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Busted for shoplifting. Now what?

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With the economy and unemployment the way it is, there has been an ever increasing amount of shoplifting and petty theft arrests being made in Los Angeles.  If you or someone you know has been arrested or cited for petty theft or shoplifting, it is important to contact criminal defense attorney Ross Erlich before trying to talk your way out of the situation and making things worse.

A theft crime occurs when someone takes something of value from another person without their permission.  Petty theft and shoplifting arrests are usually occur when someone has taken or concealed something of value, usually an item of merchandise from a store, and attempts to leave the premises without paying for that item.  Security guards or “loss prevention agents” usually detain the person attempting to take the merchandise in a back room of the store and, more often then not, attempt to get an incriminating statement out of the suspect.  In fact, some loss prevention agents are even given a bonus when they can either get the person to admit to stealing or having that person pay some kind of “fee” right on the spot.  Additionally, many places of business have security camera footage that may or may not have the incident on videotape.  It is necessary for attorney Ross Erlich to view this footage with you, the client, to see if there really is any evidence of a crime taking place.

A few advantages of having an aggressive criminal defense attorney representing you is that there are many different possible outcomes of a petty theft or shoplifting case.  For example, we might be able to negotiate a “civil compromise” where the client pays full restitution to the victim for their out of pocket expenses in exchange for a the termination of criminal proceedings and an effective dismissal.  Other options include classes or community service in exchange for a dismissal or a reduction in charge to an infraction so there is no misdemeanor on your record.

Keep in mind that petty theft and shoplifting crimes are “priorable”, meaning prosecutors will use prior convictions against you to increase the penalties for subsequent arrests.  Therefore, it is crucial that you make sure your theft case is handled with the experience and aggressiveness it deserves.

If you have been arrest for petty theft or shoplifting in Torrance, Beverly Hills, Los Angeles, the Westside, LAX, Airport court or the Criminal Courts Building, contact attorney Ross Erlich to protect your rights.

What To Do If You Are Arrested For A Hit & Run

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Los Angeles is home to one of the highest populations of motorists in the world.  If you live here, or have visited, you will know that it is nearly impossible to exist in this city without driving a car.  One of the unintended consequences of driving so often is car accidents, be it minor or a serious accident with injuries.  This article will give you an idea of what to expect if you have been charged with a hit-and-run and what some possible outcomes can be.  Remember, if you’ve been arrested or charged with a hit-and-run, contact attorney Ross Erlich as soon as possible to reduce any punishment by the court and don’t just go to court and plea guilty.

Failing to stop at the scene of an accident is a violation of California’s Vehicle Code section 20002 as a misdemeanor or section 20001 as a felony.  According to the law, a hit-and-run occurs when the driver leaves the scene of an accident without identifying yourself to the party or parties involved when there has been damage to the property or person of the other party.  The major difference between a misdemeanor and felony hit-and-run is whether there is damage only to property or whether the other party was injured as a result of the accident.

Some of the relevant factors for a prosecutor to consider if you have been charged with a hit-and-run is how serious the accident was, the extent of the property damage, any injuries, how serious were the injuries, did insurance compensate the victim, did the defendant have any prior record and did the at-fault party have a valid California driver’s license at the time of the accident.  A misdemeanor hit-and-run carries a punishment of up to $1,000 in fines, up to 6 months in jail, restitution to the victim and 2 points on your license.

One of the most desired outcomes if you have been formally charged with hit-and-run in Los Angeles is a civil compromise.  Under California Penal Code sections 1377 and 1378, a judge may stay or stop a criminal action and discharge the defendant when a civil compromise has been reached between the defendant and the victim.  In other words, if the responsible party has made all restitution and paid the victim for all of their out of pocket expenses, the judge may, in essence, dismiss the case against the defendant.  There will not be any conviction on the defendant’s record and all criminal action will be permanently stopped.

Another outcome that can be achieved in a hit-and-run case is, if the property damage is not too high or has been paid for by the defendant, is the reduction in charge from a misdemeanor hit-and-run to an infraction.  Prosecutors will sometimes agree to either reduce the charge to a disturbing the peace infraction or even to California Vehicle Code section 16028 as an infraction (failure to show evidence of financial responsibility).  This result not only avoids a misdemeanor conviction on someone’s record, it avoids the 2 point penalty on their license as well.

If you have been cited or arrested for hit-and-run in Los Angeles, LA City, Beverly Hills, LAX, Airport, Metropolitan Court, Downtown, the Westside, Hollywood or North Hollywood, contact attorney Ross Erlich today for a free case consultation at (323) 222-4529.

