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Top 10 myths about sex offenders

Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

 

DUI / DWI Arrests in Lassen, Plumas, Sierra and Butte Counties

DUI / DWI Arrests in Lassen, Plumas, Sierra and Butte Counties

If you’ve been arrested for DUI / DWI anywhere in Lassen, Plumas, Sierra or Butte counties, including Quincy, Paradise, Chico or Yuba City, you need an expert California drunk driving lawyer fighting for your rights. The experienced Quincy DUI / DWI lawyers of The Kavinoky Law Firm will fight aggressively to protect you from fines, driver’s licenses suspensions, jail, and the other consequences of a drunk driving arrest.

A drunk driving arrest can happen to anyone – it’s whether you choose to aggressively fight your DUI / DWI arrest that sets you apart. However, it’s difficult to know what to do first, particularly if it’s your first experience with the criminal justice system. A knowledgeable Quincy DUI / DWI lawyer will guide you through every detail of your drunk driving case, including posting bail or getting released on your own recognizance (OR) and requesting a hearing with the California Department of Motor Vehicles.

After everything you’ve been through, requesting your DMV hearing is probably the last thing on your mind, but if you don’t request a hearing within 10 days of your DUI / DWI arrest, you risk the automatic suspension of your driver’s license.

Fortunately, it’s possible to successfully fight your DMV suspension just as you can challenge your DUI / DWI charge in criminal court. If your attorney can successfully challenge or exclude the state’s evidence at your DMV hearing, your license cannot be suspended in the DMV’s administrative action. However, the court can order your license suspended if you’re convicted in criminal court.

You are probably understandably nervous about facing a jury in criminal court, but learning about the court process can make the experience less nerve-wracking. Your Quincy DUI / DWI lawyer will start fighting your drunk driving charge long before the case goes to trial. Your attorney will analyze every aspect of the case against you, including your chemical test and your field sobriety test, to determine the most effective challenges.

You may wonder whether there is any point to fighting your Lassen, Plumas, Sierra or Butte county DUI / DWI charge, but you should know that a drunk driving charge doesn’t result in a slam-dunk conviction – not even close. The experienced Quincy DUI / DWI lawyers of The Kavinoky Law Firm are ready to fight your drunk driving charge in Paradise, Chico, Yuba City and Quincy. To find out more about proven defenses to your drunk driving charge, contact us today for a free consultation.

Release Conditions in Sex Offense Cases

Release Conditions in Sex Offense Cases

When arrested for a California sex crime, the accused is permitted to post bail, to be released on his or her own recognizance (also referred to as OR release) or the offender will be denied bail, based on the specific crime or crimes alleged. Whether or not the individual’s bail may be modified without a hearing will also depend on the charged offense. An experienced sex crime defense attorney is the key to navigating this system with ease and understanding.

The bail for certain sex offenses will be set according to a bail schedule. These offenses include those that involve obscene materials, rape (when the alleged victim is incapable of consenting due to a mental or physical disorder or when he or she is unconscious, under the influence or submits under the false belief that the perpetrator is his or her spouse), statutory rape, spousal rape (when the alleged victim is under the influence or unconscious or is threatened by incarceration or deportation), oral copulation (with a minor over 14 or under the circumstances described above under rape), sodomy (with a minor over 14, under the same circumstances or when threatened by incarceration or deportation), sexual penetration (under the same circumstances), indecent exposure, prostitution, pimping, pandering, bigamy, incest, sexually assaulting an animal, abduction for marriage, contributing to the delinquency of a minor or situations where a public entity employee engages in sexual activity with an involuntarily committed resident.

With respect to the above offenses (some being misdemeanors, some being felonies), the bail may be modified upon an application that may be submitted by the arresting officer, by the defendant or by anyone on his or her behalf. Public safety will be the main consideration for the court in determining whether or not to raise or lower the set bail or whether to release the accused OR.

Certain sex crimes require that a hearing be held before the accused may have his or her bail modified. These crimes include lewd or lascivious acts with a child under 14, sexual penetration with a child under 14 who is also more than 10 years younger than the accused, and the continuous sexual abuse of a child. When a hearing is held, the judge will primarily consider public safety, but will also consider the defendant’s flight risk, his or her prior criminal history and the severity of the pending case. When considering these issues, the judge presumes that the accused is guilty, which is another reason why it is imperative for the accused to have a skilled criminal defence attorney who knows how to persuade the judge otherwise..

