Los Angeles DUI Lawyer Blog

Although a great number of marijuana drug charges in California involve possession, there is a vast number of charges under California Health and Safety Code 11358 to 11361 involving marijuana that do not center around possession. An experienced Los Angeles DUI and Criminal Defense attorney has not only argued hundreds of cases regarding marijuana charges, but has gained an extensive knowledge of the different exceptions and defenses articulated by law.

California Health and Safety code 11358 criminalizes the planting, cultivation, harvesting and growing or any related action of marijuana and may be punished by imprisonment. Additionally, California Health and Safety code 11359 makes it a criminal charge to possess marijuana for the purpose of sale. Under section 11359 a person may be punished by imprisonment in state prison.

Transporting, importing, furnishing, selling or giving away marijuana into this state yields a much harsher punishment. Equally punished is someone who offers to transport, import, furnish, sell or give away marijuana. Both charges will bring a sentence of imprisonment in state prison for two to four years.

As is the case with simple marijuana possession charges, there are legally mandated exceptions under the Compassionate Use Act of 1996. Medical Marijuana prescribed by a licensed physician under specific circumstances allows certain defenses for those charged under the Health and Safety Code.

To assure that your rights are protected and you are given a powerful argument under any applicable exception or defense, put your case in the hands of a Criminal Defense attorney who has been in and out of criminal courts in Southern California for over thirty years. At Hoffman and Associates, we have built a solid reputation among the Judges and Prosecutors in all criminal courts, a value which we bring to you in the form of outcomes and results on your case that you want!

The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

A Judge will consider the facts of the specific case, Prosecution's argument and the powerful defense provided by a Los Angeles Criminal Defense attorney. An experienced attorney will get to work immediately preparing a powerful argument that portrays you in the most positive light. At Hoffman and Associations we have been representing clients on drug possession charges all over Southern California for over 30 years. We have a solid reputation after handling thousands of cases similar to yours so that you have the confidence you want in a criminal attorney and see the results you want!

Hit and Run accidents are more common than people tend to think. According to statistics from the Federal Department of Transportation they have increased by 15% since 2000. Additionally, the federal statistics indicate that California has the highest number of accidents resulting from Hit and Runs. With so many offenses, the need for a highly skilled Los Angeles Criminal Defense attorney is necessary to prepare a civil compromise and prepare the best strategic defense possible.

There are many reasons people tend to commit Hit and Run offenses, including not having a valid driver's license, have had their license revoked, can't or haven't paid their insurance, and many people who don't qualify for a driver's license in the first place. These are often the driving motivation for people to leave the scene after an accident, resulting in a Hit and Run. Fortunately, the majority of these accidents leaves damage to property more than persons, however, even the smallest injury to a person still causes great damage.

An experienced Los Angeles Criminal Defense attorney has handled thousands of Hit and Run cases. A knowledgeable attorney, like Ronald Hoffman, can provide a powerful defense and zealously advocate your case so that you see reduced charges or a dismissal. Our firm immediately gets to work convincing the injured party to drop charges and seek restitution outside of the court system. As a result we are able to prepare a civil compromise and present it to the prosecution which will not only strengthen your case and its chances for dismissal, but weaken prosecution's desire to bring the case to court. Our goal from the beginning of your case through to its completion is to quickly take action, get the charges dropped and avoid any charges being put on your record.

Ensure that your record remains clean, especially when the injured party has agreed to seek reimbursement outside of the judicial system. There is no need to be charged in criminal court when both parties have made amends. Contact our office for a free consultation and learn what we can do for you without cost of obligation!

Having Marijauna in one's possession is illegal in the state of California, punishable as a misdemeanor or felony based on the concentration and amount of marijuana found. However, a Los Angeles Criminal Defense attorney can advise you that California law allows for certain situations in which carrying marijuana is legal and not punishable by law.

Prop 215, also known as the Compassionate Use Act of 1996, is embodied by law in the California Health and Safety Code Section 11362.5. The Act was enacted to allow for seriously ill Californians to obtain marijuana prescriptions that provide a natural and efficient remedy to certain illnesses. The prescription must be given by a licensed physician and the patient must qualify with an illness listed under the relevant legal section.

