Los Angeles County Criminal Lawyer Blog

Azusa Man Stabs Mother to Death, Calls Police

Thu, 17 May 2012 09:22:43 -0800

A 28-year-old Azusa man was arrested on May 4 after he called Azusa Police to tell them he had stabbed his mother to death at their home. The Pasadena Star-News reports that the man called police around 9 a.m. to tell them what he had done and a dispatcher kept him on the line until police arrived at the location. When police arrived there, the dispatcher was able to convince him to leave the home with his hands up and surrender to police.

The woman was found dead at the entryway of the home and the man was transported to a nearby hospital for minor cuts on his body. A dog at the house had also suffered stab wounds; it is unknown how badly the animal is hurt. Police are currently investigating the incident, but do not know what the motive for the crime was. Neighbors revealed that the woman's husband had passed away in the winter and the family was reportedly having financial issues; beyond that, however, no further information was given concerning their circumstances.

Homicide in California is divided into four categories: first degree murder, second degree murder, voluntary manslaughter, and involuntary manslaughter. Under California Penal Code Section 190, first degree murder, which is the willful and premeditated killing of another, is punishable by death, life imprisonment without parole, or 25 years to life in prison. Second degree murder is not premeditated or planned in advance and is punishable by up to life in prison, but not the death penalty.

Voluntary manslaughter is seen as a crime of passion, as it is done under circumstances that would emotionally or mentally disturb a person to the point where they would kill without any prior intent, and is punishable by three, six, or 11 years in prison under Penal Code 193. Finally, involuntary manslaughter, which results from unintentional but criminally negligent behavior that ends in the death of another, is punishable by two, three, or four years in prison.

A crime such as this incident can be prosecuted for a variety of charges, depending on the circumstances surrounding the incident and the mental state of the defendant. Criminal prosecutors may charge it as voluntary manslaughter if they see it as a crime of passion, or first degree murder, which could expose the man to the death penalty. As such, quality legal representation is very necessary for a defendant in such a case.

Los Angeles County homicide defense lawyer Daniel E. Kann understands the extreme nature of a murder charge and has spent years successfully defending clients from serious criminal charges across Southern California and can apply his knowledge and skills to your case as well. For more information, call the Law Offices of Daniel E. Kann at (888) 744-7730.

Los Angeles May Day Protests Result in Arrests, Assault on Police Officers

Tue, 15 May 2012 14:13:45 -0800

May Day protests in Los Angeles and the surrounding area on May 1 turned violent at various points throughout the day, which resulted in several arrests for various reasons, according to The Los Angeles Times. The protests, peaceful in many other areas, were held over income inequality and various other occupational and economic issues across the country and resulted in several attacks on police officers.

Incidents around Los Angeles included a 23-year-old protester who attacked a female Los Angeles Police officer who is almost a foot shorter than him with a snare drum in downtown Los Angeles. The attack involved the man slamming a snare drum over the back of the officer's head, denting her helmet, and inflicting a partial concussion before running off. The man has since been arrested and a YouTube video of the incident helped identify the suspect. Demonstrators began circling officers and chanting "We are the 99%," leading to backup being called to quell the confrontation.

In another incident, several masked suspects attacked officers with a large wooden pallet. There have not been any arrests made in the pallet attack. At least 14 people were arrested on May Day throughout the Los Angeles area, including 10 from an LAX protest.

Assaulting a police officer carries serious charges and penalties under California Penal Code Section 240 (c). The charge is punishable by up to $2,000 in fines, one year in county jail, or both. Any assault committed against a peace officer in the commission of his or her duties, not just a police officer, is subject to these penalties. Those designated as peace officers include: firefighters, paramedics, traffic officers, emergency medical technicians, lifeguards, animal control officers, parking control officers, and code enforcement officers.

Los Angeles police officer assault attorney Daniel E. Kann understands the seriousness of such charges and the misunderstandings that often lead up to such arrests. Mr. Kann has had years of success defending the rights of Southern California citizens and will use his skills to fight your case and have your charges lessened or even fully dismissed. For a consultation on your case, call the Law Offices of Daniel E. Kann at (888) 744-7730.