There are certain sex offenses where bail doesn’t apply, because they are considered so serious. These include rape, spousal rape, oral copulation, sodomy, sexual penetration or lewd or lascivious acts performed on or with a child under 14 where force or threats were used to accomplish any of these acts, or where the accused acted in concert with another while committing or attempting to commit these offenses.

If arrested on a bailable offense and denied an OR release, the accused can elect to post cash bail or a bail bond. If the accused posts cash bail, he or she remits the full bail amount, which will be returned at the conclusion of the case if he or she attends all court appearances. If the accused posts a bail bond (the more commonly-used option), he or she pays a bail agent or bondsman 10% of the bail amount and the agent then pays the rest. The bondsman may also require additional collateral, which he or she may keep or sell if the bond isn’t refunded at the conclusion of the case due to the defendant’s failure to appear.

The outstanding attorneys at The Kavinoky Law Firm are unsurpassed in California sex crime defense. They are dedicated to helping their clients get released from custody as quickly and inexpensively as possible, and providing the best defense throughout the entire criminal court process. Contact them today for a free consultation.

 

 

Prohibited Sexual Conduct By Public Entity Employees

Prohibited Sexual Conduct By Public Entity Employees

California regulates the sexual activity of those who are responsible for providing care to others in public treatment facilities and public detention facilities by prohibiting sexual activity with those who are involuntarily confined within these institutions. If convicted of this type of sex crime, the accused faces either a misdemeanor or a felony and will most likely lose his or her job as well. The outstanding criminal attorneys at The Kavinoky Law Firm excel in California sex crime defense and are dedicated to protecting their clients from these devastating penalties.

Any employee or officer of a public entity treatment facility or adult or youth detention correctional facility or any employee, officer or agent of a private facility that contracts with a public facility who either rubs or touches the breasts or sexual organs of an adult who is involuntarily confined in such an institution or of oneself in the presence of and with knowledge of the patient or inmate, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or of the other will be charged with a misdemeanor, punishable by up to six months in county jail and a maximum $1,000 fine.

Any person who holds a position as described above who engages in “sexual activity” with such a confined individual will face either a misdemeanor or a felony, punishable by up to one year in county jail or state prison and a maximum $10,000 fine. Within this context, “sexual activity” refers to sexual intercourse, sodomy, oral copulation or sexual penetration.

If an individual is convicted of this offense (and was previously convicted of a violation of this section) the charge will be labeled a felony. Anyone who is convicted of a felony violation of this section who is employed by a Youth and Adult Correctional Agency will be terminated and will not be eligible to be hired or reinstated by a Youth and Adult Correctional Agency.

It must be noted that consent is assumed with respect to this crime, and therefore will not serve as a defense to the charge. It will be a defense, however, that the alleged sexual activity took place between consenting adults during an approved overnight conjugal visit or as the result of physical contact or penetration that was made pursuant to a lawful search or due to bona fide medical examinations or treatments.

In order to best avoid the consequences that may be imposed in connection with this charge, it is imperative that the accused hires a criminal defense lawyer who has mastered California sex crime defense. The skilled attorneys at The Kavinoky Law Firm have done just that. They receive ongoing education and training with respect to this specific area of the law, and keep up-to-date with sex crime laws, defenses and cutting-edge trial strategies. This knowledge gives them a tremendous advantage over the competition, and gives their clients a smooth path through the criminal courts system. With law offices located in Los Angeles and throughout this state, The Kavinoky Law Firm is conveniently located for anyone in need of a criminal defense lawyer who focuses on California sex crime defense. Contact them today for a free consultation, for the most trusted legal advice and for unsurpassed representation.

Top 10 myths about sex offenders

The social stigma that attaches when someone has only been charged with a sex crime makes it almost impossible to receive a fair trial. The skilled criminal attorneys at The Kavinoky Law Firmspecialize in California sex crime defense and know the most effective ways to dispel the myths that pervade our society, to ensure that their clients receive fair consideration from skeptical judges and jurors.

The following are the top 10 myths that our society readily believes regarding sex offenders.

1. All child molesters are pedophiles.
Fact: Child molesters do so for a variety of reasons, often unrelated to sexual desires. Their victims may be incidental and their primary sexual orientation may even be towards adults. They may molest a child to meet an unmet emotional need.

