California Criminal Lawyer Blog

DUI and California DMV

Wed, 22 Feb 2012 07:05:01 -0800

In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)

It is critically important to CALL THE California DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out.

The California Department of Motor Vehicles is a huge bureaucracy with all of the inefficiency and incompetence that one has come to expect. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" -- a DMV employee without legal training who will serve as both prosecutor and judge. Without an attorney experienced in such hearings, the chances of obtaining a "set-aside" of the suspension are not good.

To find out more about your rights and how to protect them contact our office at (916) 447-7842.

CA DUI Guide

DUI and California DMV

Thu, 16 Feb 2012 09:45:11 -0800

To find out more about your rights and how to protect them contact our office at (916) 447-7842.
CA DUI Guide

Alternative to jail time for a DUI is Home Detention

Tue, 14 Feb 2012 11:39:21 -0800

An attractive alternative to a jail term is electronically monitored "house arrest," or home detention. Authority for the home detention program can be found in Pen C § 1203.016:

(a) Notwithstanding any other provision of law, the board of supervisors of any county may authorize the correctional administrator ... to offer a program under which minimum security inmates and low-risk offenders committed to a county jail ... may voluntarily participate in a home detention program during their sentence in lieu of confinement in the county jail. Penal Code § 2900.5(f) further provides for credit for time served towards any mandatory minimum jail sentence. Electronic house detention commonly involves periodic telephone checks, wearing a bracelet or anklet transmitter, or both telephone checks and wearing a transmitter. The restriction is not necessarily 24 hours a day, however: The correctional administrator may permit home detention program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance. [Pen C § 1203.016(f)]. Time is also usually given the detainee to shop for food, pick up cleaning, and pursue other necessary chores. Until recently, a sentencing court could, with the defendant's consent, order home detention. Currently, however, the court is limited to restricting or denying participation in the program; approval of participation in the program in lieu of jail rests with the sheriff or other county correctional administrator. In practice, however, and by statutory mandate, a sentencing judge's recommendation is usually given considerable deference. (e) The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial. Home detention programs require the defendant to pay a private company to install and monitor the electronic equipment used to ensure his or her restriction to the home. Although the enabling statute says that "Inability to pay all or a portion of the program fees shall not preclude participation in the program" [Pen C § 1203.016(g)], the simple fact is that the companies supplying the equipment are in the business to make a profit and few counties are in a position to provide the funds. To learn more about this call our office and speak with one of our knowledgeable attorneys at (916) 447-7842. CA DUI Guide

Home detention programs require the defendant to pay a private company to install and monitor the electronic equipment used to ensure his or her restriction to the home. Although the enabling statute says that "Inability to pay all or a portion of the program fees shall not preclude participation in the program" [Pen C § 1203.016(g)], the simple fact is that the companies supplying the equipment are in the business to make a profit and few counties are in a position to provide the funds.

To learn more about this call our office and speak with one of our knowledgeable attorneys at (916) 447-7842.

CA DUI Guide

License Suspension Information

Thu, 09 Feb 2012 10:47:51 -0800

When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the DMV to return the license -- but only if the individual or his DWI attorney contacts the DMV's local Driver Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.

This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "administrative per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction which may (and probably will) later occur in the criminal courts -- in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts in their infinite wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment".

If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, California has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension" identical to that given California license holders; this acts only as a suspension of the right to drive (after 30 days) within the State of California. If there is a conviction, California (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.

To find out more about your rights and how to protect them contact our office at (916) 447-7842.