L.A. Police Arrest Motorcycle Shop Burglars after Two-Hour Chase

Mon, 30 Apr 2012 13:58:52 -0800

Two men were arrested by Los Angeles police after stealing riding gear costing thousands of dollars from a Glendale motorcycle shop on April 22, but not before leading police on a two hour high speed chase. According to The Los Angeles Times, the two men are now in custody for the crime, but one other suspect remains at large.

The incident began around 6:15 am on April 22 when a neighbor called police to report that they heard glass breaking at Pro Italia in Glendale, a high profile motorcycle shop in the city. When police arrived, the suspects had already fled the scene, but witness described the vehicle as a white van, which police spotted and identified as being stolen. Police and the California Highway Patrol pursued the van for two hours, which led them throughout Los Angeles County at speeds of up to 90 mph. Finally, the chase ended in Hawthorne with two of the suspects being taken into custody while the third fled and eluded police.

Leading police on a chase qualifies as resisting an officer in Los Angeles and evading an officer and is subject to penalties under California Penal Code 148 and Vehicle Code 2800.1orr Vehicle Code 2800.2(a). Depending on the intent of the person being chased by police and the circumstance of the event, this can result in a misdemeanor or felony charge with years of prison and fines added to a person's sentence.

Under California Penal Code Section 459, burglary is defined as entering a structure, such as a store in this incident, "with intent to commit grand or petit larceny or any felony." This incident may be charged as commercial burglary since it was not a dwelling place and is second degree burglary, a misdemeanor or felony punishable by up to one year in jail or three years in prison.

Being convicted of burglary can have widespread effects on a defendant's personal and professional life; as such, those facing such crimes need experienced legal representation to be defended from serious penalties. At the Law Offices of Daniel E. Kann, our dedicated Los Angeles burglary defense lawyers have the skills to protect you in court and have your charges lessened or dismissed. For more information on how we can help you in your case, call (888) 744-7730.

Attorney Daniel E. Kann Explains Ventura Police DUI Procedures and Arrests: Part Three

Tue, 24 Apr 2012 15:20:29 -0800

No one ever expects that they will be arrested for drunk driving. As such, most drivers aren't aware of their legal rights and options for defense, let alone what is considered to be proper procedure while being pulled over or arrested. Here is a video of Camarillo DUI lawyer Daniel E. Kann describing what happens when a police officer pulls a person over for DUI in relation to the recent Amanda Bynes DUI arrest.

With the points made in this video in mind, we'll now discuss what a happens after a DUI arrest as the concluding post in our Three Part Blog Series.

After the Arrest
After the officer has conducted the field sobriety tests and believes that probable cause has been established upon which to base a DUI arrest, the driver will be formally arrested and given the choice of taking a breath test or blood test. If one of the tests is not available, the driver will be obligated to take the other. If the driver chooses not to take a chemical test, they will be charged with a refusal allegation which will result in a one year driver's license suspension.

If the driver is found to have a BAC of .08% or greater, they will be booked and charged with California Vehicle Code Section 23152(a), driving a motor vehicle while impaired and 23152(b), driving a motor vehicle with a BAC of .08% or higher. If the driver's BAC is below .08% and the officer still believes that the driver is impaired due to alcohol consumption or if the officer believes that the driver is under the influence of drugs but not alcohol, the driver will only be charged with Vehicle Code Section 23152(a), driving while impaired. The legal ramifications are often the same in either case.

Defending Your Rights
If you or someone close to you has been arrested for drunk driving in Ventura County, be sure that an experienced Camarillo DUI defense attorney is contacted right away. Any delay in informing yourself of your legal rights may result in serious consequences. Get in touch with The Law Offices of Daniel E. Kann today for more information about how our lawyers can help you with your specific situation. Call (805) 290-4932 for a free consultation.

Attorney Daniel E. Kann Explains Ventura Police DUI Procedures and Arrests: Part Two

Thu, 19 Apr 2012 16:55:48 -0800

Hearing a police siren and seeing the lights of a cruiser in your rear view mirror seems like the start of an awful and long nightmare; and for many, it is.