2. All pedophiles are child molesters.
Fact: Pedophiles have a strong sexual desire towards children but many are content fantasizing in private. Many rely on pornographic materials to fulfill their fantasies in the safety and comfort of their own home, never actually molesting a child.

3. Child pornography collectors molest children.
Fact: Some child molesters use child pornography – not all child porn collectors molest children. Research reveals that many child molesters aren’t stimulated by child porn and (if they collect pornographic materials at all) actually collect adult porn. There is no evidence to suggest that sex offenders use pornography with any more frequency than non-offenders.

4. All convicted child molesters re-offend.
Fact: A convicted child molester may have molested a child because of poor self-esteem, due to a perceived inability to be close with an adult partner or to escape feelings of powerlessness and loneliness. Many molest due to a specific circumstance and not based on an ongoing need.

5. The more serious the initial offense, the more likely the person will re-offend.
Fact: This is perhaps one of the most commonly exploited myths – and easy to dismiss with research and reports. Recidivism (relapse) rates for sex offenders are lower than for the general criminal population and rape (one of the most severe sex crimes) has an extremely low relapse rate.

6. All convicted rapists re-offend.
Fact: This, too, is a largely publicized, political fear-tactic that has no bearing on reality. Convicted rapists have one of the lowest recidivism rates among criminals, and the only group that is lower is convicted murderers.

7. Most sexual assaults are committed by strangers.
Fact: Regardless of whether the victim is an adult or a child, the fact is that most sexual assaults are committed by an individual known to the victim or to the victim’s family. 9 out of 10 rape or sexual assault acts involve a single offender who had a prior relationship with the victim as an acquaintance, intimate partner or family member.

8. Indecent exposers are rapists waiting to happen.
Fact: This is a huge leap. Indecent exposers (also known as flashers) reportedly engage in such behavior to feel validated. Many believe that they are performing a harmless act and that flashing is a victimless crime.

9. Punishment is the best deterrent.
Fact: Certain types of rehabilitation have a much better deterrent effect on recidivism than punishment. The fact is that longer prison sentences have a higher recidivism rate than shorter sentences – those more than 2 years increased the rate and those less than 6 months had no effect on the rate. Research supports that cognitive-behavioral therapy is the best treatment for adult offenders (focusing on the social influences, values and habits that contribute to these crimes, teaching techniques to cope) and that systematic therapy is the best treatment for adolescent offenders (focusing on the needs of family and other social systems that influence these offenders, including peers and school).

10. Treatment for sex offenders doesn’t work.
Offenders who successfully complete treatment programs re-offend less often and less seriously than those who receive no therapy – period. Research continually reveals that sex offenders can be successfully treated.

To learn more, contact the outstanding sex crime defense lawyers at The Kavinoky Firm for a free consultation.

Criminal Law 101

Criminal Law 101 – Post-Conviction Relief

Many individuals convicted of criminal offenses in California worry that their records will follow them forever, but post-conviction relief is an option in some cases to clear a criminal conviction and put the incident into the past. The knowledgeable defense lawyers of The Kavinoky Law Firm are well-versed in California post-conviction relief options, and will fight to help any individual clear up a criminal record. Post-conviction relief options vary case by case but in general, will depend on three key factors:

  • Whether the case was charged as a misdemeanor or a felony; and
  • Whether the offense was chargeable with time in jail or prison; and
  • Whether probation was included in the sentence and has been completed.

Because there a lot of legal terms that people may not be familiar with, this section will provide definitions and highlight several key components common to most post conviction options. The most common post conviction relief options include: sealing and destruction of records, expungement, felony reduction, and certificates of rehabilitation and/or pardon.

Misdemeanors vs. Felonies: When evaluating a case for the first time, a criminal defense attorney will first want to know whether the prior offense was charged as a misdemeanor or a felony. Ultimately the difference between a misdemeanor and felony comes down to the severity of the offense and the punishment that can be imposed.

Misdemeanors typically involve fines and are punishable by not more than a year in county jail. They are considered less severe than felonies. Felonies, by definition, are punishable with a year or more in state prison. While any time behind bars is difficult, technically county jail is considered less severe than prison and is reserved for less serious offenses.

