Tag: criminal defense attorney

Drug Expungement

Posted by Brianna Wilkins on November 5, 2013

Drug 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:

Any mandatory drug treatment is complete,
Probation is complete, and
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:

Analyzing the case to determine you are eligible for an expungement,
Performing legal research regarding the current and relevant law,
Filing the appropriate paperwork within the proper time frames, and
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.

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Other Weapons Offenses: Bladed and Blunt Weapons

Posted by Brianna Wilkins on November 5, 2013

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.

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Vital information on California’s Assault Weapon Laws

Posted by Brianna Wilkins on November 4, 2013

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:

AK series,
AR-15 series weapons, and
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:

Render the weapon inoperable,
Sell the weapon to a licensed gun dealer,
Obtain a permit from the California Department of Justice to possess an assault weapon, or
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

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 October 29, 2013

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:

Lie to the police,
Destroy evidence, or
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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Roadside Stop: Things to Remember When Getting Pulled Over

Posted by Brianna Wilkins on October 22, 2013

The roadside stop is the among the most scary things on the road. The flashing lights of a police car in the rear view mirror fill most motorists with dread. Although nobody likes the roadside stop, it’s essential to show a police officer that you’re cooperating. If an officer is at ease, they will be less suspicious of you and your activities prior to the traffic stop.

What to do During a Roadside Stop

#1) Stay Calm

If you’ve ever been part of a roadside stop, you know it’s natural to feel nervous. If you’ve been drinking, this feeling of panic is intensified due to the possibility of being arrested for a DUI. The main thing to remember when being pulled over is to remain calm. As the officer approaches your car, take a few deep breaths and remember to keep your hands on the wheel until the officer asks for your paperwork.

#2) Keep Quiet

When talking to the officer, don’t admit any guilt. It’s acceptable to give “yes” and “no” answers, but any explanation beyond that is usually not necessary. Anything you say can show up later in court. Wait until formal questioning to offer explanations, and remember whatever you say and do from here on out could make the difference between a conviction and an acquittal. Also, just a note, never bribe the officer. Not only is a bribe unethical, but it is definitely a crime.

#3) Decline Field Sobriety Tests

If you have a traffic stop for suspicion of a DUI, the officer will likely want to conduct field sobriety tests on you. You are not required to submit to field sobriety tests. You may tell the officer you do not wish to participate, especially if you know you’re over the legal limit and will be arrested for DUI. The officer may ask for a reason, but you don’t have to give one. Though you may refuse field sobriety tests, your refusal can go against you in court if the traffic stop results in an arrest.

#4) Decline Field Breathalyzer Tests

If you refuse to submit to field sobriety tests, the officer may ask you to take a breath test. The breath test administered on the side of the road is a preliminary alcohol screening, and the law does not you to do it. You may refuse the Breathalyzer without losing your license. It’s important to remember that roadside breath tests are notoriously inaccurate, so request a blood test at the police station instead.

#5) Sobriety Test at Police Station is Mandatory

If the events of the traffic stop resulted in you ending up at the police station for a DUI, a sobriety test is mandatory. This sobriety test happens in the form of a breath or blood test, and failure to comply with these mandatory tests is a crime. Under the law, it is your decision to obtain a driver’s license and operate a motor vehicle; therefore, by legal implication, you gave “implied consent” for a test under such circumstances.

#6) Be Polite

Though you may exercise your Constitutional rights against self-incrimination, this doesn’t you can be rude. There is absolutely no excuse for being obnoxious or argumentative with the officer, and it can only harm your case later on. Treat the officer with the respect they deserve; it could be the difference between a DUI arrest and a simple warning.

Hire an 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.

Holidays are the Most Dangerous Time of the Year

Posted by Brianna Wilkins on October 8, 2013

The Holidays are not normally the natural thought for the “most dangerous time of the year.”

The holiday season supposedly brings tidings of joy and good cheer. But, according to crime trends and annual police reports, the holidays also bring an increase in domestic violence, alcohol crimes, and gun offenses. If you’ve been accused of a crime during the holiday season, you don’t have to rely on Santa to bring you a good criminal defense lawyer- the lawyers at the Kavinoky Law Firm have you covered.

