Dealing with the Police

Posted by Brianna Wilkins on

policePolice interaction can be a daunting things to figure out. In the moment, when you’re under suspicion, it can be very challenging knowing what to say. Read along for the guidebook on how to behave if you’re under arrest.

Know Your Rights

As Americans, we rely on the police to keep us safe and protect our freedoms. Yet, when you swap roles, and your freedom is at stake, do you know your rights under the law? As a citizen of a free country, it’s important to know and understand your rights so you know how to protect yourself from the government if the need ever arises.

Recording the Police

Though the police often state that tape recording them is illegal it is, in fact, protected by the First Amendment. The police may not like being recorded, but you have the right to record what the government does in public, and especially on your own private property. Since police officers are technically government employees, as long as you are not belligerent or interfering with their work, tape recording the police is perfectly legal. If they become angry and order you to stop, politely inform them that you have a right to do so.

With that being said, it is illegal to secretly record conversations in the state of California. Although all-parties must consent to being recorded in the state of California, this does not apply to recording on-duty police officers. Ultimately, as long as you are standing a safe distance from the police, are not acting belligerent, and are not interfering with their work, recording an on-duty police officer is acceptable and legal under California state law.

Right to Remain Silent

Under the Fifth Amendment, we have the right not to self-incriminate. As a result, you have the right to remain silent and don’t have to speak with a police officer just because of his title.

If an officer asks you a question you’re not comfortable answering, ask about your situation and status. Find out whether you’re being detained or if you are free to go. If you’re being detained, practice your right to remain silent. Nothing you can do or say will get you out of your arrest. In fact, something you may accidentally let slip could put you in jail for a crime you could have avoided by refusing to speak.

Don’t Consent to Any Searches

If an officer makes request to search your vehicle or home, simply say you do not consent to a search.

If they threaten you with a warrant, state you won’t consent to a search without one. In most cases, the police will release you instead of going through the hassle of obtaining a search warrant. This is important because the police must abide by your refusal. So, if the police search your vehicle or home, your refusal to consent to the search may throw out the charges in court.

Some officers may threaten a K9 unit. However, the Supreme Court found that a dog’s lead is no longer grounds for probable cause  without a warrant.

In regard to searches, the police can legally do a “pat down” of your body. They do this to check for weapons, but they aren’t allowed to go inside your pockets.

Although most have the right to refuse consent to a search, this does not apply to those on probation or parole. Those on probation and parole may not legally refuse a search.

Arrest Rights

If a traffic stop leads to an arrest, you still have rights.

  1. First of all, you have the right to make a local phone call, although not necessarily at the scene of the arrest. Note, the police cannot listen to the call if you decide to contact a lawyer.
  2. Additionally, you have the right to continue to remain silent. Don’t give any explanations or excuses for your behavior or the events that led to the arrest, and don’t say anything, sign anything, or make any decisions without first consulting a lawyer.
  3. You have the right to a public defender at no cost to you, If you cannot afford a lawyer.

Build Your Defense

If you feel your rights have been violated, remember that police misconduct is not challenged on the street.

Do not physically resist officers or threaten to file a complaint. This will do absolutely nothing in your favor. Write down everything you remember about the incident, including the officer’s badge and patrol car numbers. If there were witnesses present, get their contact information. If an injury occurred, document the injuries through photographs. Finally, file a written complaint with the internal affairs division of the agency where the police officer works. In many cases, anonymous complaints are allowed.

Hire the Best

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. Hire a criminal defense lawyer in Los Angeles and get working on maintaining your freedom.

Open-Carry Laws in California

Posted by Brianna Wilkins on

Open-carry laws vary around the country. Recently, litigation over the past few years continues to change the laws. It can be confusing to most, trying to keep up with these rapidly changing regulations.

Open-Carry in California

In the past, the state of California permitted individuals to carry unloaded firearms in public. As long as they were displayed in plain sight and the individual wasn’t in a prohibited area, this was fine. At the time, prohibited areas included government buildings, school zones, and post offices. However, since 2012, it is now illegal to openly carry unloaded handguns in the state of California.

