Don’t Celebrate the 4th of July in Jail for a DUI

Posted by John Devendorf on

All across the country people will be celebrating the 4th of July, Independence Day, with picnics, BBQs, and fireworks. There’s nothing quite like hanging out outside with family and good friends, standing around the grill with a cold beer in hand. Luckily, the Fourth of July falls on a Saturday this year, so most people won’t have to worry about getting in early to work the next day. However, everyone who goes out to celebrate needs to have a plan in place if they plan on drinking so they won’t have to drive home after having too much.

High Rate of Incidents

Some of the days with the highest rates of drunk driving accidents and arrests are around national holidays. These include Thanksgiving, New Year’s Eve, Labor Day, Memorial Day, and the 4th of July. In fact, July 4th has regularly been the date with the most automobile crash fatalities all year long. According to the Insurance Institute for Highway Safety, (IIHS), between 1986 and 2002, July 4th averaged 161 traffic accident-related deaths each year, compared to any an average of 117 deaths per day for most of the rest of the year.

Higher rates of traffic deaths on the 4th may be due to increased alcohol consumption over the course of a long day, dehydration from being in the sun which can increase the effects of alcohol, and many people taking to the road on summer trips. However, the higher numbers of intoxicated drivers on the road over the Independence Day weekend is no secret. Law enforcement is well aware of the increased likelihood of drunk drivers over the holiday.

Police Patrols Step Up

Police departments and the California Highway Patrol are on the lookout for impaired drivers around the 4th of July, with added patrols that will look for signs of intoxicated driving to pull over suspicious drivers. This may come from erratic driving, driving without headlights at night, weaving or straddling lanes, and other traffic violations.

Additionally, some areas will set up sobriety checkpoints to nab suspected drunk drivers. The police departments generally announce these locations with great fanfare and plenty of time. The point of this is to let people know patrols will be out, as a way to enhance the deterrence effect against driving under the influence.

Get Home Safe on the 4th of July

It may be easiest to designate a driver who will not be drinking, to get a ride home. However, things don’t always go as planned. Many groups offer sober rides home for those who’ve had a bit too much.

The National Highway Traffic Safety Administration (NHTSA) has put together a list of some of the sober ride programs. Of the programs available in California, some will also tow your car home. Make sure you have these numbers handy before going out. Also, remember to confirm that they are participating in sober rides this 4th of July.

These services include:

Be My DD, 1-877-823-6933, which can drive you and your vehicle home for a fee. This is available in Anaheim, Fresno, Los Angeles, Napa, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Clarita, and Ventura.

Santa Clarita Valley Safe Rides, 661-259-6330. This service is for teen drivers cannot drive or who want to avoid a ride with an intoxicated driver. They can get a free ride home, and the service is confidential.

Additionally, in many locations the Automobile Club of Southern Californiaand AAA Northern California offer safe ride services on select dates for members and nonmembers. This service is also called the Tipsy Tow or Tow to Go program.

Get the Help You Need

If you should find yourself arrested for DUI, talk to a talk to a DUI lawyer in San Francisco and 10 other locations at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

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No Roadside Marijuana DUI Test For Now

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A roadside Marijuana DUI test is not something is not part of the standard practices of the California police.

Marijuana Citation for DUI

If, in a routine traffic stop, the police claim they believe you are using marijuana, you can receive a citation. Things that corroborate this belief include the smell of marijuana in the car, blood-shot eyes, or drugs in the car. However, these are all very subjective claims, they don’t prove anything.

The only way for the police to tell whether the driver used drugs is a blood or urine test. Only after sending the tests for analysis will the police or prosecutors have any evidence of drugs in the system. Currently, law enforcement is looking for an easier way to test for the presence of marijuana during a roadside test.

Lawmakers and Roadside Drug Tests

Unfortunately for police, it looks like California law enforcement must continue to wait for now. Tom Lackey, the Republican Assemblyman representing Palmdale, authored an assembly bill to give police officers the tools to do roadside drug tests. Similar to a breathalyzer, which tests blood alcohol levels, portable drug testers are already legal in over a dozen states. However, the Assembly committee rejected adding California to that list.