While it’s unknown exactly why crime increases during the holiday season, it’s safe to assume the stress of the holidays help expedite the transformation of rage into violence and that the festivities of the season encourage alcohol consumption, often irresponsibly.

Domestic Violence

Though domestic violence tends to increase during the holidays, the National Domestic Violence Hotline states that calls to the hotline actually drop dramatically on major holidays. The reason? Many women will choose to deal with the violence temporarily so their children don’t have to spend the holidays in a shelter. While drugs and alcohol may play into the upsurge of domestic violence during the holidays, simply being “forced” to spend more time together seems to be strongest spark.

Guns

Though ‘celebratory gunfire’ is a custom for some during the holidays, this act is dangerous. It is also illegal, and considered a prosecutable firearms offense charge . The City and County of Los Angeles do not tolerate the practice and are now using “Shotspotter” to find the culprits. Shotspotter delivers the world’s “most powerful, most scalable and most trust gunshot detection solutions…all over the world.” According to the police, those caught face prosecution to the fullest extent of the law.

DUI’s During the Holidays

The amount of DUI-related deaths and accidents increase between Thanksgiving and the end of New Year’s weekend. In fact, this part of the holidays is referred to as “DUI Season.”

In an effort to combat drunk-driving-related deaths and injuries during the holidays, law enforcement amps it up. Agencies nationwide increase their patrols and execute DUI checkpoints. Companies like AAA encourage drivers to utilize Tipsy Tow. This is a great service which offers free rides and a vehicle tow up to seven miles to drivers. If you are intoxicated or under the influence on New Year’s Eve and the Fourth of July, call Tipsy Tow. You can ask for a ride and a tow by calling 1-800-400-4222.

If you are facing a driving under the influence charge, you need a lawyer. Perhaps you acted a bit trigger happy on New Year’s Eve and have a weapons charge, you need a lawyer. Also, if you’re looking an a domestic violence charge, you need a lawyer. For all of these things, a criminal defense lawyer is the very best person for your case. Your attorney will help you every step of the way.

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Felony DUI

Posted by Brianna Wilkins on September 30, 2013

Felony DUI arrests and convictions place the accused in a great deal of trouble. Not only does this impact the accused criminally, but socially and professionally as well

California DUI / DWI Arrests

California DUI / DWI arrests are charged in one of two ways – as misdemeanors or felonies. How a California drunk driving arrest is charged depends on the facts of the case, including whether there was an accident, injuries, or death or whether the driver is alleged to have left the scene of a crash. The number of prior convictions for drinking and driving may also be a factor.

Regardless of the circumstances, a California felony DUI charge is a serious allegation that carries harsh repercussions. The accused driver needs an expert defense attorney at his or her side. The knowledgeable DUI / DWI defense lawyers of The Kavinoky Law Firm know every aspect of California felony drunk driving defenses. These tenured criminal defense attorneys will fight hard to safeguard the accused driver’s rights.

Generally, misdemeanor and felony charges are distinguished by the consequences that can be meted out – misdemeanors are punishable by up to a year in jail, while felonies can bring a year or more in state prison.

Felony DUI Charges

First- , second-, and third-time drunk driving charges are generally misdemeanor charges in California. However, aggravating circumstances can cause the prosecutor to file a felony drunk driving charge. These charges include a hit-and-run allegation or other outside convictions. California drivers with three or more prior DUI / DWI convictions in the past 10 years will also be charged with a felony for a subsequent offense.

California drunk driving incidents that result in death are by far the most serious allegations, and will always result in felony charges. Depending on the circumstances, a DUI / DWI driver accused of causing the death of someone else will face felony manslaughter, vehicular homicide, or second-degree murder charges.

Under California law, manslaughter is the killing of another person without intent. However, manslaughter lso dictates the accused acted with the knowledge that one’s actions are likely to cause death. This charge is pursued in felony DUI / DWI cases under the theory that a person who drinks and drives knows that the behavior is dangerous and that it could lead death. This is also defined as criminal negligence.