The California Assembly Bill 144 of 2011 makes it a misdemeanor to carry an exposed and unloaded gun in public or in vehicles. Violators of the law can face up to a year in prison, or a fine of up to $1,000. The bill exempts those who use guns for hunting or shooting events. Also, it doesn’t apply to those who have permits to carry concealed weapons by law enforcement officials.

Though the Second Amendment protects those who are exercising their right to bear arms and lawfully carry their firearms, the California legislature makes it illegal to carry a weapon openly in public, which can prove to cause complications among gun owners in California.

Decrease in Gun Presence

Backed by California’s top law enforcement group, the law was a response to a proliferation of guns in public. Additionally, doubled with the anxiety and tension that can arise when someone sees another person carrying a firearm in public, encounters can quickly escalate – especially when it’s unknown if the gun is loaded. In an effort to cut back on gun violence, California lawmakers have made the act of carrying an unloaded gun in public illegal.

It’s important to note that the California Assembly Bill 144 is a separate and distinct offense from carrying a loaded firearm in public and carrying a concealed firearm – both of which are crimes in the state.

Penalties

Most people convicted of violating California’s open-carry laws either serve up to one year in county jail or pay a fine of up to $1,000. However, in some cases, offenders may get both penalties. So, those who are at risk for both need to know their rights. These people include individuals who are also carrying unexpended, dischargeable ammunition who are also not the lawful owner of the gun. Additionally, these penalties are for each gun the offender has in his/her possession.

Legal Defenses

If you’ve been arrested for violating the open-carry law in the state of California, there are several defenses an experienced criminal defense attorney can make on your behalf. These include, but are not limited to:

  1. Owner has a valid firearm permit in the state of California
  2. Defendant engaged in activity specifically exempt, like hunting or attending a gun event.
  3. Not carrying the gun in public
  4. The police engaged in misconduct, or
  5. An illegal search and seizure brought about the finding of the gun.

In California, most adults may legally own firearms and ammunition. People who may not legally possess a firearm include:

  • Felons,
  • Narcotics addicts,
  • Anyone with two or more convictions of brandishing a weapon,
  • Anyone convicted of certain misdemeanor offenses, like stalking,
  • Those with mental illness(es), and/or
  • Anyone under 18.

If you are under arrest for violating California’s open carry law, you may face multiple weapons offense violations.  Additionally, you can expect more severe penalties. In which case, call a California criminal defense attorney as soon as possible.

Hire Defense

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

Misdemeanor DUI

Posted by Brianna Wilkins on

Misdemeanor DUI charges are among the most popular driving arrests in the country. In fact, the majority of driving under the influence arrests are misdemeanors. Although a misdemeanor is less serious than a felony offense, it is still a crime in the state of California. So with that crime also comes its own set of penalties. With that said, hire an experienced criminal defense attorney the first chance you get.

Misdemeanor DUI Penalties

Under California state law, even first time misdemeanor offenses carry a fine of:

  1. Up to $1,500,
  2. A six-month license suspension,
  3. Community service requirements, and
  4. Time behind bars.

Though these penalties may seem harsh, they’re quite lenient compared to the penalties for felony DUI.

Drunk-Driving Laws in California

California has two basic drunk driving laws:

  1. It is a misdemeanor to drive under the influence of alcohol and drugs, and
  2. It is a misdemeanor to drive with a BAC of .08% or more.

In most cases, a defendant sees both charges in court. Although the defendant may be charged with both offenses, they can only receive punishment for one. Also, the penalties are the same for both offenses.

Misdemeanor Charges

If this is your first driving under the influence offense, chances are you’ll get a misdemeanor DUI charge.

A DUI arrest triggers two cases. First, the case with the criminal court. Second, a case with the DMV. With misdemeanor cases, there is no need for a grand jury to convene and investigate the DUI charges. Additionally, the offender may keep some of his or her rights. Unlike those convicted of felonies, this defendant keeps the right to serve on a jury, vote, or practice certain professions.

