Category: News

Crime Broadcast on Facebook Live is Definition of Felony Stupid, Says Kavinoky

Posted by Nicole Hanratty on January 5, 2017

A gruesome attack on Facebook Live raises new legal questions as felony crimes and hate crimes play out on social media. 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky appears on CNN International January 4, 2017, to delve into the recent Facebook Live beating of one man, who CNN reports has mental health challenges, live on social media resulting in the arrest of four people. Kavinoky calls it, “the definition of felony stupid.” [1] Facebook took down the original video of the attack.
Watch Darren Kavinoky’s appearance on CNN International live below.

A young Chicago man is tied up & beaten — live on Facebook @RosaFlores @DarrenKavinoky @holmescnn #cnn https://t.co/oP4lOGsNpk

— Nate Witkins (@natecnn) January 5, 2017

Felony on Social Media

Criminal Defense Attorney Darren Kavinoky says, “I think we more and more of these social media channels that are available, we’re actually going to see more and more of this. This isn’t the first time that crimes have been resolved thanks to social media.” On the rise in frequency of video evidence due to citizen journalists and officer body or dash cams, Kavinoky says, “It does one of two things. I’ve seen several examples where the video tape contradicts what the officer wrote in a narrative report which is great for me as a defense lawyer. Or, it allows me to have a very frank realistic conversation with my client and say, ‘Hey look, this is a crime that was captured on video tape. So let’s talk about a graceful elegant exit to this case and how we can settle it in the most favorable way.'”

Legal Issues of Hate Crimes

When asked if the crime is worse because it is broadcast live and is possibly a hate crime, Darren Kavinoky replies, “Hate crimes can be motivated by race but hate crimes are motivated by things that are more than just race or ethnic group, it could be motivated by somebody’s disability status. And so, if this is a crime that was motivated in whole or in part by this young mans special needs that can be used to enhance whatever sentence a judge is inclinded to hand out.”

On felony sentencing of cases like this Kavinoky adds, “In the United States criminal justice system, it’s routine that a judge or a prosecutor when they’re considering what kind of settlement to enter into are going to look at what’s called factors of aggravation, (things that make it worse), or factors of mitigation, (things that would tend to lesson someone’s culpability.) Somebody being a special needs person is certainly a factor in aggravation because here we have people that are exploiting the unique vulnerability of this young man.”

SOURCES
1. CNN International.

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Police Teen Beatings “A Tale of Two Cases” Says Kavinoky on CNN International

Posted by Nicole Hanratty on January 5, 2017

Two recent teen beatings stories making headlines of police officers involved in the beatings of teenage girls in two different cities are calling attention to the potentially criminal police encounters and the legal issues surrounding just and unjust police reactions in chaotic situations. What is the proper course of action for a police officer when dealing with a teen and when does the officer’s reaction cross into criminal territory? 1.800.NoCuffs founding criminal defense attorney Darren Kavinoky appears on CNN International on January 4, 2017, to delve into issues calling them, “a tale of two cases.” [1]

Watch Darren Kavinoky on CNN discussing teen beatings by police.

Teen Beatings

Kavinoky says, “The first one from Philadelphia, leaves me with a lot more questions than answers. And I’ve seen that video several times. That shows the difficulty of law enforcement where you’ve got a crowd seemingly out of control. And in some of the versions, it sounds like you hear the words, ‘gun gun gun,’ being repeated. And one of the most dangerous things for a police officer is to be in a crowd setting where somebody can get access to that officer’s weapon, now you’ve got an armed ‘crazy person’ and an unarmed officer. That’s a bad and dangerous situation.”

Police Violence

When asked if age and gender should play into an officer’s reaction to avoid teen beatings, Darren Kavinoky replies, “I believe that it should. What ultimately we need to be concerned with is whether the officer’s conduct was reasonable given the totality of the circumstances. So that suggests that the circumstances are going to have a very significant impact on the appropriateness of the officer’s behavior. So for instance, in the second [North Carolina] clip where that girl gets body slammed, I don’t know that there’s any good excuse for what happened in that second situation and that’s why I say this is a tale of two very different cases.”