Additional Factors

Intent is not the issue in a manslaughter prosecution. In almost every case, a person driving under the influence of alcohol does not intend to kill. However, the prosecutor will argue that the driver knew that his or her actions could lead to death. If the driver has prior DUI / DWI convictions, the prosecutor can argue that the driver really did know how dangerous his or her actions were.

Vehicular homicide is a wobbler, meaning the crime vacillates between a misdemeanor or a felony. In most cases it is a felony charge. However, a vehicular homicide charge sticks if the prosecutor establishes that the driver acted with ordinary negligence.

Second-degree murder is a rare charge in a California driving-while-intoxicated case. In second-degree murder cases, the prosecutor works to prove the driver acted with implied malice. If not implied malice, then a conscious disregard for human life. It is important to note that this is not easy to prove.

Hire Great Defense

In some California felony DUI / DWI cases, it may be in the driver’s best interests to accept a carefully-negotiated plea bargain. However, a plea agreement must be a bargain for both the defense and the prosecution – the driver receives lesser charges and/or punishment in exchange for pleading guilty.

The allegations themselves carry extremely serious repercussions in a California felony DUI / DWI case. However, there are many valid defenses to felony drunk driving charges. An experienced DUI / DWI defense lawyer can outline the driver’s options during 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 the television programs The Insider. He is a guest on shows including 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.

Types of DUI Offenses

Posted by Brianna Wilkins on September 25, 2013

DUI Offenses vary in their actions, convictions, and penalties. Depending on the exact offense you’re facing, previous DUI offenses, and location, the penalties differ.

DUI Offenses in California

In California, a DUI conviction carries stiff penalties, fines, and punishments.

In most cases, criminal charges consist of two offenses:

Driving under the influence, and/or
Driving with .08% blood alcohol concentration or higher.

However, while it’s possible to be convicted of both offenses, there is only one sentence for both convictions.

Current DUI Law

Under current California DUI law, each offense determines a different penalty.

A first offense DUI carries any and all of the following penalties

Serve a jail term of a minimum of two days and a maximum of six months
Installation of an ignition interlock device (IID) if the conviction is in Alameda, San Francisco, Los Angeles, or Tulare County
License suspension
Payment of various fines and fees
Placement on informal probation for three years.

According to the Los Angeles Times, the past few years reflect an increase in fines and penalties. For a first-time DUI in the state of California, penalties and fines are up 29% from those in 2011.

Prior Convictions

With all this in mind, it is important to note these are not the only factors. In fact, prior drunk driving convictions have a dramatic impact on new punishment for DUI offenses.

Those convicted within ten years of a second or third DUI may face:

Mandatory drug and alcohol programs that can last up to 30-months, and/or
License suspension for one or more years.

If enhancements occur during the case, California DUI law requires increased penalties. Enhancements are additional factors that negatively contribute to the DUI offense. These include:

Driving under the influence with a child under 14 in the car,
Excessive speeding at the time of arrest,
Chemical test refusal, and/or
Prior convictions within ten years of the current date of arrest.

In regard to priors, one or two prior convictions carries an increased jail sentence and longer license suspensions. Furthermore, three or more priors automatically change the offense to a felony. Additionally, if another person experiences injury or dies, the penalty increases. If these occur as a result of your DUI violation, the offense can be charged as a felony DUI.

DUI Punishments

The punishments for DUI offenses vary depending on the facts of the case. However, a DUI charge always generates two different cases in the state of California. One case is with the DMV. The power to suspend or revoke a driver’s license in DUI cases comes from the DMV. Then, the second case is with the criminal court. Criminal court cases either go through dismissal, plea bargain, or with an actual trial.

Whether you’ve been charged with a misdemeanor or felony DUI, the penalties for drunk-driving are serious. In fact, they affect an individual’s financial and personal life for years to come.

So, if you’ve been arrested for driving under the influence, finding the right California DUI lawyer who specializes in criminal defense can help you zealously fight your case in court. The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles.

Regardless, we know nobody looks good in handcuffs. #unlessyoureintothatsortofthing

Weapons Offenses

Posted by Brianna Wilkins on September 18, 2013

Weapons offenses in California are complicated. As circumstances change, so do penalties.