To determine whether your offense is a misdemeanor or felony, the court will review several factors. These include the circumstances of your arrest and any previous criminal activity. Most DUI cases fall under the realm of a misdemeanor unless a few conditions are true. You’re more than likely to face felony charges if you were:

  • Involved in an accident,
  • Driving more than twenty miles an hour over the speed limit, or
  • Driving a passenger under the age of fourteen in your vehicle.

Penalty Information

The penalties for a misdemeanor DUI in the state of California usually include informal probation for up to five years, up to six months in county jail, up to $1,000 in fines, mandatory alcohol and/or drug programs, and a license suspension that can last for up to ten months. Depending on how many previous misdemeanor DUIs are on your record, a mandatory jail sentence may be included in the penalty.

There are a variety of ways to fight a misdemeanor DUI charge in the state of California. Chemical tests come with their own set of inaccuracies, and certain medications may have an effect on your blood alcohol content. Additionally, sobriety checkpoints must adhere to strict legal requirements. If an officer forgets to read you your Miranda Rights, you may win your case.

If you’ve been arrested for a misdemeanor DUI, an experienced criminal defense attorney can help you win your case and protect you and your family from the criminal and financial penalties associated with a misdemeanor DUI.

Third Offense DUI

Posted by Brianna Wilkins on

3rd DUIThird offense DUI charges are more severe than first or second offenses. If you have more than one DUI charge within ten years, you may think you know what to expect.

However, third offense DUI does not carry the same fines, penalties, jail terms and other requirements as the last time.

Under state law, anyone who is a habitual drunk driver, faces harsher punishments each arrest. Just a note: A habitual drunk driver is anyone convicted of more than one DUI within ten years. So, the consequences of a third offense DUI are much worse than other offenses.

Consequences of a Third Offense DUI

The consequences of a third offense DUI depends on a few factors. It depends heavily on whether or not the driver submitted to a chemical test. If a driver arrested for a third DUI in ten years submits to a chemical test, he then faces a less-harsh penalty. He is looking at a two-year license suspension and SR-22 insurance for three years following license suspension. They also have the option of requesting a restricted license after eighteen months.

Those who refuse to submit to a chemical test face much stricter penalties. These include:

  1. Additional license suspension of up to one year for a first refusal,
  2. Two for a second refusal, and
  3. Three for a third refusal.

Additionally, drivers who don’t submit a chemical test cannot obtain a restricted license.

Additional Penalties

According to California Law, a DUI arrest triggers an automatic license suspension. You only have ten days to challenge your suspension with the Department of Motor Vehicles. So, it’s crucial to find a qualified criminal defense attorney quickly.

Once the DMV receives your request, you’ll have a hearing where a DMV official will review the evidence against you. Here, the judge will decide if your arrest was legal. If the arrest was legal, in their opinion, your license will remain suspended.

The punishment handed down from the DMV is separate from the penalties stemming from a criminal conviction in court.

The Criminal Penalties of a Third Offense DUI

These include:

  1. Three-to-five years informal probation,
  2. A fine between $1,800 and $2,800,
  3. A minimum of a two-year loss of your driver’s license,
  4. Mandatory 18-month DUI classes, and
  5. A required 120 days of jail.

Though it is possible to have your jail term converted to an alternative, like home arrest, rehab, or a combination of the two, many counties insist on at least 210 days of jail. Yet others require a full-year prison sentence.

Though these are the typical penalties for a third offense DUI, the specific punishments rely on the specifics of the case and your previous DUI history. If the courts deem your blood alcohol level to be excessively high, or if you caused an accident or had a minor in the car with you at the time of arrest, enhancements can be added to your punishment- including additional time added to your license suspension, increased jail time, or the required installation of an Ignition Interlock Device, a breathalyzer-type device attached to your vehicle which must be blown into before the engine can be started.