Even with a valid prescription to grow and carry Marijuana, restrictions still arise which can lead to criminal charges if violated. The Act does not supersede legislation enacted to prohibit persons from acting in a manner which endangers others. Additionally, Marijuana bought with a prescription may not be brought within, or surrounding the grounds of any school or educations facility providing education for kindergartners through 12th grade.

Without a prescription for marijuana use, being caught by authorities will result in a misdemeanor or possible felony charge, unless you have a knowledgeable attorney to represent you and protect your rights. An experienced Los Angeles Criminal Defense attorney, who has done thousands of drug possession cases can give you a powerful argument and zealously advocate your case in court.

Having dealt with thousands of drug possession cases, the skilled attorneys at Hoffman and Associates have built a solid reputation amount the legal community and have established a valuable presence with the Judges and Prosecutors in Southern California's many criminal courts. Contact our office for a FREE CONSULTATION and learn what our firm can do for you!

A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer's observations the driver had been weaving or lane straddling provides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that's not always the case. A police officer's job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred. This can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to, testify to positive aspects of one's defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant's arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.

Another category of witness, call an independent witness can be very valuable as Well. This witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. These type of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.

Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.

Marijuana possession is charged under California Health and Safety Code 11357 and is divided into a misdemeanor or felony charge depending on the concentration of the substance and the amount in possession. Many factors affect the charge, including the type of powerful argument made in court by a knowledgeable Los Angeles Criminal Defense attorney.
Under the applicable section, a person found in possession of concentrated cannabis will be charged with a violation of California Health and Safety Code 11357 (a), unless they are authorized by law to do so. Under section (b) of 11357, anyone found with 28.5 grams of marijuana, other than concentrated cannabis, will be charged as a misdemeanor if not authorized by law. A person found in possession of more than 28.5 grams of marijuana, other than concentrated cannabis and not authorized by law will be charged with a felony.

California law authorizes marijuana to be legally in the possession of a person who is eligible under the Compassionate Use Act of 1996 (California Health and Safety Code 11362.5). Under this act, the California legislature allows for certain persons to legally possess concentrated cannabis, or medical marijuana. Such persons must have an illness that can be cured naturally by marijuana and must have been diagnosed by a licensed physician who recommends medical marijuana as a remedy.

Marijuana possession is a serious charge and can lead to serious consequences. Having an experienced on your side can immensely help you legal argument and protect your rights in court. A highly skilled attorney, such as Ronald Hoffman, has been handling drug possession cases in Southern California for over thirty years and has built a solid reputation with the legal community and among the 29 Criminal courts in the area. Contact our office for a FREE CONSULTATION. We are confident that you will find the powerful advocacy and knowledgeable advice you seek with the lawyers at our firm!

A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation. Furthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

In certain instances specific rules may be imposed and if violated will lead to a probation violation charge, as will a failure to appear in court when asked to do so by a Judge. Another action that will be grounds for a probation violation is if a defendant fails to report to an officer, if it is part of their probation requirements.

Some violations will be of a more serious nature and will therefore lead to harsher consequences. If a defendant on probation is caught with an illegal substance, found committing another crime, or arrested, the result of such misguided actions will not be taken lightly by the Criminal Court.

Whether the probation violation is on the higher end of the spectrum or towards the lesser degree, it is smart to have a knowledgeable Los Angeles DUI and Criminal Defense Attorney on your side. A Lawyer, such as Ronald Hoffman, has been practicing Criminal and DUI Defense for over thirty years and has built a solid reputation with the Judges and Prosecutors throughout Southern California. He knows how to build a strong and strategic defense for your specific case and can get your probation reinstated without further consequences. Call our office for a no obligation consultation today!

Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI. In December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie's probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie's attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case. At Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

A knowledgeable DUI specialist can argue your case from the beginning through to its completion so that you see the best possible results, avoiding jail time and a shorter period of probation. In the event that you are unable to complete your probation requirements, You do not have to be a celebrity to be granted a favorable extension. An Attorney who has created a favorable presence in the criminal courts of Los Angeles County, will be able to present a strong argument on your behalf so that you can get the time you need. Contact our office to get started on your free consultation right away!

