Los Angeles DUI Lawyer Blog

California Penal Code Section 12031 claims that a person found carrying a loaded firearm in a public place will be found guilty.

A person will be found "carrying" when they have a loaded firearm on his or her person, or in a vehicle. Public includes not only a public place, but also a public street of any incorporated city or unincorporated territory.

A firearm shall be considered "loaded" for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder, and a bullet or shot, attached in any manner to the firearm. A peace officer has the legal right to check a firearm in a public place to check whether or not the firearm is loaded. A refusal to allow the officer to check your weapon may lead to a lawful arrest.

The "lawful possession" as described in this section of the penal code refers to when a person has either lawfully owns, or has lawfully acquired or otherwise has the authority to carry the firearm.

A violation of this section will be justifiable when the person carrying the firearm reasonably believes that he or she is in grave danger. This section also does not apply to those carrying a firearm by any person engaged in the act of making a lawful arrest.

The section that defines this particular charge is extensive and carries with it a lot of fine print. When charged under this section of the California Penal Code, it is a good idea to consult an experienced Los Angeles Criminal Defense attorney who has not only been practicing Criminal law for over thirty years, but has handled cases similar to yours.

There is a very crucial difference between a DUI arrest and a conviction, one that leads to very different consequences.

A DUI arrest is an allegation made by officers that they have facts supporting a guilty finding for driving under the influence. An arrest doesn't mean that you have been found guilty, it simply means that officers feel that you were driving under the influence and it still remains to be proven. The law will presume you are innocent until you are proven guilty. If you are found guilty in a court of law by either an entered plea, a judge or jury trial, then you will be convicted of a DUI. Until that point, there is no conviction but merely an arrest.

The consequences also have stark differences. With a DUI arrest there is nothing on your record and you are not required to disclose this information to any institution or employer that asks about your criminal record. Remember, a DUI arrest is not on your record because you have not been found guilty of the alleged DUI.

When convicted of a DUI the consequences it has on your life is a lot more intense. You are required to report it to any institution or employer that asks for your criminal record. The DMV will also be notified and will result in a reconsideration of your driver's license and an increase in your auto insurance rates. Additionally, if you are not a natural citizen of the United States then your immigration status may be affected.

An experienced Los Angeles DUI attorney strives to ensure that your DUI arrest doesn't result in a conviction. The consequences of a conviction in comparison to an arrest can significantly change your life.

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimony favorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.

Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.

A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feels it is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.

A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I'd yet to her son

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!

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.

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

A Hit and Run is a common vehicle code violation in the city of Los Angeles. So common in fact, that not only do local citizens get charged daily, but celebrities do as well.

On April 17, 2010, actress Heather Locklear was traced to a Hit and Run incident that occurred in the early morning hours. According to reports, the actress knocked over a "no parking" sign near her home in Westlake Village. She left without notifying any police officers or reporting the damage. The California Vehicle Code requires that anyone who damages property or causes injury to a person with their vehicle must exchange or attempt to exchange information with the injured party. Ms. Locklear left the scene after causing damage, without attempting to notify authorities or the police department.

Due to the fact that the damage was done to public property, the actress would be required, by law, to notify authorities. When defendants leave the scene without providing required information, officers are generally able to pinpoint the source by conducting an investigation. They will often study paint scraped off a car or dents made and will search for corresponding damage at the scene. Additionally, fragments left behind can be traced to the defendant's vehicle. In the current case, officers conducted an examination of debris left at the scene and were able to trace it back to Ms. Locklear's black 2005 BMW.

Because the only damage was to property, the Melrose Place alum was cited under California Vehicle Code 20002 for a misdemeanor. There is potential for the charge to be reduced with an experienced Los Angeles Attorney who will strongly argue mitigating circumstances. Additionally, an attorney who has successfully argued Hit and Run cases many times will present Ms. Locklear in a positive light and negotiate with prosecution.

Regardless of whether you are a big time celebrity as Ms. Locklear, or an average citizen who has been arrested for a Hit and Run, you want the best possible Criminal Defense attorney to argue on your side. Our firm offers reasonable rates that are affordable to all clients and will work with you to ensure you get the help you need. All reputations are at stake when such an incident occurs, and at our firm we understand your stress and will provide the support and comfort you need.

A plea bargain is essentially a compromise on the terms of a case settle a prosecutor and a defense lawyer, and his client. A plea bargain is a common term used in the courts in referring to a negotiation about the specific terms of a case settlement. An example of a favorable plea bargain is a reduction to a misdemeanor when the client has been charged with a felony. The benefit is substantially lowering the potential consequences to the client.