If you’re found guilty of a third offense DUI, you’ll also be designated as a habitual traffic offender by the DMV. This designation can increase fines and penalties for future traffic violations.

Hire an Expert Attorney

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.

Second Offense DUI

Posted by Brianna Wilkins on

Second Offense DUI charges are different from first offenses and misdemeanors. If you’re one of the thousands of individuals with a prior drunk driving conviction on your record, being arrested for a DUI once again can be a distressing experience.

Second Offense DUI

The penalties of a second offense DUI are much more serious than those that accompany a first offense DUI. These penalties comparatively include:

  1. Heightened jail time,
  2. A longer driver’s license suspension,
  3. Higher fines, and
  4. Additional punishments.

California state law classifies delineates between repeat and first-time offenders. For example, anyone convicted of DUI more than once in a ten-year period is a repeat DUI offender. Consequently, lawmakers and police officers show little empathy towards these individuals.

Repeat OffendersSecond DUI

Repeat offenses fall under California Vehicle Code 23540.  According to this code, any person convicted of two DUIs within a ten-year period shall be punished by:

  1. “…imprisonment in the county jail for not less than 90 days nor more than one year, and
  2. by a fine of not less than $390 and no more than $1,000…”

Though this is the technical punishment for a second offense DUI, two-time offenders can also expect:

  1. Three-to-five years of probation,
  2. Mandatory 18-month or 30-month court-approved DUI classes, and
  3. A two-year driver’s license suspension in addition to the jail time and fines.

Restricted License

If certain requirements are met, the defendant may request a restricted license. The restricted license may be come after one year of license suspension is complete. Additionally, it comes only if the defendant can:

  • Provide proof of enrollment or completion of a treatment program,
  • Financial responsibility, and
  • The payment of specific fees.

If you receive permission for a restricted license after one year, it comes with a caveat. The judge requires you to install an Ignition Interlock Device (IID) in your car. This breath device is the gate-keeper to starting the car. It attaches to the steering column. To start the car, the defendant blows into the device to show they have a 0% BAC. Once the BAC reads 0%, the car starts. The IID measures blood alcohol content and prevents the car from starting if alcohol shows.

Jail Time & Additional Penalties

Jail time is mandatory for a second offense DUI. There is a required minimum of 96 hours, though many counties will insist on at least ten days. Still, many other counties may require 30.

One factor the DMV considers is whether the motorist takes to take a chemical test. Those arrested who agree to a chemical test upon arrest face the standard penalties. However, those who refuse a chemical test face more severe consequences. Included in the severity is the judges right to refuse a restricted license.

Enhanced penalties may accompany a second offense DUI. This is true if the defendant is:

  • Still on probation for the prior DUI,
  • Driving on a suspended license,
  • Refuses the chemical test,
  • Guilty of speeing more than 30 miles over the posted speed limit, and/or
  • Blowing driver’s alcohol levels exceeding .15%.

Since much of a sentence depends on what a judge sees fit, a qualified criminal defense attorney can help convince the judge that you are worthy of another chance. Upon your arrest for a second offense DUI, remember to contact the DMV within ten days. Hire an experienced DUI lawyer to help you build a defense.

 

If you should find yourself arrested for DUI, talk to a criminal defense lawyer 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.

Find a DUI Lawyer Near Me

First Offense DUI

Posted by Brianna Wilkins on

First DUIFirst Offense DUI charges are unfortunately not unique. If you have an arrest for a first offense DUI, you’re not alone. California police arrest over 200,000 drivers each year for suspicion of driving under the influence. For most of them, this is a first-time arrest.

Unfortunately, in an effort to deter California motorists from violating DUI laws, the penalties are quite severe. Regardless of first or second arrest, those accused are in need of a strong defense.

First Offense DUI Charges

Most people with a simple first offense DUI can expect the same or similar sentences. Provided, there was not an accident associated with the arrest.