SOURCES
1. CNN International.
2. http://www.cnn.com/2017/01/04/us/philadelphia-police-teen-brawl/index.html
3. http://www.cnn.com/2017/01/04/us/north-carolina-officer-body-slams-student/

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Darren Kavinoky On Adam Jones Escalating Criminal Charges

Posted by Staff on January 3, 2017

The NFL is plagued with players making headlines for the wrong reasons and Adam “Pacman” Jones is the latest pro football player to face criminal charges.[1] Adam Jones was arrested and admitted by Hamilton County Sheriff’s Department on January 3, 2017, at 12:25 AM. Jones faces four charges including harassment with a bodily substance, obstruction of official business, disorderly conduct, and assault. The total bond amount for all charges totals $37,500.[2]

CBS News reports that the trouble started for the thirty-three-year-old Jones in a bar, “where Jones was allegedly beating on doors, yelling, cursing and refusing to stop when asked.” [1] Pacman is due in court Tuesday, January 3, 2017.

Criminal Charges

“One of the things that the criminal justice system is routinely concerned with is ensuring that someone doesn’t become a ‘repeat customer’ of the court,” says criminal defense lawyer Darren Kavinoky. “Sadly, based on what’s been reported, neither the NFL, nor the criminal courts, have been able to curtail the parade of allegations that have been going on for years, most of which appear to have been fueled by alcohol.”

“Moving from the Tennessee Titans to the Dallas Cowboys to the Cincinnati Bengals has only changed the geography of the incidents; it is like rearranging the deck chairs on the Titanic: until the underlying behavioral issue is truly dealt with and resolved, escalating incidents of misconduct will only result in increased punishment in court, and discipline from the NFL.”

Past arrests for the Atlanta, Georgia native include Jones’ arrest in 2006 outside a bar where he was charged with both disorderly conduct and public intoxication.[3] And in 2013, Jones was arrested outside of a Cincinnati nightclub for punching a woman in the head. He was found not guilty.[4]

SOURCES
1. Staff. January 3, 2017. CBS News. “Cincinnati Bengals’ Adam “Pacman” Jones arrested again, facing several charges.” Retrieved via http://www.cbsnews.com/news/adam-pacman-jones-cincinnati-bengals-arrested-again-facing-several-charges/

2. Hamilton County Sherriff’s Office. Retrieved on January 3, 2017 at .

3. August 26, 2006. Titans cornerback arrested. Online Athens. Retrieved via .

4. AP. August 8, 2013. NFL.com. Bengals’ Adam Jones found not guilty of assault charge http://fw.to/GXsxgYW.

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New DUI Laws for Ignition Interlock Device in 2017

Posted by Staff on December 29, 2016

The new DUI laws for 2017 will extend the current Ignition Interlock Device pilot program created in 2010 in the California counties of Alameda, Los Angeles, Sacramento and Tulare for two more years. Then, beginning January 1, 2019, the IID program will be implemented statewide.

The ignition interlock device pilot program established by the Department of Motor Vehicles continues through July 1, 2017. It was established on July 1, 2010. The existing law governing the ignition interlock device program is “in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated …a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.” [1]

California DUI Laws

In California, Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) provides that “the court may require that a person convicted of a first DUI offense install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with BAC of 0.15 percent or more, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed 3 years from the date of conviction.” [2]

Ignition Interlock Device

What is an Ignition Interlock Device? According to California’s Department of Motor Vehicle website, an Ignition Interlock Device or IID as it is known is, “larger than a cell phone and is wired to your vehicle’s ignition.” It is easily installed in a vehicle and takes only a short period of time to install. It functions by requiring you to breathe into the machine prior to the engine starting. “If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.” [3]

A new bill, “SB-1046 Driving under the influence: ignition interlock device (2015-2016)” extends the pilot program for the device in the aforementioned counties through January 1, 2019. The amount of time the ignition interlock device is required to be installed in the vehicle(s) corresponds directly with the prior number of convictions.

SB-1046 states that beginning January 1, 2019, (and through January 1, 2026), someone with a suspended license as a result of driving under the influence that is “eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.” [1]

“This new law is a positive step forward to help slow the revolving door of unlicensed, uninsured drunk drivers who continue driving at the public’s peril,” said David Kelly, Executive Director of CIIM. [4]

California DUI Arrests

Looking for information on what to do if you arrested for a DUI? Read more about California DUI law here.

1.800.NoCuffs experienced DUI lawyer Michael Meehan shares his DUI advise here about the right to remain silent.

SOURCES
1. SB-1046 Driving under the influence: ignition interlock device.(2015-2016) Retrieved on Decembe 29, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1046.