Lackey’s bill did not even get enough support to advance out of the Assembly Public Safety Committee. It was rejected 2-to-1, with 4 Democrats abstaining. Not surprisingly, law enforcement organizations supported the bill. However, the Drug Policy Alliance and defense attorneys opposed the bill. Lackey called the defeat “a setback for roadway safety.”

For now, police officers will be limited to breathalyzer testing for alcohol only. But with so many problems with the accuracy of roadside breathalyzers, would preliminary marijuana screening devices be any more accurate? Preliminary Alcohol Screening devices are nowhere near 100% accurate. They have to be regularly checked for accuracy every 10 days, or 150 tests. Even then, they have a margin of error, and there are many things other than alcohol that can register false-positives.

Downside of a Roadside Marijuana DUI Test

One of the primary problems with a Marijuana DUI Test is that someone can test positive for certain tests days or weeks after using. This means, well after any effects of the marijuana dissipate, a person tests positive. However, devices such as the Alere DDS2 claim to detect marijuana within 2 to 3 hours of use, and also detect cocaine and methamphetamine. However, others are concerned that the detection of THC in the body does not correlate with the impairment of a marijuana user. A cannabis dispensary owner, Lanette Davies, is concerned that, “this is just another way of having zero tolerance for people with THC in their system.”

Legalization of Marijuana

California may soon be considering legalizing recreational marijuana. Similar to Colorado and Washington, it appears California may enact recreational policies. With recreational use of marijuana legalized, police expect to see an increase of drivers operating under the influence of marijuana. This, in turn, may drive the demand for roadside drug tests. Assemblyman Lackey announced he plans to reintroduce the bill next year.

Hire Help

Although there is no Marijuana DUI Test for now, you still are at risk if you drive under the influence. If you’re arrested for driving under the influence, call The Kavinoky Law Firm at 1.800.NO.CUFFS right away. We hire only the best to provide you the best defense possible. Don’t let a DUI ruin your life, let us help you get your life back. Call 24/7 – we don’t sleep – so you can.

Summertime Brings Boating Under the Influence Enforcement

Posted by John Devendorf on

Unfortunately, boating under the influence season is here. The last day of school is here! Recreational boaters take to the local waterways to enjoy the summertime sunshine during boating season.

Since college and university students are out for the summer as well, young people and families will take advantage of the outdoors. Many will boat in the marina, Pacific Ocean, and local lakes. However, a nationwide initiative is underway to enforce boating under the influence laws.

Many people who enjoy boating in the summertime sun also like to have a cold beer or two while out on the water. However, even if you don’t take to the highways after boating, you can still be charged with operating under the influence if your watercraft is stopped and you are determined to be under the influence of alcohol or drugs.

Boating Under the Influence is a Crime

Boating under the influence, or BUI, is a violation under the California Harbors and Navigation Code, with possible penalties of up to $1,000 fines and up to 6 months in jail. As part of Operation Dry Water, agencies across the country participate in the program to raise awareness. Additionally, the program increases enforcement of boating under the influence laws. Locally, the Los Angeles Sheriffs at Castaic/Pyramid Lakes and Marina del Rey; the Los Angeles Port Police; and U.S. Coast Guard are participating in the program. June 26 to 28, 2015 is now the Operation Dry Water heightened enforcement weekend.

Operation Dry Water

Operation Dry Water has been an annual tradition in BUI enforcement over the years. Launched in 2009 by the National Association of State Boating Law Administrators with the Coast Guard, the mission of the operation is to bring awareness and education to recreational boaters about the dangers of alcohol and drug use while out on the water. According to the U.S. Coast Guard, alcohol is the primary contributing factor in recreational boating fatalities. Agencies will put out increased patrols to look for boaters with a blood alcohol content (BAC) over the 0.08% California limit. Boaters found to be intoxicated may face arrest for a BUI.