L.A. County Sheriff Deputies Caught Lying

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Two LA County Sheriff’s deputies were arrested last week and charged with lying about a drug bust.  The two deputies were charged with filing a false police report and conspiracy to commit a crime after investigators say they discovered videotape of the drug bust that contradicts the deputies’ report.

The deputies made a brief court appearance last Thursday, but the case was continued for arraignment on May 13.

The investigation of the two deputies’ story began after a criminal defense attorney for the man arrested discovered surveillance tape that contradicted the deputies’ description of the activities.  Specifically, the Sheriff’s deputies stated that they received a tip about a man selling cocaine out of his car in a parking lot.  The deputies then stated that they contacted the suspect next to the driver’s door of his car and that they observed narcotics in plain view inside of the vehicle.

The only problem with this account is that the videotape tells a different story.  In fact, the tape shows the deputies contact the suspect at the rear of his vehicle and thus, the deputies could not possibly be in a position to observe the narcotics.

The deputies now each face up to 3 years in prison if convicted of these charges.

Sadly, false, fabricated or exaggerated police reports are not uncommon in this business.  Some police officers realize that accurately reporting the incident does not always put them, or their actions, in the best light.  It is important that if you feel you have been wrongfully accused or charged with a crime, contact attorney Ross Erlich before you make any statements to investigators or authorities.  Trying to talk your way out of an arrest most often puts you in a worse position than you would be had you exercised your right to remain silent.

If you have been charged with a crime in Beverly Hills, Downtown Los Angeles, LA County, Metro Court, LAX or the Westside, contact attorney Ross Erlich as soon as possible for a free case consultation.

CHP Cracking Down On Distracted Drivers

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According to www.distraction.gov, the official government website on distracted driving, you are 23 times more likely to crash while texting and driving.  This statistic is the motivating factor behind a national campaign to reduce distracted driving and the California Highway Patrol is instituting a zero-tolerance policy for texting and cell phone use.

Currently, a minimum cost of a cellphone ticket is $159 and other subsequent tickets may rise as high as $279.

The National Safety Council has found that more than 2 in 3 drivers last month reported talking on their cell phone while driving.  Another fact to consider is that approximately 9% of all drivers in the country are talking on their phone at any given moment during the day, according to the National High Traffic Safety Administration.

So, what does this mean for you?  Well, it means that the CHP, the Los Angeles Police Department and other local law enforcement agencies will be looking for distracted drivers and will be issuing tickets to persons they see texting, emailing, Facebooking, and Twittering.  They will be riding up next to you, looking through your windows and issuing tickets for any slight violation.  Traffic officers take these violations very seriously as distracted driving is one of the leading causes of traffic accidents and injuries.

If you have been issued a ticket for cell phone use, texting, speeding or any other moving violation, it is important to contact attorney Ross Erlich and discuss what options are available avoid a point on your license, possible license suspension or an increase of your insurance premiums.  Keep in mind that just because you were issued a traffic ticket doesn’t mean you have to plead guilty and pay the fine.  Attorney Ross Erlich can fight to get the ticket dismissed or get the fines greatly reduced and handles all tickets in Metro Court, Van Nuys, Chatsworth and Beverly Hills.

Clark Gable’s son facing DUI and hit-and-run charges

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Gone With the Wind star Clark Gable’s son was arrest around 3p.m. on Tuesday for DUI and hitting several parked cars in Malibu.  An eyewitness to the arrest stated that Mr. Gable appeared to fall on the ground upon exiting his car for the police.  Jail records show that Mr. Gable was taken to the hospital for a blood test and released on $15,000 bail late Tuesday night.

Fortunately for Mr. Gable, there was no one injured in these collisions or he would be facing more serious charges with greater consequences.  As it stands now, it appears as though Mr. Gable will be charge with a first offense DUI and misdemeanor hit-and-run charges.

So you might be asking yourself, “I wonder what will happen to this guy?”  Well, DUI and hit-and-run charges quite commonly stem from the same incident.  There are many possible outcomes in this scenario, including a civil compromiseto settle and dismiss the hit-and-run charges.  However, the prosecutor will likely be requesting a greater fine, a longer DUI education program, community service or a community labor requirement on top of all the standard DUI terms.

Prosecutors take DUI-related hit-and-run charges very seriously in Los Angeles since this is a city where people drive a lot and accidents like these have a high probability of injuring innocent people.   Because of this, it is important for you to have an aggressive criminal defense attorney who has handled numerous DUI cases involving complex issues to fight for your rights and to minimize any consequences to you or your license.  It is also critical of you, or your Los Angeles criminal defense attorney, to contact the DMV within 10 days of your arrest or face an automatic suspension of your license without a hearing!