The purpose of this blog is to bring to attention of the reader, the many different forms of theft with which a person can be charged with in Los Angeles. It is common for people to oversimplify theft as just stealing. However, the California Penal Code breaks down a theft charge into subcategories, each with the potential to be a misdemeanor or felony with varying potential consequences.

Some of our clients are charged with theft when stealing personal property, or because they refuse to return property that has been entrusted to them. Other clients of Hoffman and Associates have been charged with theft when an identification card or credit card has been falsely used or without authorization. A person can also be charged with theft when they intentionally misrepresent their actual identity to someone with authority when asked to provide identification.

Our team of highly skilled lawyers also represents clients who have been charged with theft in the form of embezzlement. Embezzlement is when a person in a position of trust uses that trust to exploit resources. Additionally, theft may be committed when a person or company collects payment to complete a service or purchase equipment but fails to use it for the hired purpose.

The California Penal Code lists many more acts under which a offender may be charged with theft. An experienced Criminal Defense attorney, such as Ronald Hoffman, is not only knowledgeable with all the various types of theft, but has handled each of these types of cases in the criminal courts throughout Los Angeles.

Our firm's thirty years of experience is reflected in the strategic defense and zealous advocacy with which we fight your case. We pride ourselves in our goal to passionately argue your case to get you the best possible outcome, as we have done so for thousands of satisfied clients. Let us handle your case with the diligence and confidence you deserve from your criminal attorney.

With the costs and expenses associated with a DUI, it is a natural concern to have questions regarding how it will affect your auto insurance. Not only can a Criminal Defense attorney specializing in DUI answer any questions you may have, but can also use their experience and knowledge to fight hard to keep the costs as low as possible.

There are many potential consequences to your auto insurance depending on the final decision of the officer at your DMV hearing and the company you use for your coverage. It is common to lose your auto insurance after being convicted of a DUI. Your driver's license may also be suspended by the DMV, and therefore being covered by your auto insurance company may not be an immediate concern. With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license.

Additionally, many auto insurance companies maintain that they do not cancel your insurance on a first time offense, but do deal with it in a harsh manner. You can assume that your insurance premium will be increased. Whether it is increased by a significant amount, or something more manageable will depend on your specific insurance provider.

In the state of California you are also required to file an SR-22 insurance form with the DMV to reinstate your driving privileges after you have been convicted of a DUI. An SR-22 is a vehicle liability insurance document which provides proof that the driver has the minimum liability coverage required for California.

Once charged with a DUI, the costs of legal help, court fees, and fines start adding up. The last thing you need is additional costs to your auto insurance. An experienced DUI specialist, like Ronald Hoffman, not only provides you with reasonable rates and a payment plan that works for you, but also fights hard to get you the best possible outcome at your DMV hearing. Such results can only come with over thirty years of experience and a solid reputation among the criminal courts in Southern California. Contact our office today for your free consultation with one of our highly trained attorneys!

Our clients who have been charged with a Southern California theft offense face a range of potential consequences. They will be sentenced along a spectrum of penalties ranging from time in jail, to community service, to a fine depending. Where they land on the scale depends on the specific facts of the case and the value of the object stolen.

A theft offense will be charged as Grand Theft when the value of the merchandise stolen is over $400. For cases involving the theft of a firearm, potential consequences can range between 16 months imprisonment in state prison up to 3 years. (California Penal Code 489). For all other cases involving Grand Theft, the penalty will be up to one year in county jail or state prison.

A Southern California theft offense in which the value is under $400 will be charged as petty theft. Petty theft will be punished by a fine up to $1000, or up to 6 months in county jail, or both (California Penal Code 490).

The sentence that is imposed will depend on the factors surrounding your unique situation and how your case is presented in court by your Criminal Defense attorney. A knowledgeable attorney will be able to develop an effective defense after reviewing the specific facts. Over thirty years of experience is reflected in the expert manner with which Hoffman and Associates handles your case.