We have a number of outdoor recreation areas for boating here in Southern California. These areas include Marina del Rey, the Port of Los Angeles, Lake Perris, Big Bear Lake, Lake Arrowhead, Lake Castaic, and even the Colorado Lagoon in Long Beach. Make sure you understand the California BUI laws before taking to the water in any of these lakes, beaches, or parks this weekend.

BUI Convictions

A BAC of greater than 0.05%, but less than 0.08% does not create a presumption of intoxication. However, it is a sign of intoxication, which police may use as evidence. However, a BAC of 0.08% or greater creates a presumption that the boater was under the influence of alcohol. For boaters under the age of 21, there is a zero-tolerance policy towards BUIs. Knowing this, an individual under 21 with a BAC of only 0.01% or greater will face arrest. A BUI conviction counts towards a prior offenses. A drunk driving conviction within 10 years of a BUI is technically a second DUI. The penalties will increase from the first conviction.

Kavinoky Law Firm

If you find yourself under arrest for driving or boating under the influence, call an experienced criminal defense attorney at The Kavinoky Law Firm immediately. We employ your Top DUI Lawyer LA, CA. We hire the best attorneys in Los Angeles to provide the best defense possible. Call anytime 24/7. We don’t sleep – so you can.

Don’t Get Fooled By A Phony DUI Checkpoint

Posted by John Devendorf on

Don’t fall into a trap set up by a phony DUI checkpoint.

California DUI laws increase in enforcement during summer months. During this time the use of sobriety check points amps up. By now you know about what you need to know when confronting a DUI checkpoint. Armed with that information, what do you do if you come upon a traffic stop that seems a little less than legitimate? At least one driver was confronted with this decision when he was stopped at a fake roadside checkpoint in Pennsylvania.

A phony DUI checkpoint can leave you and your passengers wishing you knew the difference.

Phony DUI Checkpoint Cases

In the early morning hours of May 31st, 19-year-old Logan Shaulis set up a roadside checkpoint on Route 601 near Somerset. He parked his vehicle on the side of the road, and set up some road flares. Shaulis stopped a driver, identified himself as a state trooper, and asked for the usual license, registration and insurance. The problem is Shaulis was not a state trooper, despite his claim as a member of the state police drug and alcohol division.

When the stopped driver asked to see some identification, the fake trooper handed over his own driver’s license, saying he was Steve Rogers. (Steve Rogers also happens to be the name of Captain America). Unfortunately for Shaulis, real state troopers showed up on the scene. At that point, Shaulis tried to hand off a BB gun to the stopped car’s passenger, saying, “I can’t get caught with this.”

Needless to say, the real state troopers could easily spot a sham. Shaulis’ roadside stop was a violation of state laws. Somerset Borough Police Chief Randy Cox said the checkpoint wasn’t very realistic, adding local police don’t man solo checkpoints. As in California, sobriety checkpoints are usually stocked with a dozen or so law enforcement officers, and multiple marked vehicles.

Shaulis received a variety of charges. These charges include, impersonating a public servant, carrying a firearm without a license, unlawful restraint, possessing an instrument of crime, official oppression, criminal coercion, reckless endangerment, harassment, disorderly conduct, and that’s not all! In addition to carrying a portable scanner and handcuffs, his inebriation caused trouble as well. He drove under the influence of alcohol and displayed public drunkenness.

Checkpoints Follow Guidelines

Based on Supreme Court decisions, and National Highway Traffic Safety Administration (NHTSA) recommendations, sobriety checkpoints should adhere to certain guidelines. These may be helpful in spotting phony checkpoint from a legitimate law enforcement DUI checkpoint. The site selection for a DUI checkpoint should emphasize:

  • location with a high incidence of impaired driving related crashes;
  • least amount of inconvenience and intrusion to motorists;
  • visibility from a far distance so that motorists have time to stop safely;
  • safety to the general public and officers;
  • ample shoulder space to detaine motorists and vehicles;
  • electronic warning signs or devices;
  • sufficient roadway illumination and lighting; and
  • the presence of uniformed officers and marked vehicles to confirm legitimacy.