It's normal to be unsure of your legal rights and options after a Ventura DUI arrest. To help ease some anxiety about what aspects make up a DUI stop, Ventura drunk driving lawyer Daniel E. Kann discusses the main points of a DUI stop in the following blog as Part Two in a Three Part Blog Series.

The Stop
After stopping the suspect, the officer will initially request the suspect's driver's license, proof of insurance, and vehicle registration. It is at this point that the officer will look for further clues that the driver may be impaired or under the influence of drugs or alcohol. These clues include the odor of alcohol on the driver's breath or person, blood shot, watery eyes, disheveled appearance, slurred speech, and the inability to produce documents in a timely and efficient manner.

The officer will then ask pre-field sobriety test questions, such as, "Have you been drinking? How much have you been drinking? Where did you drink? What time did you start? What time did you stop? Did you eat? What time did you eat? Do you know what time it is? Do you know where you are? Where are you coming from? Where are you going?"

After asking the pre-field sobriety test questions, the officer will ask the driver to exit the vehicle and conduct field sobriety tests. These tests include, the Horizontal Gaze Nystagmus test in which the officer observes the driver's eye movement to detect signs of impairment; the walk and turn test; the one leg stand test; the Romberg test to check for balance; and the Preliminary Alcohol Screening device test. This last field sobriety test, also known as the PAS test, is administered by way of a handheld breath test device to determine the driver's blood alcohol content, or BAC, to further aid the officer in establishing probable cause to make an arrest for DUI. Be advised that the PAS test is not considered a formal chemical test and submitting to a PAS test does not relieve one of the obligation to submit to a chemical test after an arrest has been made, such as a breath test at a police station or a blood test at a hospital or medical clinic.

Defending Your Future
A DUI can cause a person a lot of trouble with their job, finances, personal relationships, and means of transportation. Don't let this happen to you. Just because you've been arrested for and charged with DUI does not mean that you are guilty. Police officers are capable of making mistakes too, and these lapses in judgment, errors, or failure to follow proper procedure can occur during the DUI stop. If you're facing DUI charges, call Daniel E. Kann today for a free consultation.

Please visit our blog again for our next post on what happens after a DUI arrest.

Attorney Daniel E. Kann Explains Ventura Police DUI Procedures and Arrests: Part One

Tue, 17 Apr 2012 16:39:37 -0800

Ventura drunk driving defense attorney Daniel E. Kann has spent many years defending the rights of those accused of driving under the influence (DUI) of alcohol and/or drugs throughout Southern California. He understands the process and potential legal ramifications of law enforcement DUI investigations.

To better understand your legal rights and options, it is crucial that you understand police procedure when it comes to DUI investigations. As Part One in a Three Part Blog Series, the following discusses how police officers often identify a suspect of DUI.

Identifying a Suspect
There are certain driving patterns that will cause an officer to suspect a driver of being intoxicated or at least give rise to probable cause or reasonable suspicion to conduct a traffic stop. Such driving patterns can include: swerving, speeding, weaving through traffic, disobeying traffic signals, not proceeding through an intersection after the signal turns green, driving at night without headlights on, etc. Often, police stop a suspect for a traffic violation only to come to the conclusion that they may be under the influence of alcohol or drugs after interacting with them. Additionally, sobriety checkpoints have become exceedingly common in recent years. Checkpoints are set up on various streets and are used to catch drunk drivers who would normally not be spotted by police. Checkpoints are used by law enforcement agencies to circumvent the need for probable cause or reasonable suspicion to make contact with and detain drivers. Checkpoints are justified under established case law as necessary for public safety.

Finding a Qualified Ventura DUI Defense Attorney
Being charged with a DUI is a serious matter and a conviction can have lasting effects on one's, driving privileges, personal relationships, and career. Ventura DUI defense attorney Daniel E. Kann has the years of experience and finely honed skills to competently and aggressively defend you in your case. For a free consultation on your case with the legal team at the Law Offices of Daniel E. Kann, please call (805) 290-4932.

