Tag: 1.800.NoCuffs

1.800.NoCuffs is a sponsor of the USC Radio Broadcast on ESPN LA 710

USC Radio Broadcast on ESPN LA 710

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USC Radio Broadcast on ESPN LA 710

September 2, 2016–Los Angeles, California–It’s almost kickoff time! Who will you be rooting for when the whistle blows and the game begins?

1.800.NoCuffs is a proud sponsor of the USC Radio Broadcast on ESPN LA 710, ready to kickoff this weekend. USC goes up against the Crimson Tide on Saturday, September 3rd, 2016. Listen to the USC vs. Alabama game preview via ESPN.com here.

Tune in to ESPN LA 710 to hear the live broadcast as the So Cal team goes up against tough rivals week after week! Click here or visit espnla.com. ESPN Los Angeles carries the So Cal sporting events you want to hear including broadcasts about Rams, Lakers, Clippers, Dodgers, Angels, USC (FB), UCLA (FB), Kings, Ducks, and more!

via USCtrojans.com For changes, updates, and cancellations, please check with the official team website.

  • Week One

09/03/16 vs. Alabama Arlington, Tex. 7:00 p.m. CT
TV: ABC

USC FIRST HOME GAME

Tickets are still available for the first home game. USC plays Utah State at the L.A. Coliseum at 11:00AM PT. You can purchase game tickets here.

WEEK BY WEEK SCHEDULE

  • Week Two

September 10th
09/10/16 vs. Utah State L.A. Coliseum 11:00 a.m. PT
TV: PAC-12 NETWORK

  • Week Three

September 17th
09/17/16 at Stanford Palo Alto, Calif. 5:00 p.m. PT
TV: ABC

  • Week Four

September 23rd
09/23/16 at Utah Salt Lake City, Utah 7:00 p.m. MT
TV: FS1, FOX DEPORTES

  • Week Five

October 1st
10/01/16 vs. State Arizona State L.A. Coliseum TBA

  • Week Six

October 8th
10/08/16 vs. Colorado L.A. Coliseum TBA

  • Week Seven

October 15th
10/15/16 at Arizona Tucson, Ariz. TBA

  • Week Eight

October 27th
10/27/16 vs. California L.A. Coliseum 7:30 p.m. PT
TV: ESPN

  • Week Nine

November 5th
11/05/16 vs. Oregon L.A. Coliseum TBA

  • Week Ten

November 12th
11/12/16 at Washington Seattle, Wash. TBA

  • Week Eleven

November 19th
11/19/16 at UCLA Pasadena, Calif. TBA

  • Week Twelve

November 26th
11/26/16 vs. Notre Dame L.A. Coliseum TBA

GAME TATTOOS

If you want a 1.800.NoCuffs tattoo to rock at a game, email your first and last name, and U.S. mailing address to info[@] nocuffs[dot]com.
1.800.NoCuffs is the number you hope you never need but should always keep on hand. From DUI arrests to federal criminal charges, 1.800.NoCuffs has attorneys on call every single day of the week and weekend 24/7 available to assist you with your legal issues, questions and concerns.
#1800NoCuffs
Because no one looks good in handcuffs #UnlessYoureIntoThatSortOfThing
http://www.instagram.com/1800nocuffs

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White Collar Incarceration vs. Other Felony Incarceration

Posted by Brianna Wilkins on

Incarceration is not the same for all criminals. Furthermore, not all states and counties are the same.

If you have a conviction for white collar crime, you may be wondering about your incarceration. Likely, you want to know if it will be different from those convicted of more violent felonies. The short answer: they’re different. For the longer answer, keep reading. While some call white collar prisons “resort prisons,” the dividing line is the protections for the outside world. To put it plainly, the biggest difference is the amount of security in the prisons for each type of offender.

Incarceration Type and Violence

Typically, white collar crimes non-violent in nature. They typically do not cause direct physical injury or harm to the victims. Therefore, white collar criminals get special sensitivity in some cases. In fact, in most cases, major-league, white-collar criminals don’t face much prison time. Consequently, the time they do spend in prison is in low-security penitentiaries where they enjoy freedoms unknown to other felons.

Minimum Security vs. Maximum Security Prisons

Prisoners who fall into the minimum security threshold typically sleep in dormitories or bunk beds with lockers. They use the lockers to secure their possessions. Also, there is very little supervision over the internal movements of prisoners, They are often given the freedom to wander the grounds and visit the different areas of the prison. Minimum security prisons often include libraries and entertainment rooms in which to read or watch television.

Minimum security facilities generally have a single fence that is watched, but not regularly patrolled. Prisoners often work off some of their time on community projects, like roadside litter cleanup or by working at a wilderness conservation. In most states, prisoners in minimum security facilities are allowed to access the internet and have more chances to see visitors.

The conditions of a minimum security prison are vastly different from maximum security prisons. In max, the prisoners have individual cells with sliding doors. A secure station controls when they open and close. It’s not uncommon for prisoners in maximum security prisons to spend 23 hours per day in their cell. When out of their cell, prisoners remain in the cellblock or an external cage. Movement in and out of these cellblocks is only with restraints and correctional officer escorts.