Our highly skilled staff works efficiently to weaken prosecution's argument so that your potential penalty falls at the lower end of the sentencing scale. Good Criminal Defense attorneys, such as the professional staff at Hoffman and Associates, will keep your best interests in mind and fight hard to get you the best results possible!

Our Southern California law firm has represented many clients who have been charged with California theft offenses. California theft offenses are defined and charged under California Penal Code 484 through 490.

California Penal Code 484 (PC 484) defines what acts constitute theft. Penal Code 484 is quite lengthy and describes many different forms of theft. However, it first defines theft as an offense committed by those who "steal, take, carry, lead, or drive away the personal property of another". Not only is this the most common definition of theft, it is also the one our knowledgeable California Defense attorneys represent most often.

The California Penal Code 486 divides all theft offenses into two degrees; petty theft and grand theft. California Penal Code 487, through several sections, defines what acts constitute grand theft. A theft will generally be classified as Grand Theft when the value of merchandise stolen is over $400. Most Grand Thefts will be charged as felonies and consequently punished at a harsher degree.

Any offense that does not fall under CPC 487, and/or is under $400 will be charged as a petty offense (California Penal Code 488). Petty Offenses are generally misdemeanors and will be sentenced at a lower end of the spectrum depending on the specific facts of the case.

If you have been charged with a theft offense under the California Penal Code let our experienced Criminal attorneys help you with your case. After thirty years of experience in courtrooms all over Southern California, Hoffman and Associates will carefully study all the specific facts of your case and prepare a strategic defense to ensure the best results. Our goal from the beginning of the case through to its completion is to make sure you feel confident in our defense and are satisfied at all stages of your case. Let our team of skilled attorneys provide you with the help you need.

My clients that have been arrested for a DUI often ask me if there are substances that can effectively "fool" a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have an actual effect on your breath test reading.

There are many common myths that some everyday substances like breath mints, onions and denture cream, if present in the mouth before taking a breathalyzer test, will yield a lower result. A knowledgeable DUI attorney will inform you that this is not the case. Additionally, a popular television show named Mythbusters determined whether these substances had an effect, if any, on the results of a breathalyzer test. Tests concluded that there was in fact no lowering affect.

Another common myth claims that placing a penny or battery on your tongue may have a lowering effect on the breath test reading. This is proven to be inaccurate, not to mention, would require some talent to discreetly place the object in your mouth, hold it there during the test, and remove after, without law enforcement taking notice.

There are, however, some substances that were shown by BAC testing experts to have an effect on the breathalyzer reading. Mouthwash changes the results of the test, but not in the way that one would hope. The machine erroneously reads some substances found regularly in mouthwash to be ethanol detected in alcohol. Consequently, the reading will actually overstate the actual BAC found in your blood stream.

In actuality it is much more difficult to "fool" a breathalyzer test than people tend to think. The reading found by law enforcement will have a huge impact on your DUI case. The BAC reading taken from your breath rest will likely be considered accurate unless an error is found. You can find errors in the method you were tested in, or with the machine itself. A well known DUI Specialist who has handled thousands of DUI cases, like Ronald Hoffman, knows exactly where weaknesses in prosecution's case lurk. Our firm will carefully study the specific facts of your case, and will strategically prepare your defense giving you efficient results that you can be satisfied with.

When you are pulled over by an officer on the suspicion of Driving Under the Influence, you are not required to take the screening test at the scene. You are, however, required to take a blood or breath test once you are taken to the station. As with all types of officer administrated tests, including the breath test, there are common errors that arise .

Breath tests are not preferred by law enforcement and prosecutors because they are not a direct analysis. This means that they do not give a direct measure of the Blood Alcohol Content (BAC) but have to be taken as a reading of the breath and then converted to the BAC. The reading derived from a Breath Test is not always accurate. Many factors can alter the results yielding inaccurate evidence.