Please check back with our blog as our next posts will be discussing the logistics of a DUI stop and what happens after a DUI arrest.

White Collar Crime: Laws and Punishments in Southern California

Thu, 05 Apr 2012 08:53:21 -0800

Theft and fraud crimes occur in a wide variety of situations in California and across the United States; as such, California laws set up various regulations and penalties based on the circumstances of the crime, the amount taken, and how it was taken. While many theft crimes involve single instances and small amounts of money, white collar crimes often feature a person or group of people taking a large sum of money from many people over a longer span of time, usually with an in-depth plan created for the crime.

As such, California prosecutors (and in some cases federal prosecutors) pursue extremely heavy and long-lasting penalties for defendants, and those facing such charges should understand white collar crime and its possible penalties.

White collar crime is not a specific instance of crime, but rather an umbrella term covering a wide variety of crimes where a perpetrator uses his or her power, influence, prestige, and/or position in a company to illegally take others' money or valuables for his or her own gain.

Common white collar crimes include: bribery, computer fraud, embezzlement, insurance fraud, forgery, and bank fraud. What separates a white collar crime from other criminal acts is that the perpetrator does not use force, fear, or intimidation on a victim to take the money, but rather uses deception and will often never meet the victim face to face.

Since white collar crimes involve theft, they are subject to the rules and penalties concerning petty and grand theft under California Penal Code Sections 486 through 490. As white collar crimes typically involve taking money from many people and on multiple occasions, a defendant can easily face many counts of theft, adding up to decades in prison if found guilty of enough of them. Penal Code Section 186.11 sets up additional penalties for what is known as "aggravated white collar crime" that occurs when a pattern of related felony conduct based around fraud or embezzlement takes more than $100,000. This adds up to five years on a person's sentence and up to $500,000 in fines.

The Thousand Oaks white collar crime defense attorneys at the Law Offices of Daniel Kann understand that a white collar crime charge not only has the possibility of years in prison and thousands of dollars in fines, but can ruin a defendant's professional life. For a consultation about how we can defend you from your charges, call us today at (888) 744-7730.

Oxnard Man Arrested in Connection with National Child Porn Ring

Tue, 03 Apr 2012 16:59:23 -0800

Police have arrested a 28-year-old man in Oxnard after connecting him to a group of 18 men spread across 14 states that are suspected of trading sexually explicit images of underage males. According to CBSLocal.com, the man was found communicating and trading child pornography over an online portal and was arrested on April 3.

The man now faces a 10-count indictment that resulted from investigations from both the Immigration and Customs Enforcement and Homeland Security Investigations Los Angeles agencies. Investigations into the group began in 2008 when an Arizona boy began receiving sexually suggestive text messages from a Lake Forest man who turned out to be a youth soccer coach. He was convicted of transporting child pornography and sentenced to 14 years in prison in 2011.

If convicted, the maximum penalties for the Oxnard suspect can reach 110 years in state prison.

Under California Penal Code Section 311.1, "Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of ... any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct" is guilty of breaking child pornography laws. This is punishable by one year in county jail and/or a $1,000 fine if deemed a misdemeanor, or a two, three, or six year sentence in state prison and/or up to a $100,000 fine if it is found to be a felony.

In addition, if the crime is a repeat offense, up to $50,000 in extra fines can be brought against the guilty party. Under Section 311.4, a person who knowingly hires a minor to perform any sexual acts can be punished by county jail imprisonment for up to one year and up to $2,000 in fines. Also, the hiring or coercing of a minor to create child pornography is a felony punishable by three, six, or eight years in state prison.

Conviction of child pornography charges not only brings lengthy prison sentences and heavy fines, but social and professional repercussions that can follow a convicted defendant around for the rest of his or her life. For help with your case from the dedicated Oxnard child pornography defense lawyers at the Law Offices of Daniel Kann, call (805) 290-4932.

What Actions Can be Charged as Disturbing the Peace in Southern California?

