal” checkpoint.  It takes an aggressive and detail-oriented attorney to make sure the police did their job and that the checkpoint complied with all the constitutional regulations.

Because many people are stopped at the checkpoint and arrested, in many cases the police never actually witness any “bad driving” or signs of “driving under the influence” before coming into contact with you.  This can, potentially, be instrumental in getting your charges dismissed or reduced.

If you have been arrested for a DUI in Los Angeles, Hollywood, Santa Monica, Beverly Hills, North Hollywood, Burbank or anywhere in Los Angeles County, contact attorney Ross Erlich as soon as possible and avoid your license from getting suspended.

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DUI Blood Test? Going To Need A Warrant For That.

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This past week the U.S. Supreme Court has weighed in on the issue regarding whether or not police need a warrant before they can forcibly draw blood from a DUI suspect who does not consent to a test.  Their answer: Yes, the government DOES need a warrant to obtain a blood test.

The Supreme Court has long held that search warrants are generally needed before a government search, or intrusion, into someone’s body, like a forced blood draw.  The Court has reasoned that these types of intrusions amount to a bodily search and are therefore covered under the 4th Amendment’s protection against unwarranted search and seizures.  The Court has also long held that there are exceptions to this rule – most notably the exigent circumstances exception.  This exception comes into play when officers believe that unless evidence is seized or a search conducted immediately, there will be a threat of danger to society or the destruction of evidence and thus, they can act without a warrant.

Police have always argued that with the every passing minute, the alcohol level in the suspect’s blood dissipates and therefore, valuable evidence is being lost without obtaining the blood sample.  The Supreme Court disagreed, somewhat, and held that in many circumstances, and with current technology, there is almost always sufficient time to obtain a warrant.  The Court also noted that emergency, or exigent, circumstances must be decided on a case-by-case basis and that since police officers must transport the suspect to the hospital to get his blood drawn in any case, there is always this issue of dissipation of alcohol.

If you have a driver’s license in California, you have agreed to what is known as the “implied consent” law.  What that means is that in exchange for your privilege to drive is your “implied consent” to a police officer for a blood alcohol chemical test, be it blood, breath or urine.  Some jurisdictions allowed for law enforcement to obtain forced blood draws if a suspect does not consent to one of the tests.  The Supreme Court has now made it clear that law enforcement must obtain a warrant for this forced blood draw or risk having this evidence thrown out in court.

If you have been arrested for a DUI in Los Angeles, Pasadena, Burbank, Hollywood, North Hollywood or Santa Monica, contact attorney Ross Erlich as soon as possible for a free case consultation.  Remember that you only have 10 days from the date of arrest to request a DMV hearing or your license will be suspended automatically.  Also keep in mind that just because you have been arrested for a DUI does not mean that you are guilty or that you broke the law.  It is important to have an attorney who knows the DUI laws in Los Angeles, Burbank, Pasadena, Santa Monica and Hollywood apply that knowledge for your benefit.

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Senate Immigration Bill Slowly Coming Along

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The details of the Senate’s bipartisan immigration proposal became known yesterday and, despite reservations by Republicans, the bill looks to be the best shot comprehensive immigration reform that is acceptable to both sides.  Republicans, who were initially critical of the bill, seemed to become more comfortable with the trade off of greater resources for border security in exchange for a “path to legal status” for the nation’s approximately 11 million illegal immigrants.

As you may know, President Obama has made comprehensive immigration reform (path to citizenship) a top priority of his second term and has promised the country that he will do whatever is necessary to achieve this reform.

Some of the key highlights of the bill are the fact that it beefs up security along the southwestern border, gives a path to citizenship by providing legal status and eligibility to for citizenship after payment of back taxes, $2,000 in fines and a 13-year waiting period.  Furthermore, the bill would streamline the nation’s visa system by allowing the 4 million people waiting for a visa to come in and allow as many as 200,000 new low-skilled guest workers to come in over the next decade.

There are many other special exceptions and accommodations the bill provides for depending on whether you are a farm worker, student or serve in the military.  Keep in mind that the bill still needs to get passed in the Senate and the House of Representatives before it goes to President Obama’s desk to get signed into law and a lot of changes can occur along the way.

If you or someone you know is living in the U.S. without any legal status or are here on a Visa and would like to consult about you ability to apply for deferred action or citizenship, contact Attorney Ross Erlich before it’s too late.  Furthermore, if you have been convicted of a crime involving moral turpitude or are facing an aggravated felony, it is crucial that you consult with an attorney well versed in the immigration implications that a guilty plea might entail.

Contact attorney Ross Erlich is you have any immigration questions in the Hollywood, North Hollywood, Downtown, Koreatown or Westside areas of Los Angeles today.