2. Retrieved on December 29, 2016 via http://www.ncsl.org/research/transportation/state-ignition-interlock-laws.aspx.

3. DMV. State of California. Retrieved on December 29, 2016 via .

4. Coalition of Ignition Interlock Manufacturers. September 28, 2016. “California Governor Brown Signs Ignition Interlock Bill, Praised for Positive Step Forward to Curb Drunk Driving.” Retrieved via http://www.prnewswire.com/news-releases/california-governor-brown-signs-ignition-interlock-bill-praised-for-positive-step-forward-to-curb-drunk-driving-300336253.html.

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New Year’s Eve DUI Checkpoints in California

Posted by Staff on December 29, 2016

New Year’s Eve brings out the celebration, champagne, and the DUI checkpoints in California. If you want to avoid a DUI arrest, it will be best to plan ahead and designate a sober driver. However, even with the best-laid plans, and as we saw recently in California with the overly caffeinated driver being arrested for DUI, a very sober driver can be arrested for driving under the influence. [1,2] And as we have seen first hand at 1.800.NoCuffs, dolphins do get caught in the tuna net.

On the subject of DUI arrests, 1.800.NoCuffs Founding Attorney Darren Kavinoky says, “A DUI charge can potentially impact anyone who has taken anything that impacts them from the neck up, whether prescribed or not, legal or illegal.” Kavinoky adds, “The only question is whether the person who consumed the substance is able to drive with the caution characteristic of a sober person, under similar circumstances. An excessive amount of caffeine is a ridiculous example, but not shocking, especially if someone is hypersensitive to the impact of caffeine on their system.”

DUI Checkpoints New Year’s Eve 2017 in California

Current news articles about DUI checkpoints over the New Year’s Eve holiday (this article may be updated as news releases occur):

DUI Checkpoint in Santa Maria – Public News – Santa Barbara Edhat https://www.edhat.com/site/tidbit.cfm?nid=179351
Police to hold DUI checkpoint Friday in Vallejo http://www.timesheraldonline.com/general-news/20161228/police-to-hold-dui-checkpoint-friday-in-vallejo
Richmond police to conduct DUI checkpoint Friday
New Year’s DUI cops plan to be out in force in Sonoma County http://www.petaluma360.com/news/6484834-181/new-years-dui-cops-plan

There are general resources that try to provide current up to date information about locations of DUI Checkpoints in California. 1.800.NoCuffs has no affiliation whatsoever to these sites.

http://www.nixle.com/
http://patch.com/
https://www.facebook.com/California.DUI.Checkpoints

http://www.duiblock.com/dui_checkpoint_locations/california/

California DUI Arrests

Looking for information on what to do if you arrested for a DUI? Read more about California DUI law here.

1.800.NoCuffs experienced DUI lawyer Michael Meehan shares his DUI advise here about the right to remain silent.

Are DUI Checkpoints Legal?

While there are currently twelve states that do not conduct sobriety checkpoints because their state laws don’t allow for them, California does legally have the authority to conduct checkpoints with the goal of eradicating drunk driving. “The U.S. Supreme Court ruled in 1990 that states had a compelling interest in eradicating drunk driving, and that public safety concerns outweighed any concerns about ‘intrusion’ into drivers’ privacy. The challengers in the case had claimed that these checkpoints were unreasonable searches under the 4th Amendment, but the Court found them reasonable under the circumstances.” [3]

SOURCES
1. Aparminder DEO and John Torres, M.D. December 29, 2016. wrcbtv.com. Retrieved via http://www.wrcbtv.com/story/34148057/4-things-to-know-about-caffeine-the-surprising-substance-behind-a-california-mans-dui.

2. Staff. Fox News.com.

3. Retrieved on December 2, 2016 via http://dui.findlaw.com/dui-arrests/dui-checkpoints.html.

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drone laws, crime scene, criminal court case, federal case

California Rings In 2017 With New Criminal Laws

Posted by Nicole Hanratty on December 29, 2016

California has new criminal laws taking effect beginning January 1, 2017. From gun control to cell phone regulations and underage prostitution laws, new restrictions will be implemented when the 31st state admitted to the Union rings in the new year.