Mon, 02 Apr 2012 08:45:33 -0800

When people think of Southern California crimes that they should be careful not to break, they often think of drunk driving, assault, theft, and other incidents that may occur during a lapse of reason or great emotion. However, many forget that disturbing the peace is a frequently charged crime, both by itself and in conjunction with other criminal charges.

But what exactly is disturbing the peace?

According to California Penal Code Section 415, disturbing the peace is defined as "(1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction." It is important to note that no other actions have to be taken to qualify as disturbing the peace, such as fighting. If convicted of a disturbing the peace crime in Ventura County or anywhere else in Southern California, as misdemeanor, a defendant faces up to 90 days in county jail, a fine of up to $400, or both. Additionally, defendants may have to pay restitution for any property damage caused during the crime.

Disturbing the peace can also be charged as an infraction as opposed to a misdemeanor. The difference between an infraction and a misdemeanor is that a misdemeanor can carry jail time, probation, and a fine. Infractions can only be punished by imposition of a fine. It is for this reason that Penal Code Section 415, Disturbing the Peace is often used in plea bargain arrangements as a lesser charge to "plead down" to from a more serious charge such as Penal Code Section 148(a)(1) Resisting or Obstructing an Officer in the Performance of His Duties.

Do not take a disturbing the peace charge lightly; any crime on your permanent record could have lasting familial, social, relational, and professional repercussions. Camarillo criminal defense attorney Daniel Kann has years of experience successfully defending clients against all manners of charges. For more information, call the Law Offices of Daniel Kann at (805) 290-4932.

Kim Kardashian's "Flour Bomber" May Face Criminal Charges

Fri, 30 Mar 2012 14:36:36 -0800

An incident that saw a bystander dump a sack of flour over the head of reality television star Kim Kardashian may result in the woman facing criminal charges for her actions. The incident occurred on March 22 at a launch party in Hollywood for Kardashian's new fragrance when a woman in the crowd "flour-bombed" her as she walked down the red carpet for the event, according to Reuters.

Photo Appears Courtesy of The Examiner

While the exact motives for the attack are not clear, it has been reported that it may have been an anti-fur protest as the woman apparently is an animal rights activist and has strong connections to PETA (People for the Ethical Treatment of Animals). As soon as she was covered in flour, Kardashian was quickly escorted away by security and the woman was detained by security and arrested after she attempted to flee the scene. While Kardashian was originally in a joking mood concerning the incident and did not press charges, she has since changed her stance, stating that the possibility of the attack using a harmful substance was frightening and she plans to press charges after all.

Due to the circumstances of the flour attack, these actions could technically be considered assault and battery, which police investigators will be looking into now that Kardashian looks to file a complaint. Under California Penal Code Section 240, an assault crime in Southern California is defined as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." This can be punished by up to $1,000 in fines and/or up to six months in county jail.

Battery is defined by Section 242 as "any willful and unlawful use of force or violence upon the person of another." This can be subjected to penalties including up to $2,000 in fines, county jail imprisonment for up to six months, or both.

Strong opinions and a desire to make statements often drive people to commit crimes they would not normally commit. The Ventura County battery defense lawyers at The Law Offices of Daniel Kann have the years of experience and skills needed to successfully defend you against harsh charges and penalties. For more information on how we can aid you, call our offices at (805) 290-4932.

Oxnard Police Search for Robbery and Attempted Rape Suspects

Thu, 29 Mar 2012 16:52:29 -0800

Police are searching for two men who are accused of robbing a business at knifepoint, with one of the suspects beating and attempting to rape a woman inside on March 15. According to ABC News 7, the two armed men entered the business and took money and video equipment while they held the victim at knifepoint.

While one of the suspects left the building to get in their nearby vehicle, the other stayed inside and physically assaulted the woman while threatening to rape her. The victim struggled with her attacker, and he then fled to the waiting vehicle. The two men took off and when police came to the business, they found the beaten woman inside. Police are currently searching for the men for robbery with intent to commit rape.