Perhaps Shaulis was not aware of the constitutional requirements of a sobriety checkpoint. However, we can learn from some sure signs that the checkpoint was not legitimate. These signs include the lack of official uniform, marked law enforcement vehicle, police identification, and the odor of alcohol on the not-trooper’s breath.

Should you find yourself in need of a good DUI or criminal defense attorney, look no further than The Kavinoky Law Firm. Call us 24/7, 365 days a year. If you’re in trouble, give us a call or click for a free consultation. We don’t sleep – so you can.

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How to Keep Driving After License Suspension for DUI

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License suspension is a common penalty if for those caught of driving under the influence (DUI).

DUI and Associated Penalties Include Your License

In California, those penalties include a suspension of your driver’s license, fines, jail time, and mandatory drug or alcohol rehabilitation classes. While these legal penalties can seem like a lot, they often lead to other problems, as well. These indirect punishments often make the DUI penalties seem trivial.

For a first DUI conviction offense in California, you face a six-month license suspension. A suspension in a driving-intense part of the country as California is challenging. Additionally, this penalty potentially leads to ancillary problems.

If you need to drive to work, like nearly everyone in the state, license suspension can cost you your job. Even if you don’t lose your job, a six-month period of no car, is a major hassle. Getting to and from work, relying on public transportation, or on friends and family to get you where you need. This causes stress and creates tension in the personal relationships that matter the most to you.

Prevent a Loss of License

In California, for your first DUI conviction, it’s possible to regain driving privileges. First, you serve out 30 days of the suspension and then you may apply for a restricted license. This restricted license allows you to drive to, from, and during work. You may also drive to and from any rehabilitation classes as part of a legal requirement as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

To get a restricted driver’s license even with a license suspension:

  1. Enroll in a rehabilitation program,
  2. Serve 30 days of your license suspension, and
  3. File an SR-22 form, showing that you have insurance.
  4. Next, go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

There are cases in which courts require the installation of an Ignition Interlock Device (IID) in your car.  Once the IID is in place, and all other requirements as well, the court grants a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Exceptions to the Rule

Unfortunately, getting a restricted license is not an option if you refused to take a breathalyzer when you were arrested for DUI. Additionally, failure to complete your rehabilitation classes will result in your restricted license being revoked.

While the restricted license does limit where and when you can drive, it also allows you to get to and from work, which can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life.

Call 1.800.NO.CUFFS for a free consultation with a criminal defense attorney. Call us 24/7. We don’t sleep – so you can.

Would You Buy a Drunk-Driver Proof Car?

Posted by John Devendorf on

There now exists the concept of a drunk-driver proof car. Have you heard of it? Many people wait eagerly in anticipation of this vehicle, but let’s make sure we have all the facts.

Drunk-Driver Proof Car

Would you buy a car that has an alcohol sensing device installed to prevent intoxicated individuals from driving? It may be coming soon to a vehicle near you.

The National Highway Traffic Safety Administration (NHTSA) and a group of automakers and suppliers are working to create something new. They’re creating a device, they claim, is a Drunk-Driver Proof Car. This car supposedly prevents drunk drivers from even starting a car. The Automotive Coalition for Traffic Safety (ACTS), represents 17 car manufacturers and the NHTSA. These organizations want to see a specific device in all cars, an in-vehicle technology to prevent alcohol-impaired driving.

The two types of potential technology to do this include chemical breath and touch sensors. Known as the Driver Alcohol Detection System for Safety (DADSS), these devices automatically shut down the car if the driver’s alcohol level exceeds the legal limit of 0.08 percent blood alcohol concentration (BAC).