Three New Criminal Laws for 2017 in California

1. Powdered Alcohol. Assembly Bill No. 1554 regulates the sale of a little-known product, powdered alcohol, and creates a new criminal law. “This bill would prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined. This bill would prohibit the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol and would make the specified violation of these provisions punishable as an infraction.
This bill would impose a state-mandated local program by creating a new crime.” [1]

2. Sexual assault. Probation will no longer be an option in criminal cases of sexual assault wherein the victim was either unconscious or severely intoxicated. The new law AB2888 states that a victim can’t consent to have sex while unconscious, drugged, medicated, or intoxicated by alcohol. The bill “prohibit[s] a court from granting probation or suspending the execution or imposition of a sentence if a person is convicted of rape, sodomy, penetration with a foreign object, or oral copulation if the victim was either unconscious or incapable of giving consent due to intoxication.” [2]

3. Sex Crimes In a move that protects young people, anyone under the age of 18 will no longer be charged criminally for prostitution. Instead, children under the age of 18 will be treated as victims under new criminal law SB1322. The bill “authorizes the minor to be taken into temporary custody under limited circumstances.” The bill also states “(2) Notwithstanding paragraph (1), this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.”[3]

4. Hands-Free Cell Phone Use While Driving. With over 39 million residents in the state of California, cell phone mount sales will certainly see a spike with the new laws governing texting and driving. With the passage of AB1785, any motion on the phone other than a one finger swipe will be illegal starting January 1st. You will no longer be able to hold your phone in your hand while driving. Using the speaker phone function and voice commands are still allowed so long as the phone is not in your hand. Fines for first offense begin at twenty dollars ($20) and increase to fifty dollars ($50) for subsequent offenses. “(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.” [4]

California Cell Phone Laws and Restrictions

The law that will be enacted on January 1, 2017, also states:

23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger. [4]

SOURCES
1. AB-1554 Powdered alcohol.(2015-2016). Retrieved on December 28, 2016 via https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1554&search_keywords=powdered+alcohol.

2. AB-2888 Sex crimes: mandatory prison sentence.(2015-2016). Retrieved on December 28, 2016 via https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2888.

3. SB-1322 Commercial sex acts: minors.(2015-2016). Retrieved on December 28, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1322.

4. AB-1785 Vehicles: use of wireless electronic devices.(2015-2016). Retrieved on December 28, 2016 via http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785.

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Dylann Roof Will Call No Witnesses For Sentencing

Posted by Staff on December 28, 2016

The criminal case against Dylann Roof is captivating the nation and, according to an ABC report, Roof says he will not call any witnesses during the sentencing phase of the death penalty case against him. [1] Roof is representing himself in the case wherein Roof was found guilty of killing multiple parishioners of the Charleston, South Carolina church.

Witnesses

The purpose of calling witnesses on behalf of the defense in the sentencing phase of a trial is to plead for a lesser punishment. In the case where the death penalty is in play, calling witnesses could help to spare the life of the convicted.

An alternative to the death penalty is a life sentence, in which the person convicted spends the remaining years of his or her life in prison.

Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “This is also an excellent illustration of how capital cases (i.e., cases involving the death penalty) are unique. Whether those criminal cases are in state court or federal court, they are broken up into two separate and distinct phases: the so-called ‘guilt phase,’ where the jury is tasked with deciding whether the government has proved each and every element of their case beyond a reasonable doubt; and the ‘penalty phase,’ where the choices are life in prison without the possibility of parole, or death.”

Roof continues to assert his right to represent himself.

SOURCES
1. Emily Shapiro. December 28, 2016. ABC News. “Dylann Roof Says He Won’t Call Witnesses During Sentencing in Federal Death Penalty Case.” Retrieved via http://abcnews.go.com/US/dylann-roof-call-witnesses-sentencing-federal-death-penalty/story?id=44429348.

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Deadly 2016: From Celebrity Deaths to DUIs

Posted by Staff on December 27, 2016

It was a deadly 2016. From the litany of celebrities lost to deaths on the road from DUI, the past twelve calendar months leave a dark cloud of loss over the memory of 2016. “Who died in 2016” is now a popular search term as the public digests all of the lives the year has taken.