Weapons Charges

Though the right to keep and bear arms is legal per the United States Constitution, there are regulations. These regulations govern when and how one might use those firearms. California laws covering weapons is complex and can be confusing. Oftentimes, it needs the evaluation of an attorney who specializes in criminal law.

A weapons charge in the state of California is a very serious offense. For those found guilty, it carries severe fines and penalties. Now, most weapons charges are felonies. However, in some cases, possession of a weapon is only a misdemeanor. What’s more, if you possess a firearm illegally, you face a mandatory jail sentence upon conviction. The minimum penalties increase following multiple convictions.

Common Penalties for Weapons Offenses

The most common gun charge in the state of California is unlawful possession of a firearm (example having a gun without a permit.) Hence, this is a only misdemeanor charge. However, it can still carry a fine of up to $1,000 and/or up to one year in jail.

Other weapons offenses in the state of California include, but are not limited to:

Assault with a deadly weapon
Selling a firearm
Possession of an assault weapon
Brandishing a deadly weapon and/or firearm, and
Using a gun while committing a crime (robbery, assault, drug offenses)

Most people assume weapons refer strictly to guns, but this is not the case. A deadly weapon is defined very broadly and includes knives, daggers, brass knuckles, or even a motor vehicle if it is used with malicious intent.

Weapons charges in the state of California tend to result in harsh punishments. As a matter of fact, they often include the prospect of jail time, expensive fines, and a permanent criminal record. Consequently, that makes it difficult to obtain housing and employment down the road

Felony weapons charges often result in jail time. Factors which impact the results of a trail include:

The type of offense,
The defendant’s criminal record, and
Circumstances surrounding the arrest. These may include drug use and intent with the weapon.

If you or someone you know is facing weapons charges, your attorney works for the best outcome. This law firm focuses on working with our clients toward the best result. These results include:

Making all necessary court motions
Interviewing witnesses connected to your case
Preparing your case for trial, and
Seeking alternative sentencing

Hire an Attorney

The Kavinoky Law firm hires the best criminal defense attorneys in California. In fact, our excellent and experienced attorneys work hard to fight for their clients’ rights. Furthermore, 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

Introduction to Post Conviction Relief in California

Posted by Brianna Wilkins on September 25, 2012

Post-conviction relief is possible with the help of an experienced criminal defense attorney.

Need for Post-Conviction Relief

Life following a conviction is not always fun. As the world gets smaller and technology makes our private life more public, our lives are more connected. Which means, past criminal conviction can become a future obstacle.

While past convictions cannot disappear, the law provides important ways help. In fact, the law places limits on the impact of a prior arrest and/or conviction on one’s future. It is possible to gain relief from a prior conviction. Actually, sometimes the prior conviction falls apart This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Cleaning up Your Record

Post-conviction relief is of critical importance to anyone convicted of a criminal offense. If a person wants to clean up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments of the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence. It’s probably one of the most frustrating aspects of life following conviction.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. This process is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances, arrest records, and even prior conviction records, are not accessible. You can seal them and ultimately destroy them legally. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Approval for sealing is not a guarantee. They are much more common in cases in which a juvenile offender faced charges or when an offender faced arrest but not conviction.

Reductions in Sentencing

Even after a conviction, some felonies receive criminal reductions to misdemeanors. In fact, reduction to a misdemeanor typically goes hand-in-hand with expungement.

Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies generally require a gubernatorial pardon. Furthermore, these pardons go directly to the governor or following a Certificate of Rehabilitation. Certificates of Rehabilitation come from a judge. Once approved, the certificate goes to governor as an application for pardon. In turn, if granted, a pardon restores most all rights prior to conviction. This includes restoration of gun possession rights and relief from sex offender registration.

Because of the vast nature of forgiveness for conviction, it is not easy to receive expungement. In fact, most forms of post conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are simple. Some even occur automatically. For example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Hire an Attorney

Almost everyone with a criminal conviction can benefit from post conviction relief. Due to the complexities of post-conviction relief, it’s best to use an attorney. An attorney at The Kavinoky Law Firm can help to determine which form of post conviction relief is best. We hire only the best attorneys in Los Angeles. Contact a skilled defense lawyer today for a free consultation.