CA DUI Guide

Administrative Hearing/DMV Hearing

Thu, 02 Feb 2012 04:11:23 -0800

Administrative Hearing
The hearing officer will open the hearing by testing the tape recorder, then having each person present identify himself or herself. The hearing officer will then state the purpose of the hearing and recite the issues to be determined. The next step will be to identify and mark as exhibits the documents which will usually constitute the department's entire case. At a minimum, this will consist of the "officer's statement" signed under oath, containing evidence of driving and of a breath test, and the notice of suspension. Exhibit documents will usually also include the licensee's driving record, the arrest report and, if blood or urine was tested, laboratory certification. Exhibits may also include accident reports, and supplemental investigations. If the officer testifies and uses reports to "refresh his memory" which were not forwarded to the department, the hearing officer will probably make copies of those and introduce them as well.
California DUI lawyers will undoubtedly have objections to most of these documents. The hearing officer will rule on these objections -- overrule them -- and then admit them into evidence. It should be clearly understood by counsel that the hearing officer has no legal education, and so will simply not understand the objection in most cases, nor any statutory or case authority cited by counsel. The hearing officer will understand only the memorandums on legal issues periodically forwarded from Sacramento which present the department's official policy toward issues.
The hearing officer may attempt to call the licensee if he or she is present. If counsel does not want the client to testify, counsel can simply advise the hearing officer that the licensee is asserting his or her Fifth Amendment rights. Although there is some language in an old appellate decision stating that the licensee has no self-incrimination privilege [Goss v. Department of Motor Vehicles 264 Cal.App.2d 268, 70 Cal.Rptr. 447 (4th Dist.l968)], hearing officers will never take the extensive time and effort necessary to compel the testimony.
When the hearing officer has finished accepting his or her own documents into evidence, the officer will rest the department's case. If, however, the hearing officer realizes that an element of the case is missing, the hearing officer can request -- and grant -- a continuance.
Note: the law on this subject is unclear; it is at least arguable that there is no statutory authority for a continuance prior to administrative review of a decision without the licensee's consent.

To have any questions answered contact our office at (916) 447-7842
Information from CA DUI Legal Guide

CA Two Basic Drunk Driving Laws

Mon, 30 Jan 2012 05:13:12 -0800

California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
• 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses -- but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
Procedurally, you should be aware of certain legal rights you have -- rights which are commonly ignored by the police:
• There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
• You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
• Once arrested, you must be advised of your constitutional rights -- the "Miranda" warning -- before any further questioning takes place.
• You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
• If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.

To have any questions answered contact our office at (916) 447-7842

Information from CA DUI Legal Guide

What is a DUI/DWI

Thu, 26 Jan 2012 06:13:41 -0800

What is a DUI?
DUI is an acronym that stands for Driving Under the Influence. What does "under the influence" mean? Drugs (whether legal, illegal, prescription or over-the-counter medications) and alcohol are known to affect or "influence" a person's behavior. Alcohol is a depressant, which can slow down a person's motor skills, therefore affecting driving ability. Drugs can be a depressant or a stimulant. A stimulant speeds up the body such as heart rate and metabolism and can also affect one's driving ability.
In every state in the U.S. it is illegal for a person to be operating a motor vehicle while under the influence of drugs or alcohol. You can be charged with a DUI if police have reasonable evidence that your driving ability was affected by drugs or alcohol. You can also be charged with a DUI if you are found to be driving with a blood alcohol content above the state's legal limit.
What is a DWI?
There are some states such as New York that refer to drunk driving as DWI or Driving While Intoxicated. A person is intoxicated when he or she has consumed drugs and/or alcohol to the point where it affects their mental or motor skills. Some common symptoms of intoxication include slurred speech, fumbling for items such as a driver's license, difficulty maintaining balance, red eyes and a flushed face.
If police consider you to be intoxicated, they will ask you to submit to a field sobriety test and a chemical test. A field sobriety test (like the Walk and Turn) checks your mental and motor skills to see if you are exhibiting signs of intoxication. A chemical test (blood, breath or urine) measures a person's blood alcohol content. If you are over the state's legal limit (.08%) you can be charged with DWI.
Other states that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas and West Virginia.
While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

Information provided by www.drunkdrivinglaws.org

DUI - First Offenses and what you could face

Tue, 17 Jan 2012 05:51:26 -0800

If you have been arrested for drunk driving in California you will face both administrative as well as criminal penalties. The outcome of the any DUI case in California depends on many factors that come up during the arrest and ensuing proceedings. For example if you are already on probation for a prior DUI and refuse to submit to a breathalyzer you could face higher administrative action against you. Because of the complexity of a DUI case you should have an attorney on your side to protect your rights.