Although the criminal penalties of a DUI come to fruition following a court case, the administrative penalties begin immediately. Following your arrest, the DMV revokes your driving privileges and issues a license suspension. In order to challenge this penalty, you must request an administrative hearing within ten days of your arrest.

Criminal Punishment

In addition to the administrative penalties imposed by the DMV, those found guilty of a first offense DUI in the state of California face criminal punishment for their actions.

Depending on the exact circumstances of your arrest, a first time DUI conviction usually includes:

  1. Three-to-five years of probation,
  2. A fine of up to $1,800 (including court fees),
  3. Loss of your license for up to six months, and
  4. Mandatory drug and/or alcohol classes.

Once the driver receives their license, they must maintain SR22 insurance. This insurance is an expensive auto-insurance policy designed for high-risk drivers. This is mandatory for three years following conviction.

Ignition Interlock Device

Beginning July 2010, drivers convicted of a first offense DUI in the counties of Sacramento, Tulare, LA, and Alameda must install an Ignition Interlock Device on their vehicle for five months (twelve months if an injury was involved).

This device requires the driver to blow into a breathalyzer attached to the ignition before they are able to start the vehicle. If the IID detects alcohol on your breath, the vehicle will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.

Though this is a general listing of the penalties for a first offense DUI, there are many factors that can increase the sentence, like an exceptionally high blood alcohol content, prior convictions, having minors in the car, and a collision, regardless if someone was hurt. These are just a few of the ‘aggravating’ factors that can alter the outcome of a first offense DUI case.

Before a DUI conviction, the prosecution must prove three things:

  1. The officer who arrested you had probable cause to stop you,
  2. You violated the state’s DUI laws by driving with a BAC over the legal limit, and/or
  3. Your arrest was lawful.

If the prosecutor fails to prove all three of these requirements, then the charges against you are in jeopardy. A great attorney knows how to request a dismissal of charges.

Immediately Following Your Arrest

Following your arrest, for any DUI offense in the state of California, you only have ten days to request a DMV hearing. This request will postpone your license suspension until after the court hearing. In some cases, requesting the DMV hearing may result in your license suspension set aside indefinitely.

Important: Hire a DUI attorney within that initial ten day period. By doing so, they can request the hearing for you and even represent you at the hearing. Additionally, an expert attorney can give you detailed advice and come up with the best defense for your specific case.

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.

Drug Expungement

Posted by Brianna Wilkins on

drug expungementDrug expungement is a popular option for those who worry about life after conviction. It’s not a perfect solution for everyone, but it’s a great option to consider. An experienced criminal defense attorney can help you work towards expungement.

A drug charge may keep you from living your life the way you desire. From getting a good job and earning more money to purchasing a home, criminal convictions are no fun. Today, more than 80 percent of employers conduct background checks. Consequently, in today’s volatile job market, a drug charge can make job hunts a challenge. Even if you pass a drug test, the challenge persists.

Expungement refers to the process of sealing arrest and conviction records. Once an arrest is no longer on your record, potential employers or landlords have the right to its disclosure. In turn, it’s relatively easy to expunge your California criminal record. If you are eligible, your record can be clear very quickly.

Expungement Eligibility

There are certain entry requirements to meet if you’re looking for a drug expungement. The list is as follows:

  1. Any mandatory drug treatment is complete,
  2. Probation is complete, and
  3. Any other punishments related to the drug charge completed.

If you meet all of the above requirements, you are eligible for expungement in California. This process, if approved will set your conviction aside or dismissed entirely.

Once California releases your conviction, the crime is no longer on your record. As a result, you’re free from all penalties and disabilities resulting from the conviction. Additionally, you don’t have to answer ‘yes’ on criminal history questions on job applications. Truly, it’s as if the crime did not happen.

Other Rights After Expungement

Although a conviction disappears via expungement, not all rights are the same after a conviction. Regardless of expungement, some rights are revoked indefinitely.