If you have been charged with a DUI or hit-and-run in Malibu, Los Angeles, Beverly Hills, Mid City, Culver City or the Westside, contact criminal defense attorney Ross Erlich for a free in-person case consultation and to get the wheels of justice spinning in your direction.

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Guilty Plea taken in local hit-and-run death

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A Canoga Park man pleaded guilty last week to one count of each of voluntary manslaughter, evading a police officer with willful disregard, leaving the scene of an accident, grand theft auto and admission of a gang enhancement.

This guilty plea stemmed from an incident where police officers were pursuing the defendant in a stolen vehicle when the defendant struck and killed a pedestrian walking in a crosswalk.  At the time of the collision, officers had already called off the pursuit temporarily due to the defendant’s high rate of speed on city streets and failure to stop at multiple right lights and stop signs.  The plea was taken in front of Judge Karen Nudell in the Van Nuys Superior Courthouse with sentencing set for April 30.

If you have been involved in a traffic collision, you are obligated under state law to stop and identify yourself to the other party, regardless of who was at fault.  If you fail to do so, you run the risk of being arrested for hit-and-run or having an active warrant issued for your arrest.  If you find yourself in this position, the first thing to do would be to contact an aggressive criminal defense attorney to protect your rights.

Attorney Ross Erlich has represented numerous clients in hit-and-run cases at the Airport Courthouse and Metropolitan Courthouse and is familiar with the strategies and techniques that ensure the best possible outcome for you, the client.  One of these techniques is to get your hit-and-run charged dismissed outright   This is made possible under California Penal Code sections 1377 and 1378 which allows a judge to dismiss the charges, and avoid any conviction, when the victim has been fully compensated for their loss.  This is more commonly referred to as a civil compromise.

Hit-and-run cases are taken very seriously by prosecutors since they involve the damage and possible injury to the victim while the other party leaves the scene.  Thus, penalties for hit-and-runs may include jail time, up to $10,000 in fines and restrictions or a suspension of your driver’s license.

If you have been charged with a hit-and-run in Los Angeles, contact attorney Ross Erlich for a free consultation and to discuss what options are available to you.

The right to a fair trial, and a fair playing field

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In the 1963 landmark case of Brady v. Maryland, the US Supreme Court ruled that prosecutors cannot withhold exculpatory evidence from a defendant “where that evidence is material to either guilt or punishment.”  To do so would be to violate the criminal defendant’s due process rights.  In other words, the government must turn over any evidence that can help prove the defendant innocent or helps lessen the punishment.

In the 50 years that have passed, there are prosecutors all over the country that fail to comply with this due process requirement and laws that have been enacted in an effort to limit this responsibility.  For example, California passed Proposition 115 in 1990 and one of the components of this Proposition instructed prosecutors to turn over potentially favorable evidence to the defense at least 30 days prior to trial.  One of the side effects of this provision was that some prosecutors believed they were under no obligation to turn over this potentially favorable evidence for the defense at the preliminary hearing stage of a case, where judges decide whether there is sufficient evidence to hold a defendant to answer to trial.

Recently, however, two California appellate courts have made rulings which help to clear up this grey area and held that a prosecutor’s obligation to turn over potentially favorable evidence to the defense does not only apply to trials, but applies to preliminary hearings as well.  This is of critical importance to a Los Angeles criminal defense attorney as preliminary hearings help resolve groundless and overcharged cases that cannot be proven at trial.

If you have been charged with a crime in the Metropolitan Courthouse, Criminal Courts Building, Airport Court or Burbank Courthouse, it is imperative that you contact attorney Ross Erlich for a free consultation so that you may know your rights.  Remember that the role of a prosecutor is to achieve justice and not simply to get as many convictions as they can.  To that end, it is important to have an aggressive defense attorney who will remind the prosecutor of their duty and make sure all evidence is discovered.

Labor Day DUI Arrests Up From Last Year

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According to the California Highway Patrol, more people were arrested for driving under the influence this Labor Day weekend than they were last year. The CHP made 259 such arrests from 6 p.m. Friday to 6 a.m. Monday, up from 227 the year before. This number does not include those arrests made by the LAPD, LA County Sheriff or any other law enforcement agency.

If you or someone you know where arrested for DUI in Los Angeles County, Beverly Hills, Mid City, Metropolitan LA or near the Airport, it is important that you contact Attorney Ross Erlich within the first 10 days to stop the DMV from automatically suspending your license without a hearing. Additionally, it can be beneficial to take proactive steps in the early stages of a case to help limit the impact of criminal charges brought against you.

Remember, if you have been arrested or cited by law enforcement in Beverly Hills, the Mid City area, near the Airport, or anywhere in Metropolitan Los Angeles, you need to consult criminal attorney Ross Erlich at (323) 222-4529.

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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.

Posted in DUI

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.