The breath testing system involves sensors placed in the driver’s side door or in the steering wheel. Once the driver enters the car, a beam of infrared light analyzes molecules in the driver’s breath. this analysis then determines the level of alcohol in the system. A Swedish automotive technology company initially brought the infrared light system to the market to test for terrorist bomb-making materials.

An alternative DADSS system would use a touch sensor on the ignition button or gear shift to shine a light onto the driver’s finger to analyze the driver’s alcohol level. According to car makers, these systems will be available as an optional addition to cars sometime in the next 5 to 8 years. The NHTSA says that there are currently no plans to make these systems mandatory, but they may be installed in government vehicles and fleets.

Lawmakers and Lobbyists

Some lawmakers are applauding a future without drunk drivers. Nita Lowey, a Representative from New York said the program has amazing promise, and could be the new auto safety advance, taking a permanent seat in the vehicles of the future along with seat belts and airbags.

However, the alcohol and restaurant lobbies aren’t fans of these systems which they say wouldn’t stop drunk driving. Case in point, Sarah Longwell, of the American Beverage Institute worries that these systems may stop responsible drivers who’ve only had one or two drinks. “The fact is there is a lot of discussion right now about lowering the legal limit from 0.08 to 0.05. That would put a 120 pound woman in a situation where she could get arrested for a DUI after a single glass of wine with dinner.”

The Ignition Interlock Device: Ahead of The Drunk-Driver Proof Car

An earlier version of this type of technology is already in operation. Some drivers with a DUI in California use an ignition interlock device (IID). Following a suspended or revoked license, in order to drive again, many must install an IID.

The IID is a device that requires an alcohol-free breath sample in order to start the engine. It also requires periodic samples while driving, and it records any failed breath samples. The device is currently mandatory for DUI violators in four counties: Alameda, Los Angeles, Sacramento, and Tulare. However, some lawmakers want the program to go statewide. Although, with the adoption of an alcohol detector in all cars, the IID could become obsolete.

Don’t Fight Alone

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

When California Car Crashes Lead to Murder Charges

Posted by John Devendorf on

Car crashes rank among the scariest events on the road. Anyone who has been in a car accident is familiar with the feeling that comes immediately after the car has come to a stop.

First you check yourself and your passengers to make sure you’re okay. Then you may check your car, and the people in the other car. If everyone is okay, then you’ll think about the major headache to come, with calling the police, reporting the accident to the insurance company, and dealing with a damaged car. However, in some cases, if another person is seriously injured or killed, you may face criminal charges.

Accidental Car Crash

Most car crashes are just that, they’re accidents. Additionally, in most cases, people involved in an accident leave and head home without any criminal charges. However, circumstances change depending on what the driver was doing at the time of the accident. In the case where a person dies, the driver may face manslaughter or even murder charges.

Some California drivers have recently found themselves charged with murder after a car crash, due to:

  • Drunk Driving
  • Street Racing
  • Road Rage

A Few Notable Examples

Brian Jones

Brian Jones, a man in Livermore, California was involved in a car accident killed a 46-year-old woman and her 14-month-old daughter. According to reports, Jones was under the influence of alcohol driving at speeds of 75 to 99 miles per hour through residential streets, when he lost control of his car. The car went off the road, and hit the woman and her daughter, before crashing into the back of an apartment patio area, where two other children were injured.

Jones blew a blood-alcohol level of 0.14 percent, almost double the legal limit of 0.08 percent. He was charged with two counts of murder and two counts of DUI causing injury. Jones decided to plea not guilty, and is being held in jail without bail. Due to his plea, Jones currently faces a potential sentence of life in prison.

Even for drivers who are not under the influence, car crashes and reckless driving can put them in jail facing murder charges. The Fast and Furious movie franchise shows the exciting side of street racing. Sadly, the film does not play up the possibility of real prison time if a person loses their life. A young man in Orange County now knows the dangers of street racing.