One example is the right to possess a firearm. This right will not restore after expungement. Additionally, you must disclose your criminal history in any application for public office or a position as a peace officer. You must also disclose it for licensure by any state or local agency, or when contracting with the California State Lottery. Lastly, you must disclose when serving on a jury.

Keep in mind, your disclosure should not hurt you. Legally, the disclosure of a conviction cannot in any way result in the denial of employment or benefits.

Denial of Expungement

Certain convictions are not eligible for expungement consideration. Firstly, you may not expunge your conviction if you served your sentence in state prison. Also, depending on the severity of the crime, some just may not be up for clearance. Under California state law, some crimes are more heinous than others. These crimes include serious sex offenses committed against children. Additionally, in some cases, murder and other violent crimes are not eligible.

Expungement Process

Before the court will grant you a drug expungement, there are several steps you and your criminal defense attorney must follow. These include:

  1. Analyzing the case to determine you are eligible for an expungement,
  2. Performing legal research regarding the current and relevant law,
  3. Filing the appropriate paperwork within the proper time frames, and
  4. Attending the hearing in court.

Even if you follow these steps, and the judge grants you a drug expungement, there may still be limitations as to what an expungement can do for you. Expunged convictions can still be used as prior convictions in order to enhance sentencing for future crimes, and can be used as a ‘strike’ for the purposes of California’s three strikes law.

In most cases, juvenile offenders and those who have been arrested or convicted for drug crimes may have an easier time expunging their criminal history. It’s important to note that possession of marijuana for personal use should automatically be erased from your criminal record after two years – this does not apply to convictions for growing, selling, or transporting marijuana.

Hire a Lawyer 

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

Find a DUI Lawyer Near Me

Other Weapons Offenses: Bladed and Blunt Weapons

Posted by Brianna Wilkins on
weapons offenses
weapons offenses

Weapons offenses can vary quite a bit depending on the crime. For the most part, most weapons offenses involve the possession or use of illegal firearms. However, lately, a handful of Californians face arrest and detention for carrying all varieties of ‘deadly weapons.’

The state of California has very strict laws on weapons of all types. In fact, the Penal Code makes it illegal to possess, manufacture, import, sell, or give away a long list of weapons prohibited in the state.

Weapons Offenses

California defines a ‘deadly weapon’ as: anything that has the potential to cause death if used in a violent manner.

According to California law, even your fist or car can be a deadly weapon. Of course, this depends on how one uses the so-called weapon. The laws surrounding the purchase and ownership of weapons are strict. If you’re convicted of another crime in which you used a deadly weapon, you can face additional penalties.

At one point in time, all prohibited weapons were listed under Penal Code section 12020. Currently, they’re scattered throughout the Penal Code. Some of the more common ‘deadly weapons’ illegal in the state of California are metal knuckles, nun chucks, and dirks and daggers.

Dirks and Daggers

Defined as a knife or other instrument with or without a hand guard that’s capable of ready use as a stabbing weapon and may inflict significant physical injury or death, carrying concealed dirks and daggers is a violation of California law. Folding pocket knives or utility knives are concealable. If the knife is not open and the blade does not lock. Straight knives and folding knives that are open and locked may be worn under California’s “open carry” knife law if they are carried in a sheath worn openly suspended from your waist.

Other knives, like switchblades and ballistic knives, are illegal under all circumstances. Carrying a concealed dirk or dagger is a ‘wobbler.’ That term is new to most people! A ‘wobbler’ is a crime that can be either a misdemeanor or felony. As a misdemeanor, the charge carries up to one year in county jail. As a felony, it carries a penalty of up to three years in California State Prison.

Nun Chucks

Nun chucks found their way into the Penal code in 1974. They’re not legal in the state of California. Possession of nun chucks is a crime. Consequently, it carries up to one year of imprisonment following conviction. Although nun chucks are illegal, there are certain circumstances where possession is in fact legal. If nun chucks are in the possession of a person or on the premises of a school that teaches the art of self-defense, they’re legal. Additionally, the manufacture and sale of nun chucks to an institution that teaches self-defense is legal under California law.