Probation Requirement: In addition to jail or prison, most crimes include a period of time when a person is restricted from doing certain things. In general, probation is commonly included as a condition of conviction in nearly all misdemeanor crimes and some felonies. Probation can be either formal (i.e. supervised by a probation officer) or informal (it is up to the individual to comply with the terms). In many cases even something seemingly small, like getting a traffic ticket while on probation can be enough to cause the original judge to impose additional penalties such as additional jail time. Post conviction relief is not generally available until the probationary period is over.

Typically felonies attach a prison term and parole. There are different post conviction options for parolees including certificates of rehabilitation and/or pardons. However, certain felony offenses are considered less serious, so the judge may have granted county jail time and probation. In these cases, misdemeanor post-conviction relief would be available.

Early Termination of Probation: Most post conviction relief is unavailable to individuals whom have not yet completed their entire probationary term, with certain exceptions. California penal code section 1203.3 allows a judge to modify or revoke probation or terminate probation on a case by case basis. This is an important aspect to any discussion on post conviction relief since expungement and other relief is generally unavailable if you are still on probation. Under PC 1203.3 a probationer can petition the judge to terminate probation early. Early termination of requires a skilled defense attorney to go before the judge and make an argument in favor of early termination.

Wobblers: Most offenses are clearly defined by the penal code as either misdemeanors or felonies. However, there are always exceptions. Certain crimes, referred to as “wobblers” can be charged by the prosecutor as misdemeanors or felonies. In some cases people may not remember the details of their prior convictions and laws may have changed over the years. As a general rule, county jail and probation are clear indicators that a crime was charged as a misdemeanor.

Common examples of wobblers include certain DUI / DWI offenses, drug possession, assault and domestic violence offenses. If a conviction of a wobbler offense includes county jail time – regardless of whether any actual time is served) – and probation, then the conviction is eligible for misdemeanor relief including sealing of records, reduction of felony to a misdemeanor and/or expungement. Straight felony convictions, on the other hand, would require an application to the governor via a certificate of rehabilitation or pardon.

As stated, felonies by definition are more serious than misdemeanors. In certain cases wobblers may rise to the level of a felony if certain aggravating circumstances are present, for example, when someone is actually injured. Straight felonies – those that are not wobblers – attach a specific prison term, and in most cases, there is a start and end date with a possibility of parole. Individuals convicted of felonies which were paroled, have stricter standards as they relate to the availability of post conviction options. Generally, in order to relieve the civil consequences of a prior felony conviction requires application of pardon or certificate of rehabilitation, which are more lengthy and involved than misdemeanor relief options.

A California criminal conviction doesn’t have to follow an individual through life, hampering opportunities for employment, education, housing, and other necessities. The experienced, caring defense lawyers of The Kavinoky Law Firm are experienced in every aspect of post-conviction relief, and will explore every option available to clean up an individual’s criminal record. Contact a skilled attorney today for a free consultation.

New California Laws for 2010

New California Laws for 2010

The U.S. Supreme Court has ruled that criminal suspects’ statements can be used against them if they fail to invoke their rights.
The court ruled 5-4 that criminal suspects have a duty to invoke the rights outlined in the historic Miranda vs. Arizona decision, including the right to remain silent and to have an attorney present during questioning. In the past, the court held that the government had the burden of demonstrating that a suspect had knowingly and intelligently waived his rights.

Tuesday’s ruling addressed a Michigan case where a man was convicted of murder based largely on his one-word response to a question after nearly three hours of interrogation.  His conviction was overturned by an appeals court that ruled that using his answer to convict him violated his right against self-incrimination. The Supreme Court’s ruling overturned that decision.
Our constitutional rights have eroded considerably in recent years, so it’s more important than ever to have a skilled defense lawyer on your side if you’re under investigation for a criminal charge.  The top California defense attorneys of The Kavinoky Law Firm are well-known for standing up for the rights of their clients, and will do everything possible to protect you during a criminal investigation. Contact a skilled California defense lawyer today at 1-800-NO-CUFFS for a free consultation.