Robbery charges in Oxnard are serious matters and, depending on the circumstances of the incident, can result in even harsher penalties. California Penal Code Section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." First degree robbery (robbing a person in an inhabited building, who has used an automated teller, or is operating or in a commercial vehicle) is punishable by three, four, or six years in state prison or for three, six, or nine years if committed in concert with two or more other people. Anything else is second degree robbery, which can result in two, three, or five years in state prison.

Rape crimes are punishable under Penal Code Section 264, with those convicted facing three, six, or eight years in state prison. Being found guilty of attempting to commit a crime results in a defendant punished by half of what he or she would serve if he or she had successfully committed the crime.

Oxnard robbery defense lawyer Daniel Kann understands that a conviction can result in years spent behind bars and aftereffects that last far beyond a prison sentence. For a consultation from the experienced law team at the Law Offices of Daniel Kann, call (888) 744-7730 today.

What Southern California Crimes Qualify for Alternative Sentencing?

Fri, 23 Mar 2012 10:28:05 -0800

Being convicted of a crime can be a time of serious turmoil and grief for a defendant, especially when considering what punishments may lay in store for them. However, not all guilty verdicts have to end in a defendant going to jail for years as California law provides the chance for alternative sentencing for some crimes.

Not every crime is eligible for alternative sentencing, with most violent and sexual crimes not covered by the possibility. Factors considered for whether alternative sentencing can be provided are:

Whether the crime is serious or violent in nature;

If the defendant has a history of convictions;

If the crime involved using a weapon; and

Whether the defendant is a risk to him- or herself or others.

If any of these stipulations are true, then alternative sentencing will most likely not be given. Additionally, under California Penal Code Section 1174, known as the Pregnant and Parenting Women's Alternative Sentencing Program Act, pregnant women or women parenting a child younger than six years old that have a history of substance abuse and have not committed a violent or serious crime can be eligible for an alternative sentencing program to deal with their addiction and have access to their children.

Through approved legislation, including Proposition 36, Formal Drug Probation, PC-1000, and Deferred Entry of Judgment, many defendants convicted of drug crimes in Southern California and other illegal activities have the chance to not enter prison and enroll in rehabilitation. Alternative sentencing programs, depending on what the crime was and what is deemed best for the defendant, include therapy, community service, Alcoholics or Narcotics Anonymous, house arrest, electronic monitoring, probation, and various rehabilitation programs.

Alternative sentencing can save defendants and their families from years of hardship and grief while offering a chance to turn one's life around; however, it is not easy to obtain. The Camarillo alternative sentencing attorney, Daniel Kann, has the experience and skills to successfully find alternative sentencing for you. For more information on how we can aid you, call us today at (805) 290-4932.

Police Investigate Thwarted Oxnard Burglary

Wed, 21 Mar 2012 08:48:10 -0800

Three men with a handgun attempted to burglarize an Oxnard home on the night of March 4 when they entered the residence through an unlocked door and confronted the 28-year-old man inside. However, the man and his brother fought the suspects off and locked them out of the home before they could take anything.

Once the men were locked out of the home, they fired their gun into the home several times before leaving. There were four adults and one child in the house at the time, but thankfully no one was injured. Currently, police are investigating the incident under charges of burglary, assault with a deadly weapon, and shooting into an inhabited dwelling. Motive has not been reported by the police, and no suspects have currently been arrested.

Burglary is defined under California Penal Code Section 459 as entering into a house, room, apartment, tenement, store, and any other building, tent, or vessel "with intent to commit grand or petit larceny or any felony is guilty of burglary." It does not matter whether there are people in the building or not, simply that it is being used for dwelling purposes when the act occurs. When the building is inhabited as such, the crime is first degree burglary, which is a felony crime in California punishable by two, four, or six years in state prison. Otherwise, it is second degree burglary and is a misdemeanor punishable by a maximum of one year in county jail.

Being charged with burglary in California brings severe penalties that can alter a person's life long after they have carried out their sentence. Daniel Kann is a skilled Oxnard burglary defense attorney and has the experience needed to protect you from harsh and unnecessary charges and penalties. For a consultation on how we can aid you in your case, call us today at (805) 290-4932.