From notables in government to greats in the entertainment industry and sports, 2016 buried people who defined generations. Janet Reno, Tom Hayden, Alan Thicke, Prince, John Glenn, Carrie Fisher, George Michael, Zsa Zsa Gabor, Florence Henderson, Leonard Cohen, Arnold Palmer, Jose Fernandez, W.P. Kinsella, Gene Wilder, Garry Marshall, Elie Weisel, Christina Grimmie, Gordie Howe, Muhammad Ali, Morley Safer, Doris Roberts, Will Smith, Patty Duke, Merle Haggard, Garry Shandling, Frank Sinatra Jr., First Lady Nancy Reagan, Harper Lee, U.S. Supreme Court Justice Antonin Scalia, Glen Frey, and David Bowie are just a few of the accomplished individuals who passed away in 2016. [3]

On top of all of that, CBS News reports that 2016 may go down as the deadliest year on record for DUI as well. [1] The report cites this statistic from NHTSA, “Every day, 28 people in the United States die in an alcohol-related vehicle crash—that’s one person every 53 minutes.” [2] Despite campaigns to educate the public on the dangers and consequences of drunk driving, the rates of DUIs are going up according to this CBS report.

Deadly 2016

NHTSA administrator, Dr. Mark R. Rosekind says in an interview with Kris Van Cleave, “We’re seeing these increases that we have not seen in fifty years. It’s tragic.”

SOURCES
1. Kris Van Cleave. December 26, 2016. CBS News. “M2016 feared as deadliest year for drunk driving.” Retrieved via http://www.cbsnews.com/videos/2016-feared-as-deadliest-year-for-drunk-driving/.
2. NHTSA. Retrieved on December 27, 2016 via .

3. CNN. Retrieved on December 27, 2016 via http://www.cnn.com/2016/01/05/world/gallery/people-we-lost-2016/index.html.

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Mom Hands Child Sippy Cup of Wine When Pulled Over for DUI

Posted by Staff on December 27, 2016

If you are pulled over for a DUI, don’t complicate your arrest. Alcohol is a known substance that “reduces the function of the brain, impairing thinking, reasoning and muscle coordination.” [1] In Goshen, Ohio, a mom admitted to handing her sippy cup full of wine to her 5-year-old child in the backseat of the car after she was pulled over for a DUI. [2] This is an example of impaired thinking that can complicate matters if you are pulled over for DUI. Elizabeth Louise Floyd, age 27, was booked in Hamilton County on December 23, 2016. [3]

DUI Arrests

Floyd’s case is an example of how people panic when they are pulled over and they know they have been drinking. While the best way to avoid being arrested for DUI is not to drink and drive, our attorneys also understand the fear and panic of being pulled over. Making a rash impulsive decision to hand alcohol to a child is ill-advised as it can complicate your case and add to the charges filed against you.

If you are pulled over for a driving under the influence, remain calm. As Founding Attorney of 1.800.NoCuffs Darren Kavinoky, always says, “The right to remain silent only helps you if you choose to exercise it.”

Be polite but let an experienced DUI attorney answer the questions for you. If you are looking for information on how to fight a DUI, download our free “California Legal Guide” eBook here.

SOURCES
1. NHTSA. Retrieved on December 27, 2016 via .

2. Staff. December 27, 2016. Via Tribune Media Wire on q13fox.com. “Mom pulled over for DUI handed wine ‘sippy cup’ to 5-year-old in backseat, police say.” Retrieved via http://q13fox.com/2016/12/27/mom-pulled-over-for-dui-handed-wine-sippy-cup-to-5-year-old-in-backseat-police-say/.

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Mistrial For Sheriff Lee Baca Not A “Get Out Of Jail Free Card”

Posted by Staff on December 22, 2016

According to KABC in Los Angeles, the former LA County Sheriff Lee Baca trial ends in mistrial today. The article states, “Baca, 74, was facing trial for conspiracy and obstruction of justice for allegedly interfering with an FBI investigation into civil rights abuses and corruption in the Los Angeles County jails.” [1]

Sheriff Lee Baca

Of the mistrial, Founding Attorney of 1.800.NoCuffs Darren Kavinoky says, “A deadlocked jury doesn’t mean a ‘Get out of jail free card’ for Mr. Baca; prosecutors have the discretion to have a do-over, to settle the case, or to dismiss.”

“This is a window period where a great criminal defense lawyer is worth his or her weight in gold, and truly impact the outcome,” says criminal defense attorney Darren Kavinoky.

According to the LA Times, “Jurors said they were split 11 to 1 in favor of an acquittal.” [2]

Tweets on the breaking news today about the mistrial declared in Sheriff Lee Baca’s case:

Jurors say they are hopelessly deadlocked in Lee Baca’s obstruction trial; judge must decide what action to take https://t.co/KjI8eYU32Q

— L.A. Times: L.A. Now (@LANow) December 22, 2016