Administrative penalties you could face:

- 1st time DUI - license suspension for at least 4 months.
- Courts will order mandated completion of alcohol assessment and treatment in order for you to get your license back at your expense.
- New law affecting Sacramento drivers - it is now mandatory to install at your expense an ignition interlock device at your expense.
- When your license is reinstated it will be reinstated with restrictions and you will be required to obtain SR-22 insurance coverage at your expense.

Potential Criminal Penalties:

- 1st Offense - Conviction carries a mandatory incarceration in County jail of 2 days.
- Fines incurred upon conviction range from $2500-$3000, but completion of sentence including adherence to probation requirements and other items (administrative penalties) will incur additional expenses.
- DUI convictions can be counted as priors for a period of 10 years.

California does allow for reduction of DUI charges. This involves negotiations with the district attorney and if there was a blood draw, the possibility of retesting your blood. A Sacramento DUI attorney is best equipped to help accomplish this goal.

California DUI Laws-California Police Taking Enforcement of Drunk Driving Laws To A New Level

Fri, 13 Jan 2012 03:19:27 -0800

The police officers blend into the thriving party scene, milking drinks in the corner of a north Fresno bar.

They are undercover -- a man and a woman -- watching for partiers who are obviously drunk or are downing drink after drink.

Fresno police are taking enforcement of the California DUI laws to a new level -- which officers expect will bring both success and outrage. Saturday night, the traffic unit unveiled a new operation in which plainclothes police officers stake out bars and target drunk patrons. If the heavy drinkers get behind the wheel, officers in unmarked cars follow them and call in marked police cars to pull them over.

Four people were arrested during a four-hour operation at two bars in northeast Fresno.
"It's a new idea," traffic Capt. Andy Hall said. "It's a new way to address the problem of drunk driving."

Hall say it's necessary because of a string of DUI collisions -- some of them fatal -- in which drivers had come from drinking at a bar or restaurant.
Traffic detective Mark Van Wyhe said that while he expects some people to be upset, he's trying to make the community a safer place.

"We're not trying to discourage them from going out and having a good time. We just want them to be smart about it, whether that's getting a designated driver or a taxicab."
Van Wyhe and a crew of officers conducted its first-ever bar surveillance operation on Feb. 10 but didn't go public with the program until the second go-round this past Saturday. In the first one, six people were cited on DUI charges after undercover officers were inside El Molino Rojo and El Dorado nightclubs.

Police will target bars in areas that have the most DUI collisions.

"There may be people who are offended by officers conducting surveillance in bars," Van Wyhe said, "but the harsh reality of it is that people continue to drink and drive, and we're going to take whatever measures necessary to stop this senseless crime and save lives."

Shoudl something like this happen to you, you need to contact our office right away at 916-505.4434.

Source: http://www.officer.com/

Difference between Misdemeanor and Felony Arrests

Wed, 11 Jan 2012 06:19:01 -0800

There are significant differences between a misdemeanor and a felony offense arrest. Consequences for felony convictions are much harsher than punishments for misdemeanors.

In general, misdemeanors are punishable by a fine and/or incarceration for less than a year in county jail - although there are exceptions to this rule. Misdemeanor infractions such as traffic violations usually have pre-set penalties.

Whereas, felony convictions normally have much more substantial punishments. Certain felony charges may stipulate much higher fines and sentence time vs. if it was classified as a misdemeanor, and felonies may carry a sentence of more than a year which would put you in prison vs. county jail.

Most people think they are always provided with the right to have a court appointed attorney if they face charges. This is not necessarily the case. Such as if charged with a misdemeanor and there is no chance of jail time, then in some counties will not provide a court appointed attorney. However in felony cases, if you are not able to afford to hire a private attorney, the courts will appoint an attorney for you since the stakes are so much higher.

