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The state of California has laws related to driving with open containers of alcohol in a vehicle and for consuming alcoholic beverages while driving. They are primarily used to prevent drunk driving and keep the roads safe. California’s open container laws are defined under Vehicle Code Sections 23221...

I’ve been doing this for 30 years, and I can give you an idea of what goes into the process of deciding how much a federal criminal defense attorney will charge you to handle your or your loved one’s case. The first thing I would mention is proximity.  How close is the attorney’s central office to the court...  

If you or a loved one is being charged with a federal crime, this question has got to be first and foremost on your mind because you probably never had to select an attorney before, let alone a federal criminal defense attorney. Federal and State are two different beasts.  I do both, but you want an attorney...

I’ve been handling California Penal Code 243.4 PC sexual battery cases in CCB 210 West Temple, the main downtown courthouse, for 30 years. So, if you or a loved one is charged with sexual battery and you’re handling your case down at CCB, also known as the Clara Shortridge Foltz Criminal Justice...

These violent felonies that people are being charged with are severe because typically, a violent felony will be charged as a strike, and the person will be facing prison time and being served at 85% instead of the normal 50% for most criminal charges. So, if you or a loved one is charged with a violent...

What are the best practices for a California Penal Code 245(a)(1) assault with a deadly weapon case at the Criminal Courts Building (CCB) downtown Los Angeles court located at 210 West Temple, also known as the Clara Foltz Courthouse? I’ve been handling assault with deadly weapon cases at the CCB...

What role does the Los Angeles District Attorney’s Office play in criminal cases? This seems like an obvious question, but if you or a loved one is charged with a criminal case in LA county, the district attorney’s office will likely be the agency that prosecutes you. They handle all felonies and some misdemeanors...

This is a good question because if you get charged with California Penal Code 664/187 attempted murder with premeditation and deliberation, you’re looking at 15 to life, so you want to make sure there are any defenses available to you that you utilize them. The first defense I would say, having...

Suppose you’ve been arrested in Los Angeles county Close to the courthouse at 210 West Temple, also known as the Criminal Court Building (CCB), the Clara Foltz Courthouse. In that case, you will appear in Department 30 if you’re being charged with a felony case.  That’s the arraignment court...

I’ve tried many California Penal Code 664/187 PC attempted murder cases over my 30-year career, and I can tell you right now, when you start to assess these cases, you look at what the elements are of the crime and then you compare it to what evidence the prosecutors have to try to prove the case...

Unfortunately, this question is not easy to answer, and I think the bottom line is that there is no usual punishment in a California Penal Code 187 PC murder case. If you get convicted of first-degree murder, you’re facing a sentence of 25 to life. If you get convicted of second-degree murder, you’re...

Does using a gun in a California Penal Code 187 PC murder case make a difference in the potential sentence you’re facing? Usually, the answer to this is a quick yes; it does.  If you fire a weapon, technically, the law says that you can have an extra enhancement if you hit somebody. California Penal Code...

The Criminal Courts Building (CCB) is the central hub courthouse and has been around for many years.  It’s where most of the prosecutors, judges, and courtrooms in all of the courthouses in LA County are. CCB is the main courthouse.  It’s called the Clara Foltz Courthouse downtown at 210 West Temple...

This is the main downtown courthouse in Los Angeles County.  There may be approximately 30 courthouses throughout the county; however, the one at 210 West Temple in downtown Los Angeles is what I would characterize as the hub courthouse. It’s the biggest one.  It has the most judges.  It’s where all...

I think people are starting to realize more and more that the California legislature, police, prosecutors, and judges are sick and tired of dealing with guns in Los Angeles. This is a hot political issue right now, and in every single aspect of the government, guns are at the top of the list for prosecuting, arresting...

If a victim is shot in a California Penal Code 187 PC murder case, does that make the crime more serious? PC 187 murder is defined as killing another human being "with malice aforethought." However, different circumstances determine whether a defendant will be charged with first-degree or...

Can the police use a Perkins informant to get a statement from a defendant in a criminal case?  California law enforcement detectives often utilize informants to try and build a case against somebody they believe committed a crime. The use of informants in criminal cases is pretty standard. Still...

This is a question that I’m sure is on many people’s minds that are charged with a crime.  Whether you’re charged in Los Angeles or anywhere in the country, you want to find the best possible criminal defense attorney. I understand this because there’s a lot on the line.  You probably lost control in the...

Many people charged with a federal criminal case have a bad record, impacting their criminal history.  Why that’s important is because criminal history plays a big part in what your sentence is going to be in a federal criminal case.  In other words, the higher your criminal history level, the higher your...

The federal sentencing guidelines are rules federal judges have to consider at sentencing a convicted defendant. They are set up to give federal judges fair and consistent sentencing ranges when imposing a sentence. The sentencing guidelines are based on the severity of the crime and the defendants...

The United States Sentencing Guidelines match a total offense level with a criminal history category for a defendant to reach an advisory guideline sentencing range in the form of how many months in the Federal Bureau of Prisons.   This calculation is the starting point for sentencing a defendant in...

How will recent gun violence affect you if you are charged with a gun-related crime in Los Angeles, which is probably one of the most restricted counties in the nation regarding guns and gun control? The bottom line is that if you’re charged with a gun offense, you could either be prosecuted by the...

It’s a quick query but a lit bit longer of an answer.  California Penal Code 187 PC defines the crime of murder as the unlawful killing of someone or a fetus with malice aforethought. First-degree murder covers all premeditated killings and felony murder, which involves a scenario where somebody dies during...

Those individuals charged with felony evading under Vehicle Code Section 2800.2(a) are looking at prison.  Prosecutors and judges are very harsh regarding these types of crimes because of the danger to society. That includes danger to the person driving, the threat to people on the road...

There are many shootings throughout California, and people are looking for attorneys for those individuals who are involved in the shooting, and there are a lot of different things that can happen if the person is involved in a shooting. First, they might not be charged with any crime.  If they were...