Alec Abraham

Alec Abraham, 20-years-old, of Costa Mesa faces charges of a hit-and-run crash. Unfortunately, this crash that killed a 54-year-old woman and her 2-year-old granddaughter. Deputy District Attorney Stephen Cornwell said Abraham ran a red light. He then crashed into a another vehicle where the two victims were killed. Abraham also injured two others. One account claims Abraham even looked into the victim’s car and then left. Reportedly, he asked to borrow a bystander’s cell phone then ran away with the phone. Officers arrested Abraham the next day.

The car crashes may stem from a street race between Abraham and another unidentified driver. Initially, the state charged Abraham with two counts of vehicular manslaughter with gross negligence. However, the state later upgraded the charges to murder counts. According to Cornwell, this upgrade found roots in some new evidence and witness statements.

Car Crashes: Intent or No Intent

In these cases, the state is not trying to show that the drivers held intent to kill. They, however, do wish to prove the drivers’ reckless behavior created a high risk for death of another.

With that said, however, a California woman is likely facing murder charges for causing fatal accident. Allegedly, she intentionally ran over a motorcyclist in what CHP officers are calling a road rage incident.

Darla Renee Jackson allegedly got into some disagreement with a man on a motorcycle. They went back and forth along the I-5 in San Diego, onto the State Route 54 near National City. According to the CHP, Jackson hit the motorcycle from behind, and then ran over the driver, who later died. Jackson now may be facing murder charges.

Ask for Help

If you find yourself on the wrong side of the law and in need of a criminal defense lawyer, call The Kavinoky Law Firm. Our experienced lawyers practice all parts of defense and keep up-to-date on the latest legal proceedings.

1.800.NO.CUFFS

 

California Sex Offenders Penalties Increase

Posted by John Devendorf on

California sex offenders face some of the toughest penalties in the country.

As such, part and parcel of punishment for sex crime conviction is to join the sex offender registry for life. as Megan’s Law allows for much of the personal information of a sex offender to be publicly available.  Of course, some civil liberties groups and convicted sex offenders want to see change. They argue that a one-time conviction should not remove all future opportunities. However, the general public supports tough penalties, and may even be pressing for further restrictions.

Penalties for California Sex Offenders

Penal Code § 290 requires convicted sex offenders to register as such. Registration takes place in their city or with the sheriff’s department directly. Additionally, law requires the offenders check in every year on their birthdays and with any change of address.

Convictions which may require registration include:

  • Sexual Battery;
  • Rape;
  • Indecent Exposure;
  • Lewd Acts with a Child;
  • Child Pornography Crimes; or
  • Child Molestation.

Although the laws are strict, there are a few exemptions. Indeed some people convicted of sex crimes do not have to register as sex offenders.

Discretion of Judges to Lift Registration

Judges have the discretion to spare some adult offenders from the lifetime sex offender registration. This discretion occurs when the offending sexual intercourse was non-forcible. For example; a young adult who has consensual sex with someone underage may not face the requirement. After all, the registry is a truly life-altering sentence.

In 2006, discretion for judges was expanded. Here, a California Supreme Court decision gives judges more leeway in cases of oral sex.  Judges received leeway to be treat oral sex differently than full intercourse.

Discretion Lifted

However, that said, the same court changed their position earlier this year. A convicted sex offender who was not required to register based on a judge’s discretion. Sadly, the man violated his probation by working with teenage girls in the Miss Rio Linda Pageant. Those young girls faced exposure to a sex offender. As a result the court claimed judges were applying their 2006 ruling too broadly. They state it wasn’t intended for older defendant engaging in sexual activity with much younger victims.

In this case, the offender was 48-years-old at the time. He received a conviction for oral copulation and penetration with a foreign object of a 17-year-old girl.

More Prison Time

Taking back discretion is not the only place the law is coming down even harder on sex offenders. A California state senator introduced a bill to increase prison time for sex offenders who remove GPS trackers. Sen. Patricia Bates of Laguna Niguel authored the bill that cruised through the senate with unanimous support. SB 722 make it a felony for the highest level of sex offenders to disable or remove required GPS bracelets. Violation includes up to 3 years in prison.