Being convicted of a felony has far more ramifications and lasting consequences than just prison. Once convicted of a felony you lose your right to vote, cannot serve on a jury and cannot work in certain professions.

Most court systems base the "three strikes" law on whether a defendant has had prior felony convictions. If a defendant has been convicted twice of a felony offense, one more felony conviction could subject him or her to life in prison.

A person may be charged with a felony DUI if he or she has had prior DUI convictions within a specified time period. Some areas take the person's blood alcohol content (BAC) into account when determine the degree of felony charge.

A DUI felony conviction will lead to time in prison and large fines. As well as the losing your driving priviledges. If you have recently been arrested for driving under the influence and believe you are facing the possibility of felony charges, you should contact our office immediately @ 916-585-4434.

DUI arrests - What can happen and what you need to do to protect yourself

Thu, 05 Jan 2012 06:55:36 -0800

It is important to contact the DMV driver safety office in Sacramento at (916) 657-0214 within 10 days of your DUI arrest. When calling you need to demand an administrative hearing, regarding your driver's license. You must also request a stay of the suspension pending the hearing. If you do not contact the DMV within 10 days of your DUI arrest, you will lose your right to a hearing and your license will get suspended automatically at the expiration of 30 days. Going to or calling your local DMV office is not enough and will not prevent the DMV from suspending your license. The DMV hearing process can be complicated. The hearing officer acts as both the deciding judge and the prosecutor, or opposing party. You need an experienced DUI attorney who knows how to best defend you not only in criminal court but also at your DMV hearing to prevent, if possible, the DMV from taking away your license.

In the criminal case, the District Attorney will work hard to obtain a conviction against you. You need an attorney who knows the system and will help you to navigate each step.

White Collar Crimes in Sacramento Can Result in Prison Time, Restitution

Tue, 22 Nov 2011 08:45:24 -0800

White collar crimes in Sacramento are considered to be non-violent and intended to reap monetary benefits.

These can vary and range from identity theft to embezzlement to Medicare and Medi-Cal fraud and computer crimes. All are intended to make money, but don't use violence or intimidation, such as robbery, to accomplish the goal.

The consequence of being charged with these types of crimes is that not only do they come with lengthy prison terms if a person is convicted, but they also can lead to restitution. Restitution is when a judge orders a certain amount of money to be paid back to the victims after a defendant has been convicted.

Sacramento criminal defense lawyers have seen many situations where a person is convicted for a while collar crime, sent to prison and then ordered to pay back restitution upon their release. What judges and prosecutors don't take into consideration is that after not working for months or years and still having outside bills, such as a mortgage, a family's cost of living expenses and others, they will come out of prison with little money.

And with a conviction, they have less of a chance of finding work, especially in this difficult economy, where jobs are scarce. With the nation's economy struggling, some people have turned to scams and schemes that are designed to help them profit. One major area of that is in mortgage fraud.

As The Sacramento Bee recently reported, three men from Elk Grove pleaded guilty in connection with a mortgage fraud scheme. Prosecutors alleged they changed their names to Muslim-sounding names in order to obtain new credit and conceal their poor credit histories.

Homes were purchased with these new identities and after the houses fell into foreclosure, they would legally change their names again. They admitted during a plea hearing that they changed their names and lied about their income levels and employment histories on loan applications.

Another prevalent white collar crime that has emerged in recent years has been the "pill mill." In these cases, doctors, pharmacists and other heath care professionals have been under the close eye of law enforcement.

In most situations where these crimes have been committed, doctors are over-writing prescriptions to people who are filling the prescriptions and illegally selling the pills to people who don't have prescriptions. As part of the scheme, doctors and pharmacists are getting a cut of the profit. Many times, Medicare or Medi-Cal is being billed for the prescriptions, which constitutes fraud on those programs as well.

In any of these white collar crimes, there are defenses. When a large-scale scheme is alleged, there are typically many people arrested. And many times, not everyone knows each other. Less-involved participants may have just been taking orders from bosses and had no idea there was an illegal scheme going on. Doctors may not have known that the patients were fake and scheming to sell the drugs. In mortgage fraud cases, title companies and loan servicers may not have been aware of a scheme run by a real estate professional.