One such factor is temperature. The machine must be adjusted to accommodate its surrounding temperature and the temperature of the subject; otherwise the reading will be inaccurate. Additionally, breathing patterns have an effect on the reading. Studies show that hyperventilation or vigorous exercise can reduce the BAC reading by up to 32%. In contrast, holding one's breath can increase the reading by 25%.

For these reasons, Breathalyzer machines needs to be calibrated frequently. Calibration is the process of checking the internal settings of a machine against a standard test to assure that it is running properly. If a machine is not calibrated routinely, it will yield inaccurate results, which could affect your entire case.

Breathalyzer machines also have a problem of non specificity. They not only detect ethanol found in alcoholic beverages, but also other substances with a similar molecular structure, such as acetone. Because of a higher level of acetone in dieters and diabetics, they may have a reading that detects a higher BAC, when that is not always the case.

The biggest cause of error in breathalyzer tests comes from mouth alcohol. The breathalyzer needs to measure BAC that is taken as a result of a deep breath from the lungs. If the breath is too shallow, and taken from the mouth, the measure will be inaccurate. A burp or belch will cause there to be a higher measure of mouth alcohol.

The errors and inaccuracy of a breathalyzer test could potentially mean that your BAC is not as high as the tests yield. This not only makes your case weaker for prosecution, but could lead to dismissal. Our firm has been fighting DUI cases for over thirty years. We are familiar with the procedures and errors associated with all breathalyzer tests and know precisely how to weaken prosecution's cases against you. We focus on the specific facts of your case and errors on behalf of law enforcement to strategize the most zealous defense for your case. Hire someone you can trust has the knowledge and background to give your case the best fighting chance and results that you can be satisfied with.

Being arrested for a DUI or other criminal offense is a painful and dramatic experience. For most people, it is one of the worst experiences of their life. Regardless of guilt or innocence, the loss of your personal freedom, being taken away in handcuffs in the back seat of a police car is nothing short of awful.

As the days go by after one's arrest, people start to realize that unfortunately that's not the end of their legal problem. The common feeling of confusion mixed with fear of the unknown, starts to set in. What should I do? Who should I call? Do I need an attorney? Where do I find an attorney? Can I afford an attorney? Can an attorney help me?. These legitimate questions and concerns begin the process of figuring out what is the best decision for me to each of these questions.

Being arrested for a DUI or Criminal offense should be distinguished from the more common experience that drivers have of getting a moving violation or traffic ticket. The major difference between these two types of cases is that a traffic ticket is a simple infraction. The only punishment is paying a monetary fine. There is no possibility that one can lose their freedom and serve time in jail.

A DUI or other criminal offense is substantially more serious, because it is either a misdemeanor or felony. Both of these categories of offenses carry with it not only monetary fines, but a chance of potential jail time, if convicted. Getting arrested is certainly much worse than signing a traffic ticket.

Hiring an attorney is the most important decision one can make when faced with a serious legal problem. The obvious reason is that the legal system is complicated, and laden with numerous options which can be negotiated to your benefit with the prosecutor and/or judge. An attorney is your advocate. Lawyers are trained and specialize in the type of problem that you face and have very often had years of experience representing clients just like you and your circumstances. Although not a free pass, having a skilled and experienced courtroom lawyer can navigate the treacherous waters of the legal system to your benefit.

An attorney can change the perception of the judge or prosecutor by bringing out all of the favorable information about your background, family, good work history, church affiliation, and any other positive attributes which make you shine.

Anyone who has been arrested should immediately consult with an attorney experienced with handling the type of legal problem that you are faced with. You should question the attorney as to his experience in handling this type of matter, and his familiarity with the Court were your case is being heard.

Many established law firms, like Hoffman and Associates, offer potential clients a complementary case evaluation. At this consultation, the attorney will review the facts of your case and advise you on the legal defenses and other options available to you. The attorney will tell you whether he feels that you have legal or technical defenses to obtain a dismissal or plea bargain reducing the charges or potential penalties.

Getting an attorney involved early, will guarantee that you will not miss any legal deadlines, or other opportunities to protect yourself against any harsh potential penalties if you are found guilty. It is always valuable to know your options.