The bill was introduced after two homeless sex offenders kidnapped and killed four women from Anaheim and Santa Ana. They served a few months in prison previously for cutting off their GPS bracelets. Determined as they were, they did this twice.

Unemployment and Poverty

The laws limiting where sex offenders can live, increasing penalties, and requiring lifetime registration are popular with the public. However, the real-life impact of such laws could bring about a lifetime of unemployment and poverty for convicts. Many of whom have a hard time finding employment after they serve their sentence. Additionally, many are forever shunned by the communities where they live.

Frank Lindsay received a conviction of lewd and lascivious acts with a minor under 14-years-old when he was 26-years-old, in 1979. After serving his sentence and probation, he tried to move on with his life. In 1996, the creation of the public federal sex offender list put Lindsay’s name online. Of course, his life hasn’t been the same since. Neighbors and business contacts no longer treat him the same way, and one man even threatened him after breaking into his house.

Due to his experience, Lindsey takes part in an organization called California Reform Sex Offender Laws. In part, their mission is to create a tiered system for California sex offenders. This ensures that those each offense receives a different level of punishment. They argue that one person with a conviction of public nudity is not in the same category as violent rapists. Civil rights advocates argue public registries do not reduce sexual crimes or recidivism. Now, an estimated 6,000 registrants of convicted California sex offenders may be homeless, and as a result, difficult to monitor.

Get the Help You Need

The Kavinoky Law firm hires only the most experienced criminal defense attorneys in Los Angeles. If you find yourself facing a criminal conviction, don’t do it alone. You can call us anytime 24/7, 365 days a year. We don’t sleep – so you can.

Some Forensic Science Found to be Less Than Scientific

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A Test of Bad Forensic Science

Before the advent of DNA testing, U.S. law enforcement relied on a number of different bad forensic science techniques to connect people to crimes. Such as, handwriting samples, microscopic hair analysis, and even bite marks. As may be expected, some of these sciences are not always completely accurate.

Recently, the FBI teamed with the Department of Justice (DOJ), the National Association of Criminal Defense Lawyers (NACDL), and the Innocence Project. The teams released an announcement that they concurrently and separately reviewed microscopic hair analysis cases. The result of these cases is disconcerting. In fact, it’s downright alarming.

A Difference of Opinion

According to the FBI’s press release:

“FBI microscopic hair analysts committed widespread, systematic error, grossly exaggerating the significance of their data under oath with the consequence of unfairly bolstering the prosecutions’ case.”

As Slate Magazine so aptly puts it: “The FBI faked an entire field of forensic science.” The result is, according to University of Virginia law professor Brandon L. Garrett, a “mass disaster.”

The “faked,” or bad forensic science involved microscopic examinations of hair found at the scene of a crime, as well as the hair of a suspect. In fact, this was a common practice of law enforcement for nearly thirty years. That is, until 2000, when the FBI started examining full DNA rather than just the hair itself. The DNA analysis works much better.

In reality, the microscopic hair examination technique barely worked at all, if ever. Even the Committee on Identifying the Needs of the Forensic Science Community called the practice “highly unreliable.” Nonetheless, FBI forensic experts commonly testified in trial that the technique not only worked, but was enough to prove a suspect’s guilt.

Too Many Defendants

According to the FBI’s own report, too many scientists miscalculated the results. Twenty-six out of twenty-eight forensic scientists in the microscopic hair comparison unit “overstated forensic matches in ways that favored prosecutors.”

After examining hair found at a crime scene, the scientists compare it to a suspect’s hair in a lab. Upon finding similarities between the two, the forensic scientists often claimed the hairs matched. Unfortunately, these findings made their way to their “expert witness” testimony during trial.

This similarity/match testimony happened at a staggering rate. Of the cases that the FBI reviewed to date, 90% of the cases apply. This affected 284 defendants at their trials. This is poor, bad forensic science.