Metal Knuckles

More commonly referred to as brass knuckles, metal knuckles are illegal. Possession of metal knuckles is a felony. However, metal knuckles, in court is often only a misdemeanor. Furthermore, any person who is in possession of a type of composite, wood, or plastic, is committing a misdemeanor.

Additionally, this criminal offense carries potential jail time, probation, fines and, a permanent mark on your criminal record. Though the items are widely available on the internet and swap meets, they are still highly illegal. Widely available doesn’t always equate to legal.

Hire an Attorney

With all of this in mind, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. If you or someone is facing weapons charges, a criminal defense attorney well-versed in California law can help.

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.

Find a DUI Lawyer Near Me

Vital information on California’s Assault Weapon Laws

Posted by Brianna Wilkins on

Assault weapon laws in California intend to protect the owners as well as other civilians.

Under California law, there are three categories of assault weapons. This list flows from the list of firearms on the original Roberti-Roos assault weapons list. The Categories are as follows:

  1. AK series,
  2. AR-15 series weapons, and
  3. Other weapons defined by specific generic characteristics.

If you’re in possession of an assault weapon, California law states it must carry the proper registration. If the firearm does not have the appropriate documents, the owner faces serious accusations firearms offenses.

Roberti-Roos Assault Weapons Control Act of 1989

Unfortunately for current assault weapon owners, the deadline to register your weapon is far behind us.  In fact, Penal Code 30510 PC (often referred to as the Roberti-Roos Assault Weapons Control Act of 1989) expired in 2001.

Currently, there is no legal way for an individual other than a member of the U.S military or a peace officer to own a registered assault weapon. Unless they owned and registered the assault weapon before the 2001 deadline. Those in possession of an assault weapon registered before 2001 can expect to experience restrictions on its use.

Assault weapons are illegal to purchase in California. Additionally, they may not pass to an heir upon death. If you inherit an assault weapon, you have 90 days to:

  1. Render the weapon inoperable,
  2. Sell the weapon to a licensed gun dealer,
  3. Obtain a permit from the California Department of Justice to possess an assault weapon, or
  4. Remove the weapon from the state altogether.

It is illegal to buy or sell this weapon at pawn shops. Furthermore, attempting to sell an assault weapon online is a punishable firearms offense.

Possession of an Assault Weapon

A person in possession of an unregistered assault weapon may receive either a misdemeanor or felony conviction. If convicted of a firearms offense, they may spend up to three years behind bars. Additionally, if convicted of manufacturing, selling, or transporting an unregistered assault weapon, it’s even worse. These three convictions increase prison sentences to eight years. What’s more, the conviction increases from a misdemeanor to a felony.

Though it is illegal to be in possession of an unregistered assault weapon, the California Penal Code implies that, if arranged in advance, the surrendering of an unregistered assault weapon to the police will result in immunity from prosecution. This immunity is granted in an effort to keep dangerous and illegal firearms off the streets. Many metropolitan areas have gun buyback programs in which a ‘reward’ is given to those who turn in privately owned firearms- both legal and illegal, registered and unregistered. A 2012 gun buyback event in Los Angeles was considered a major success- 2,037 firearms were gathered, including 75 assault weapons, mostly unregistered.

Gun Registration

A common mistake many gun owners make is assuming that the California Dealers Record of Sale (DROS) means the assault weapon has been ‘registered’.  In fact, few know proper registering of an assault weapon includes a separate form and a fee submitted to the California Department of Justice. Your assault weapon is considered to be ‘registered’ only if you receive a letter back from the Department of Justice indicating the registration was successful. Unfortunately, the deadline for registration expired in 2001.

Owning an unregistered assault weapon is a serious offense in the state of California. Since there is no way to register an assault weapon legally in California, and those in possession face serious firearms offenses, it is in your best interest to participate in a gun buyback program or sell your weapon to a gun dealer in possession of a permit allowing them to legally do so.