A new year brings new laws in California, and 2010 is no exception.  There are a number of new laws on the books that impact convicted DUI drivers and certain individuals charged with theft or other property crimes. Another new law increases the amount of time credit earned by certain inmates in California county jails and prisons.  Yet another new law prevents authorities from sending low-level, non-violent offenders back to prison for parole violations. As in every year, the list of new California laws is lengthy, so we’ve summarized the most noteworthy ones here. If you have any questions about any of these new laws and how they will affect your case, you can always contact The Kavinoky Law Firm at 1-800-NO-CUFFS.

Two new laws will impact many individuals convicted of DUI. AB 91 creates a pilot program that requires every driver convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare counties – even first offenders – to install and use an ignition interlock device.  The law will remain in effect until 2016, when the pilot program may be extended and expanded to include other counties.

SB 598 is a bill that will allow DUI offenders to obtain restricted driver’s licenses sooner than they would otherwise if they install and use an ignition interlock device.  Convicted DUI drivers will still have a certain period of “hard” suspension when they are not allowed to drive at all, but that hard suspension will be shortened by installing an ignition interlock device.

A new law that takes effect January 25, 2010 increases the dollar amount that determines whether more than 30 theft and property crime offenses can be charged as felonies rather than misdemeanors.  For example, the threshold for a felony charge of writing a check with non-sufficient funds increased from $200 to $400. The limits for some offenses, such as theft of currency or jewelry, remain unchanged.

Certain individuals serving time in California county jails will earn more time credits than before under another new law that takes effect on January 25, 2010. In the past, inmates in county jails earned two days of credit for every four days spent in custody. Under the new law, they will earn two days of credit for every two days served.  Some defendants are excluded from earning the additional credit for time served. They include individuals convicted of violent felonies who are limited to a 15-percent reduction credit under California Penal Code section 2933.1; those required to register as sex offenders; and individuals convicted of serious felonies or with prior convictions for serious felonies. Up to six weeks of additional credit can also be earned by many state prison inmates who complete certain prison programs.

Another new law that takes effect January 25, 2010 prevents certain individuals from being returned to prison for parole violations. The individual cannot be returned to prison for a parole violation if all of the following are true: he or she is not required to register as a sex offender, wasn’t convicted of a serious felony, doesn’t have a prior conviction for a serious felony, wasn’t convicted of a sexually violent offense, wasn’t found guilty of a serious disciplinary offense, isn’t a validated gang member or associate, didn’t refuse to sign a notification of parole conditions, and wasn’t determined in an evaluation to have a high risk of reoffending.

Understanding California’s complex criminal statutes and the many new laws that are passed each year is difficult. Fortunately, the knowledgeable California defense attorneys of The Kavinoky Law Firm ensure that they’re up on the latest developments in the law, so that you don’t have to.  If you have any questions about any aspect of your California criminal case, please don’t hesitate to call us today at 1-800-NO-CUFFS.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

 

Los Angeles Criminal Defense of DUI / DWI Arrests

Los Angeles Criminal Defense of DUI / DWI Arrests

A Los Angeles DUI / DWI arrest requires fast action – you or your loved one must arrange to be released on bail or on your own recognizance (OR) and request a hearing with the California DMV within 10 days of arrest or risk the automatic suspension of your driver’s license. Fortunately, you don’t have to face your Los Angeles DUI / DWI charge alone – the experienced drunk driving lawyers of The Kavinoky Law Firm are here to help. Our team of top criminal defense lawyers in Los Angeles can help arrange bail, request a DMV hearing, and begin planning your strategic defense.

The evidence against you in your Los Angeles DUI / DWI case can seem overwhelming – the prosecutor may be armed with a chemical test that shows a blood alcohol content (BAC) of .08 percent or greater. In addition, you may have been told that you “failed” your field sobriety test, and that the officer observed you exhibiting signs of drunk driving. . However, all of the evidence in an L.A. DUI / DWI case is open to challenge. The Kavinoky Law Firm’s DUI / DWI and Criminal Defense Attorneys in Los Angeles, CA will examine every shred of evidence in your drunk driving case to find viable challenges designed to create reasonable doubt in your guilt.

If you refused to submit to a chemical test to establish your BAC after an L.A. DUI / DWI arrest, you will face special challenges both in court, and at the California Department of Motor Vehicles. Some drivers refuse to submit to a breath or blood test after a Los Angeles DUI / DWI arrest because they believe it will help their case if there is no BAC evidence against them.