Many of the convicted defendants privy to the unfortunate microscopic hair analysis are serving jail time for felony offenses. For some, the impact was irreversible. According to the FBI’s press release,

“defendants in at least 35 of these cases received the death penalty and errors were identified in 33 of those cases… Nine of these defendants have already been executed.”

The FBI is taking steps to right their wrong. They are notifying affected defendants and allowing federal defendants to make appeals. Normally, this type of practice is not allowed in federal court. However, most of the defendants in question received state court convictions. It is now up to the states to allow these cases to reexamine these cases.

The Kavinoky Law Firm is closely monitoring the situation in California. If you believe bad forensic science practices impacted your freedom, speak with a criminal defense attorney at 1.800.NO.CUFFS. all 24/7, 7 days a week, 365 days a year.

California Proposition 47 Gives Felons New Hope

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California Proposition 47 is giving felons a chance to receive new charges from the state. In essence, a reduction from a felony to a misdemeanor offense.

California Proposition 47

First enacted November 4, 2014, the law passed by voters reclassifies several theft and drug crimes from felonies to misdemeanors. However, the reclassification is not automatic, and a petition has to be filed before the November 2017 deadline. If you or someone you know has a minor felony criminal charge, then it is important to note this proposition. If the charge is one of the specific violations below, you have three (3) years to take advantage of the opportunity to reduce the charges.

In California, a felony conviction can affect the rest of your life. It can have an impact on your future employment, education opportunities, and even your ability to join the military. However, thanks to California Proposition 47, some low-level felons can have their convictions reduced to misdemeanors. Once reduced, then former felons will be able to answer “no” to any questions about a felony conviction on job applications.

Reclassification will apply both to current inmates serving their felony sentence, and because it is retroactive, to people who have already served their time as well. As a result, thousands of state prison and county jail inmates have been released from prison after a reduction of their minor drug and theft crimes.

Eligible charges for reduction under California Proposition 47 include the following theft and drug-possession crimes.

Theft Crimes

  • Property theft where the value of the property is $950 or less [Cal PC § 490.2 and § 459.5]
  • Receiving stolen property if the value is $950 or less [Cal PC § 496(a)]
  • Forgery of a check, money order for $950 or less [Cal PC § 473(b)]
  • Passing bad checks for $950 or less [Cal PC § 476a(b)]
  • Petty theft with a prior, with some exceptions [Cal PC § 666]

Drug-Possession Crimes

  • Possession of:
    • Some controlled substances [Cal HSC § 11350]
    • Concentrated cannabis [Cal HSC § 11357(a)]
    • Methamphetamine [Cal HSC § 11377]

There are a few exceptions to the rule. When the individual has disqualifying priors such as prior convictions for serious or violent offenses, as well as convictions which require the individual to register as a sex offender.

Reclassification

Eligible individuals may petition the superior court where they were sentenced to have their felony conviction reclassified as a misdemeanor. However, the exact process may depend on your county. Additionally, most counties even provide a template or standard form to submit your petition, including Riverside; Los Angeles; San Diego; San Bernardino; Sacramento and Orange County.

A California criminal defense attorney may be able to assist you with filing the petition. For those still in prison for the reclassified crime, the court has discretion based on a risk of danger for the public. However, for those already released, the court does not have discretion to deny relief, and eligible individuals must be granted misdemeanor reclassification.

Reclassification from a felony to a misdemeanor may also have a large impact on immigrants facing possible deportation. With this in mind, a clear record for an immigrant allows some eligibility for relief under DACA or DAPA. If so, they will no longer present as convicted of a “crime of moral turpitude.” Under federal law, misdemeanor sentences are less than a year. This could bring relief for thousands of California’s immigrants.

Support You Need

Should you find yourself in need of a Los Angeles attorney, call the lawyers at The Kavinoky Law Firm. We are here for you 24/7, every day of the year. 1.800.NO.CUFFS is the number you want to remember and hope you never need.