White Collar Criminals Adjust Well to Prison Life

According to researchers at the University of Cincinnati and the University of Missouri, white collar criminals adapt to prison just as well as other types of felony offenders. In some cases, they do even better. It’s true! The results of the study show that white collar criminals do have the same negative experiences as others. However, although this is the case, it is not true that white collar criminals don’t experience their own discomforts in a prison setting.

The assumption that white collar criminals can’t adjust to a prison environment is simply not true. Many theorize that because of their middle-class lifestyle, they struggle to acclimate. However, the truth is they are no more different than anyone else. In reality, white-collar criminals have the same number of problems and suffer from the same issues. In fact, in some cases, these offenders actually adapt better than others.

Criminal Defense Attorneys

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.

Misdemeanor DUI

Posted by Brianna Wilkins on

Misdemeanor DUI charges are among the most popular driving arrests in the country. In fact, the majority of driving under the influence arrests are misdemeanors. Although a misdemeanor is less serious than a felony offense, it is still a crime in the state of California. So with that crime also comes its own set of penalties. With that said, hire an experienced criminal defense attorney the first chance you get.

Misdemeanor DUI Penalties

Under California state law, even first time misdemeanor offenses carry a fine of:

  1. Up to $1,500,
  2. A six-month license suspension,
  3. Community service requirements, and
  4. Time behind bars.

Though these penalties may seem harsh, they’re quite lenient compared to the penalties for felony DUI.

Drunk-Driving Laws in California

California has two basic drunk driving laws:

  1. It is a misdemeanor to drive under the influence of alcohol and drugs, and
  2. It is a misdemeanor to drive with a BAC of .08% or more.

In most cases, a defendant sees both charges in court. Although the defendant may be charged with both offenses, they can only receive punishment for one. Also, the penalties are the same for both offenses.

Misdemeanor Charges

If this is your first driving under the influence offense, chances are you’ll get a misdemeanor DUI charge.

A DUI arrest triggers two cases. First, the case with the criminal court. Second, a case with the DMV. With misdemeanor cases, there is no need for a grand jury to convene and investigate the DUI charges. Additionally, the offender may keep some of his or her rights. Unlike those convicted of felonies, this defendant keeps the right to serve on a jury, vote, or practice certain professions.

To determine whether your offense is a misdemeanor or felony, the court will review several factors. These include the circumstances of your arrest and any previous criminal activity. Most DUI cases fall under the realm of a misdemeanor unless a few conditions are true. You’re more than likely to face felony charges if you were:

  • Involved in an accident,
  • Driving more than twenty miles an hour over the speed limit, or
  • Driving a passenger under the age of fourteen in your vehicle.

Penalty Information

The penalties for a misdemeanor DUI in the state of California usually include informal probation for up to five years, up to six months in county jail, up to $1,000 in fines, mandatory alcohol and/or drug programs, and a license suspension that can last for up to ten months. Depending on how many previous misdemeanor DUIs are on your record, a mandatory jail sentence may be included in the penalty.

There are a variety of ways to fight a misdemeanor DUI charge in the state of California. Chemical tests come with their own set of inaccuracies, and certain medications may have an effect on your blood alcohol content. Additionally, sobriety checkpoints must adhere to strict legal requirements. If an officer forgets to read you your Miranda Rights, you may win your case.

If you’ve been arrested for a misdemeanor DUI, an experienced criminal defense attorney can help you win your case and protect you and your family from the criminal and financial penalties associated with a misdemeanor DUI.

Other Weapons Offenses: Bladed and Blunt Weapons

Posted by Brianna Wilkins on
weapons offenses
weapons offenses

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.

Find a DUI Lawyer Near Me

Vital information on California’s Assault Weapon Laws

Posted by Brianna Wilkins on

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:

  1. AK series,
  2. AR-15 series weapons, and
  3. 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:

  1. Render the weapon inoperable,
  2. Sell the weapon to a licensed gun dealer,
  3. Obtain a permit from the California Department of Justice to possess an assault weapon, or
  4. 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

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. 

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

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:

  1. Lie to the police,
  2. Destroy evidence, or
  3. 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.

Find a DUI Lawyer Near Me

Holidays are the Most Dangerous Time of the Year

Posted by Brianna Wilkins on

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.

Find a DUI Lawyer Near Me

 

Types of DUI Offenses

Posted by Brianna Wilkins on

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

dui offenses

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

In most cases, criminal charges consist of two offenses:

  1. Driving under the influence, and/or
  2. 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:

  1. Driving under the influence with a child under 14 in the car,
  2. Excessive speeding at the time of arrest,
  3. Chemical test refusal, and/or
  4. 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

After Arrest: What to Do Following Police DUI Arrest

Posted by Brianna Wilkins on

Arrest for DUI can be a scary thing: don’t panic. There are things you can do to work to ensure your fair treatment. First things first, hire an experienced criminal defense attorney.  A great attorney will work to get you the best outcome possible from your case.