The prosecution has a heavy burden of proving each person arrested participated in the scheme. And proving the amount that was lost is also a challenge. A Sacramento criminal defense lawyer will work to compile all evidence disputing the charges in order to ensure the defendant has a fair trial.

California Budget Director Charged With DUI in Sacramento

Fri, 04 Nov 2011 09:33:34 -0800

The state's budget director was arrested recently and charged with suspicion of driving under the influence after police allegedly spotted her swerving while driving near the Capitol, The Sacramento Bee reports.

Charges of DUI in Sacramento not only carry criminal penalties, but also public embarrassment. In cases where a public official or celebrity is involved, the media can report extensively on it for months or years.

Our dedicated Sacramento DUI defense lawyers are prepared to help any defendant who gets caught up in such a charge. While DUIs are on a sharp decline nationwide, law enforcement and lobbying groups are still treating DUI issues like an epidemic. Police departments hold frequent DUI checkpoints, and they run television, print and online advertising campaigns.

DUI is one of the most frequently cited charges filed by police. A person charged with driving under the influence may not realize they are committing a crime if their blood-alcohol level is 0.08 or above. People can be legally intoxicated with a blood-alcohol level of 0.08 but not feel the effects like a person who has a blood-alcohol level of 0.04 based on weight, consumption and time factors.

The Sacramento Bee story shows that a one-time mistake can lead to a lot of frustration. California Finance Director Ana Matosantos, 36, was arrested and charged with suspicion of DUI, a misdemeanor charge.

Police spotted her car driving near the Capitol and saw the vehicle swerving. Officers also saw that her registration had expired. After making the stop, police conducted field sobriety tests and a breath test. Police refused to release the breath test results, the newspaper is reporting.

Matosantos offered her resignation, but it was declined and she is still working for Governor Jerry Brown. She is the first finance director in state history to be appointed by two governors of different political parties and she is thought to be the youngest.

While Matosantos gave a statement saying she had a lapse in judgment and took full responsibility for the incident, her employer decided to forgive her and keep her employed. Many other drivers aren't so lucky.

There are plenty of companies that will fire a worker simply for an arrest, which is no proof that a crime has been committed. Yet, this is commonplace in America. While a defendant looks forward to the fact that our criminal justice system is based on the notion of innocent until proven guilty, many employers don't see eye-to-eye with that idea.

They sometimes adhere to a zero-tolerance policy where an arrest means an automatic loss of job. In our difficult economy, this can be devastating. While an acquittal may not get a person's job back if they are fired, it certainly can't hurt. And for companies that will consider a probationary period until the case is resolved, fighting it aggressively is mandatory.

Even in cases where a person isn't employed, a DUI conviction can be expensive, so it must be aggressively fought. And picking up a criminal record after a conviction can make life in the future more frustrating also. Consult with a DUI attorney in Sacramento if you should ever find yourself in such a predicament.

DUI Charges in San Francisco Levied After Pedestrian Accident

Mon, 31 Oct 2011 09:03:19 -0800

A San Francisco woman was arrested and charged with suspicion of DUI after striking and injuring a pedestrian in the Richmond District, KTVU reports.

The accident comes as the Centers for Disease Control is reporting that drunken driving incidents have fallen 30 percent in the last five years. In 2010, they fell to the lowest mark in nearly 20 years, CBS News reports.

Charges of vehicular manslaughter in San Francisco and throughout California are serious and can lead to a prison sentence. If someone is convicted of vehicular manslaughter while intoxicated and they have a prior DUI conviction, that person can be charged with murder, since they presumably know the dangers of drunken driving.

This is a charge that is serious in its own right, but can be escalated to a major charge in short order. That's why hiring an experienced and dedicated San Francisco criminal defense lawyer to defend your rights and fight by your side is critical.