Lindsay Lohan Facing Hit and Run Allegations

Mon, 19 Mar 2012 08:12:39 -0800

Actress Lindsay Lohan finds herself back under legal scrutiny for possible criminal actions after being involved in an alleged hit and run accident that saw her hit a man with her car and then drive away during the early morning hours of March 15. However, conflicting reports from eye witnesses, the man who was hit, and Lohan herself paint different pictures of the accident.

According to reports, Lohan left The Sayers Club in Hollywood in her Porsche surrounded by paparazzi when she allegedly bumped into the knee of the Hookah Lounge nightclub's manager with her vehicle. According to witnesses, Lohan then took off in her vehicle without seeing if the man was alright. What makes the incident more complicated is an eye witness and Lohan herself claim that the man was never hit by the car at all, with Lohan herself saying the incident is "a complete lie." Additionally, police allegedly asked the man if he was alright and he said he was not injured; however, several hours later he went to the hospital for injuries suffered from being hit.

Currently, police wish to question Lohan about the case to decide if a criminal investigation is necessary. Due to being under probation, this may qualify as a California probation violation for the actress if found guilty of criminal charges.

Whether the accident is deemed criminal rests on whether there was actual contact between Lohan's car and the man and, if there was, whether he was truly injured in the accident. Under California Vehicle Code Section 20001(a), "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident." The driver must also exchange all important contact information with the victim and reasonably assist them with receiving necessary medical treatment for their injuries.

Those that violate this statute can be charged with a misdemeanor or a felony depending on whether there are injuries involved. Charged as a misdemeanor a defendant faces up to one year in county jail and/or a fine between $1,000 and $10,000. Charged as a felony the defendant faces two, three, or four-year state prison. If death results and it is determined that gross negligence was a factor then a defendant can face an additional five years in state prison.

Being accused of a hit and run is an incredibly serious matter as it may result in prison time and heavy fines that can forever change a defendant's life. If you or a loved one has been accused of such crimes, you can find quality legal defense from a Ventura traffic defense attorney at the Law Offices of Daniel Kann. Call us today at (805) 290-4932 for a complimentary consultation on your criminal case.

Protect Yourself from a St. Patrick's Day DUI Arrest in Ventura

Tue, 13 Mar 2012 17:27:39 -0800

St. Patrick's Day is a time for celebration and festivities that often include alcohol; unfortunately, many make the mistake of driving under the influence of alcohol (DUI) during this holiday. Over the years, St. Patrick's Day has created a reputation as a time when drinking and driving is much more common and, as such, DUI police enforcement skyrockets during the holiday weekend.

With St. Patrick's Day on March 17, the National Highway Traffic Safety Administration (NHTSA) wants Southern California to be aware of the risks of the holiday and what they can do to avoid a DUI arrest. The best defense against being arrested for a DUI is to not drive drunk at all. Before going to a party, make plans for how you will get home safely without driving drunk. Make sure that this decision is made prior to drinking as it will be harder to make clear decisions after drinking any alcohol. If you plan to drink, secure a safe ride home with a taxi service, public transportation, local sober ride program, or a designated sober driver. Additionally, leaving your car keys at home will prevent you from making the choice to drive drunk.

California Vehicle Code Section 23152 states that it is illegal to drive with a blood alcohol content of 0.08 percent or greater. The penalties for being convicted under California DUI law vary depending on how many times a person has been convicted of breaking the law, with fines and fees ranging up to $3,500, jail time reaching a maximum of one year upon a second offense, license suspension for up to three years on a third offense, and DUI school and the installation of an ignition interlock device possible on the first offense.

Make sure to drink responsibly and not drive drunk this St. Patrick's Day, or you may face serious criminal charges. Unfortunately, with so many officers and checkpoints looking for drunk drivers this holiday, the possibility of a wrongful arrest becomes even more likely. Daniel E. Kann, Ventura drunk driving defense attorney at the Law Offices of Daniel E. Kann, has the skills to protect you from severe penalties for your DUI. For more information, call us today at (805) 290-4932.