What to Do First After DUI Arrest

There is an lot of circumstances that lead to an arrest for a California DUI / DWI or drunk driving. For example, maybe you and your date shared a bottle of wiafter arrestne at dinner. Sadly, in your excitement to get home, a police officer pulled you over for speeding. If the officer detected the smell of alcohol on your breath, now you’re in trouble. Or, let’s take another situation, maybe you had one too many at a friend’s wedding. A police officer pulls you over when you fail to come to a complete stop somewhere. The point is that a drunk-driving arrest happens to almost anyone at any time. When it does happen, a call for a California DUI attorney is a must.

While you may have feelings of distress or anger following your arrest, do not bury your head. Waste no time in hiring qualified California criminal defense lawyers or a DWI criminal defense lawyer. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles. If you or someone you know is facing a charge of driving under the influence, you need legal assistance. You may need to locate someone who remains in custody, and you will need to locate a bail bondsman. Consequently, a lawyer that specializes in California DUI laws can help you navigate the confusing California system.

Custody and Bail

It is not always simple locating a friend or loved one who is in custody. Without the right information, it can feel downright impossible. When attempting to locate someone it is helpful to have the individual’s full name, birth date, and booking number from the arrest.

Most often, one is released on their own recognizance (OR) following an arrest for a DUI / DWI in California. This means that a person is free to go but must return to court for their arraignment. There is a great deal of trust here, as there is no bail paid. However, this does not mean that they are not in need of California criminal defense lawyers.

With this said, there are circumstances in which a person is held in custody until they pay bail. In such cases, locating a dependable bail bondsman is crucial. The bondsman can help secure the rapid release of the suspect. Additionally, the bond helps speed up the beginning to his or her defense. Typically a bail bondsman requires a down payment equal to ten percent of the total amount of bail.

DMV Case and California Criminal Case

A DUI / DWI charge in California actually results in two separate cases. You will face a California Department of Motor Vehicles case and a California criminal case. Each case needs to happen as soon as possible in order to avoid unnecessary negative repercussions.

In California DMV cases a person accused of drunk driving has ten (10) days from the date of arrest to request a DMV hearing. If this doesn’t happen, the DMV automatically begins a process of suspending the person’s license to drive.

In the criminal case involving driving under the influence, the first step is the arraignment. At the arraignment, you enter a plea of Guilty, Not Guilty, or No Contest. Remember, you don’t have to enter a guilty plea. An experienced California DUI attorney can fight your case and win. However, they must know the California DUI laws in every detail.

Hire Great Counsel

Oftentimes, it takes costly resources to fight a CA DUI / DWI case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy. Success can happen in both the DMV hearing and the criminal drunk driving case.

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.

Cocaine

Posted by Brianna Wilkins on

cocaine lawyersCocaine is a Schedule II drug under California Health & Safety code 11055 (b) (6)), and it’s illegal to use, possess, sell, possess for sale, and manufacture. Violation of California’s cocaine laws can result in felony charges that carry significant prison time. Consequently, if you’re facing a California cocaine charge, you should have an experienced defense lawyer fighting for your freedom. Additionally, a skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a cocaine charge.

Cocaine Penalties

What is especially relevant here is that sentencing changes based off of the crime. California’s determinate sentencing laws spell out a lower term, a middle term, and an upper term for felony offenses spelled out in months or years.

In fact, the punishment handed down after a cocaine conviction will be determined by the facts of your case and by aggravating and mitigating factors. These factors are circumstances that prompt the judge to treat you more harshly leniently. Mitigating factors are almost always very helpful in a case. You’re probably going to talk to your attorney about these following your arrest.

The following charges can be brought in a California cocaine case:

Section Number
Charge
Sentence
11350
Cocaine possession
16-2-3
11351
Possession for sale
2-3-4
11352
Sale (transport, import, furnish, administer, give away, etc.)
3-4-5
11379.6
Manufacture (process, prepare, etc.)
3-5-7 plus $50,000
11355
Agrees to sell, then sells another substance in lieu of
Misdemeanor or 16-2-3
11366.8a
Possess or use false compartment in vehicle to store or transport
Misdemeanor or 16-2-3
11366.8b
Design or construct false compartment in vehicle to store or transport
16-2-3
11401
Analog of cocaine (controlled substance) (i.e. substantially similar chemical structure or effect)
PC 182a1
Conspiracy to do any or all of the above (same as substantive charge)
11532
Loitering in a public place
Misdemeanor
with the intent to commit a drug offense

Sentencing Enhancements

In addition to the charges in a California cocaine case, there are also numerous sentencing enhancements that can be filed that, if proven, can substantially increase your punishment. Another penalty can add include  more time for weight enhancements, prior convictions, firearms, locations, and minors.

Therefore, if you’re facing a California drug charge, you could see substantial prison time. Additionally, there are other significant repercussions to this conviction. However, it’s entirely possible to aggressively fight your charge. Hence, you need a lawyer – and you need one quickly. Luckily, a skilled California criminal defense attorney from The Kavinoky Law Firm is ready to review your case and help you plan your next move. Please contact us today at 1.800.NO.CUFFS for a free consultation.

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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.