However, if you refused a chemical test, you can receive additional punishment from both the criminal courts and the Department of Motor Vehicles. The California DMV can suspend your license for a longer period of time if a refusal occurred, and the prosecutor can use your chemical test refusal as evidence of “consciousness of guilt.” In fact, police in Los Angeles can take your blood by force and then charge you with a chemical test refusal because you didn’t submit willingly to the test. However, there are some circumstances where a chemical test refusal can be excused in a Los Angeles DUI / DWI case, and it’s up to your lawyer to fight this allegation.

A Los Angeles drunk driving arrest creates unique challenges, so it’s critical to have a local DUI / DWI lawyer fighting for your rights. With offices in Woodland Hills and Santa Monica and throughout California, the skilled DUI / DWI lawyers of The Kavinoky Law Firm are ready to aggressively fight your drunk driving charge anywhere in Los Angeles County or across the state. Contact us today for a free consultation.

New California Driving Laws for 2009

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

New Laws in 2008

New Laws in 2008

Every year, California adds scores of new laws to the books, and 2008 is no exception. Below is a brief summary of new laws that take effect this year. Unless otherwise noted, each statute took effect on Jan. 1, 2008. If you find yourself on the wrong side of the law this year, please don’t hesitate to contact the skilled defense lawyers of The Kavinoky Law Firm.

One of the most talked-about new laws in California this year is the ban on using hand-held cell phones while driving. This new law, which takes effect July 1, 2008, dictates that drivers can only use hands-free cell phone devices while operating a motor vehicle. Drivers who fail to comply face a $20 fine, which will later increase to $50.

Drivers under the age of 18 will be banned from using any cell phone, even hands-free devices, on July 1, 2008. Minors who violate this law will be subject to a $20 fine, which will later increase to $50.

Under California law, drivers who smoke with a minor in the car now face a $100 fine. This law applies to everyone. However, police cannot stop a vehicle merely to check for smoking; they must have another reason to initiate a traffic stop.

California has passed several new laws pertaining to drunk driving and DUI / DWI. Individuals who are on probation for DUI / DWI are now barred from driving with a blood alcohol content (BAC) of .01 percent or greater. Police can determine the driver’s BAC with a PAS test, or Preliminary Alcohol Screening test, to which the driver is required to submit under California’s Implied Consent law.

Another new California drunk-driving law pertains to driver’s license applications. Beginning July 1, 2008, everyone who applies for a new driver’s license or renews an old one must acknowledge in writing that DUI / DWI offenses that causes death can result in murder charges.

California authorities are also continuing to crack down on drag-racing and speed contests. Any vehicle used in a speed contest, exhibition of speed, or reckless driving on a highway can now be impounded for 30 days.

Another new law on California’s books makes it less likely that you’ll see jailhouse photos of Paris Hilton, Lindsay Lohan, or any other jailed celebrity. Under California law, it is now a misdemeanor for peace officers, government attorneys, or court employees to sell confidential information, photos, or videos from inside secure facilities such as jails. Anyone convicted of selling or soliciting such material faces a $1,000 fine plus forfeiture.

California law now prohibits the unauthorized possession of a cell phone, pager or wireless internet device in jail. Failure to comply is a misdemeanor punishable by a $1,000 fine. Possession of tobacco by inmates is now a $250 infraction.

A series of amendments went into effect Jan. 1, 2008 that change existing law. For example, California recently amended the law to add parking enforcement officers to the list of assault victims whose assailants can receive enhanced penalties.

Another amended law requires courts hearing domestic violence cases to consider issuing a 10-year restraining order against defendants sentenced to prison, jail or probation for DV offenses. Another amended section of the California Penal Code increases the notification time of victims and family members in domestic violence and child-abuse cases from 45 to 60 days.

Another new law requires pet owners to inform the victim of a dog bite within 48 hours of the owner’s name, address, telephone number, the dog’s name, license number and vaccination status. Anyone who fails to comply is guilty of an infraction and must pay a $100 fine.

California criminal law is extremely complex, and as you can see, more laws are added every year. If you’re facing California criminal charges, you need an expert defense lawyer at your side who will fight aggressively for your rights. The experienced attorneys of The Kavinoky Law Firm are ready to defend you on any California criminal charge. To learn more about effective defenses to California criminal charges, including DUI / DWI, domestic violence, drug charges, white-collar crime, or any other offense, contact us today for a free consultation.