Defend Your Rights

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Top 5 Police Myths Debunked

Posted by Brianna Wilkins on

Police myths are fun stories to tell with friends or to keep kids in line. However, when it comes to protecting your own rights, and keeping you out of jail, it’s important to know the facts.

Whether you’ve spent too much time watching CSI or have enjoyed one too many popcorn cop films, there are a few myths about law enforcement that many seem to believe. Below you’ll find some common myths about police, and some information that will help clear up the falsities.

Police Myths Debunked

Police Myth #1:

Not Talking to the Police is Obstruction of Justice

One particularly popular police myth is in regard to your right to remain silent.

In fact, if a law enforcement officer questions you on the whereabouts of a friend the night of a crime, is it obstruction of justice to remain silent? No, it is not.

On the contrary, according to the Fifth Amendment, under no circumstances may an officer coerce someone into being a witness against oneself. Usually, at the moment police initially speak to you, you don’t know if you’re a suspect or not. You always have the right to not speak with the police. Although obstruction of justice is a real punishable crime, you can’t be charged with it if all you do is remain silent.

An obstruction of justice charge occurs if you:

  1. Lie to the police,
  2. Destroy evidence, or
  3. Intentionally interfere with a police investigation.

Police Myth #2:

Undercover Police Officers Must Identify Themselves if Asked

Though undercover police officers may identify themselves when questioned in films, they are not required to so in real life. Yet another salient police myth is that these officers may not lie when questions.

This simply is not true. There’s nothing to prohibit law enforcement officers from lying while performing their duties. Still, some claim officers must identify themselves on the grounds of entrapment. However, entrapment involves leading someone into engaging in an illegal activity in which they wouldn’t otherwise do. Unfortunately, if you participate in illegal activity with or near an undercover agent, you will require a criminal defense attorney.  Relying on a claim of entrapment won’t help you, and you need a stronger case.

Police Myth #3:

Criminals Hear Their Miranda Rights or They Go Free

Though commonly done, the “reading of your rights” is not necessary. In fact, it is not even read to everyone arrested, nor does it need to be.

If the police catch you in the act of urinating in public, they have the right to arrest you without reading you your Miranda Rights. At this time, we suggest it’s time to consider a criminal defense attorney.

The warning is designed for people who are about to be interrogated; therefore, if the police question you without reading you your rights, anything you say cannot be used against you in court.   Before you consider hiring an attorney to help you walk away from an arrest where they didn’t read your Miranda Rights, be sure they weren’t simply arresting you for a crime you had already committed.

Police Myth #4:

Everyone Gets One Free Phone Call

The idea that the police have to let you use the phone is a Hollywood invention.

Some jails have pay phones you can use to call whenever you wish as long as the person on the other end is willing to pay for the call.  Other jails may allow you to use their phone only once. Phone calls in prisons and jails are a privilege that disappear whenever you stop behaving yourself. Calls are an incentive to keep you in line. Regardless of the availability of phone calls, you DO have the right to an attorney following arrest. You may speak with an attorney after your arrest and during the time police question you.

Police Myth #5:

Officers Must Be Completely Visible at All Times When Making Traffic Stops

This is one of the police myths that takes us back to the idea of entrapment. Many Americans believe officers who hide themselves when conducting speed enforcement are guilty of entrapment.

However, the laws against entrapment have nothing to do with whether or not an officer is visible while a crime occurs. Instead, entrapment is when police officer encourages someone to commit a crime and then later arrests them for that crime. Hiding behind a bush or building with a radar gun doesn’t qualify as entrapment, because you would have sped even if the police officer wasn’t there: they are simply there to catch you when you do.

Hire an Attorney

You don’t have to do this alone! Don’t fall victim to old, police myths. Call California’s Top DUI attorneys with The Kavinoky Law Firm to stand by your side and defend your case. We employ the best criminal defense attorneys in the state so that we can provide you with the best defense possible. Call 24/7 – we don’t sleep – so you can.

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