Any DUI charge is serious because it can lead to a huge hit to a person's reputation and hurt their chances of advancing in their career field or even finding a job if they are unemployed.

In this case, a 40-year-old woman was crossing Fulton Street at 20th Avenue in a crosswalk around 10 p.m. one Saturday when she was hit by a silver Volkswagen. The woman was taken to the hospital with a life-threatening skull fracture.

The 36-year-old driver, police said, stopped at the scene but was later arrested on suspicion of driving under the influence. While the woman only faces charges of suspicion of DUI at this point, the charges could be increased at any time. If the pedestrian's condition worsens or if she dies, she could face DUI-related vehicular manslaughter charges.

Her arrest comes as national numbers were recently released about the number of drivers drinking and driving on our roads. According to a new federal report, DUI incidents have fallen 30 percent in the last five years and are the lowest they've been in the last two decades.

Some predict that the poor economy has given people less money to spend on alcohol, while others believe people are staying home and drinking on the cheap rather than going to night clubs, restaurants and bars.

A 2010 telephone survey of 210,000 adults in the United States found that 1 in 50 said they have driven while intoxicated at least once in the previous month. That means about 4 million Americans drove while intoxicated in 2010. About 60 percent said they drove drunk just once, but some said they do it on a daily basis.

The responses equate to 112 million episodes of drunken driving in 2010, or 300,000 per day. That's still lower than in 2006, when 161 million incidents were estimated. The number of people killed in DUI accidents dropped from 11,711 in 2008 to 10,839 in 2009.

Occupy Sacramento Leads to 19 Arrests, Including Cindy Sheehan

Mon, 17 Oct 2011 08:15:08 -0800

Famous anti-war mom Cindy Sheehan was arrested in Sacramento recently along with 18 other demonstrators at Cesar Chavez Park, The Sacramento Bee reports.

The 53-year-old was arrested on a charge of unlawful assembly in the park and failing to follow police orders to disperse. Occupy Sacramento is a planned protest in conjunction with the Occupy Wall Street and now nationwide and worldwide protests based on capitalism and greed that have led to financial problems across the globe.

Unlawful assembly charges in Sacramento or other misdemeanor charges are often defended by the suspects themselves, who have no experience in the law. Sometimes, judges will attempt to work with the suspect, by explaining the charges and some points about the criminal justice system. But not always.

While misdemeanor charges typically result in fines and fees or possible probation, it is possible that a jail term could be imposed, depending on the circumstances. These charges can show up on background checks and can lead to future problems, including loss of a job or disqualification from getting a job or problems with college or scholarship applications.

In some cases, police can charge someone with a misdemeanor only to see prosecutors review the case and change the charges to a felony. This would significantly enhance the possible penalties and certainly require the skills of an experienced Sacramento criminal defense lawyer.

Even in situations where felony charges aren't filed, an attorney can work to get the charges dropped or penalties lessened from possible jail time to probation or simply community service.

According to California Penal Code 407, unlawful assembly simply means when two or more people assemble to conduct an unlawful event, whether violent or if they have been warned to disperse.

According to The Sacramento Bee, the 53-year-old Sheehan was among more than a dozen supporters arrested recently. Since the protests started in early October, 58 people have been arrested at 9th and I streets across from City Hall.

Among those arrested were a person conducting a hunger strike, a person in a wheelchair and others who were protesting peacefully. Unless a person has an extensive criminal history or is a flight risk, most protesters who were arrested likely were released from custody and told to appear in court in a few days.

While it all seems like a minor situation, anyone accused of a crime faces a serious situation. Even if the alleged charge is only a misdemeanor, it is a mark on a person's criminal history record that may never go away.

In the moment, a protester might not think about the repercussions, but if their political leanings change, they want to consider a different career path or have a different outlook on life after many years go by,convictions could prove haunting.

Given the abundance of information on the Internet and the ability for people to access records and police mug shots, a person's face and information could be memorialized on the web forever. But fighting the charge, whatever it is, can preserve one's future and ensure a one-time blemish doesn't lead to a lifetime of problems.