The potential of long-term incarceration is much greater in a felony case, and much smaller in a misdemeanor case. The effect of this plea bargain is that it protects the client from the harsh penalties associated with felony charges.

Another example of effective plea bargaining is when a defense lawyer persuades the prosecutor to reduce the charge. Under the right circumstances, it is possible to reduce a petty theft charge to a trespass charge. The benefit to the client in this plea bargain, is that the potential penalties including jail time are substantially reduced, and most likely eliminated. Further, a trespass charge is a much more favorable charge on one's record, than the appearance of a theft offense which carries a much more negative connotation.

Effective plea negotiations can substitute harsher penalties like jail time, for sanctions like community service or Caltrans. In DUI and criminal cases, fines can be reduced, lengthly alcohol programs can be shortened, in exchange for clients attending alcoholic anonymous meetings, or other conditions.

It is critical that people charged with criminal charges be represented by a skilled and experienced attorney whose primary job is working to reduce or eliminate the most severe of consequences, in exchange for less harsh penalties like community service.

The most important foundation which must be laid, is bringing out all of the positive qualities, and good record of the defendant, thus demonstrating to the prosecutor and judge that although this offense is serious, that a more lenient disposition of the case is warranted based upon the clients positive background and good record.

This effective defense strategy continues to be powerful, even where the facts of the case do not present the client in a positive light. It is always in the clients best interests, to explore the possibility of an effective plea bargain which can substantially reduce or eliminate the often harsh sanctions of a criminal conviction.

In order for the government to bring a case against you for a Hit and Run, all requisite elements must be present. These elements make up the Prima Facie case for a California Hit and Run.

First and foremost there must be damage to either property or person. The extent of the damage, and the nature of the damage, is what will determine which Vehicle Code you will be charged under.

Like much of the Vehicle Code, damage will fall along a range of potential consequences. Slight damage, such as a scratch, will fall along the lower end of the spectrum and will consequently have a lower potential penalty than more serious damage, such as a car that is completely damaged. A car that has been damaged extensively, as a result of a hit and run, will have a more severe penalty.

Similarly, damage to a person also falls along a range. A prosecutor will take into account the extent of injury to the victim, whether the victim suffered minor injuries, or a more significant injury, also considering the potential for permenant damage. Accordingly, an appropriate penalty will be given.

In addition to damage, there must be a lack of exchange of information. Vehicle Code sections for a hit and run require that the driver of the vehicle locate the victim or owner of property damaged, and leave information as required by statute. If the owner of the property is unable to be located, the statute requires that the driver leave a note in a conspicuous place so that the owner receives the correct information.

The driver must leave with the owner or victim a current drivers license, current address, vehicle registration and the address of the registered owner of the vehicle. If the owner of the property cannot be located, the driver must also leave a statement as to what happened to the property damages.

If either there is no damage to any property or injury to person, or if you did attempt to give the injured party your contact information as required by law, the government may not be able to bring a case against you.

However, if these two elements are present, the government can bring a case against you and you may be charged under VC 20002 or VC 20003. Our firm handles Hit and Run cases daily and our team of attorneys appear in court daily in front of Judges all over Southern California arguing for the best possible results. We work hard to prepare a case that shows you in the most positive light and with 30 years of experience our clients have seen many desired results.

The California Penal Code divides the Hit and Run statute into two sections.

California Vehicle Code 20002 requires a) a driver who causes damage to only property, including another vehicle to immediately stop the vehicle in a location that does not impede traffic or jeopardize the safety of motorists. It further requires that the driver b) locate and notify the owner of the property damaged of the current information as provided by the statute; if the owner cannot be notified or located to c) leave a notice in a conspicuous place giving the name and address of the driver along with a statement, and must notify the police department without unnecessary delay.

In contrast California Vehicle Code 20003 requires a) a driver involved in an accident resulting in injury to, or death of any person, shall give their current information as provided by the statute to the person struck, or any occupants of the vehicle collided with. Additionally, the driver of the vehicle must also render reasonable assistance to any person injured in the accident. The driver must also, b) provide identification as asked by the injured party or any officer at the scene.

When a defendant is charged under VC 20002 it will be a misdemeanor. Similarly, when charged with VC 20003 it will be a felony. Under either section, a Hit and Run case can have consequences that can greatly affect your life. With the proper defense a Los Angeles Criminal attorney can reduce a felony charge to a misdemeanor, and a misdemeanor to less. Our firm has represented hit and run clients for over thirty years, including a recent case which resulted in a successful disposition. Trust a skilled and experienced attorney who knows what you are going through and knows what steps must be taken to protect your freedom and good record.