Tag: 1.800.NoCuffs

DUI Blood Sample Investigation & Evidence Testing

Posted by Brianna Wilkins on May 4, 2012

DUI blood sample investigation & evidence testing is a key strategic move in any criminal defense case.

DUI Blood Sample Investigations

Believe if or not, some criminal attorneys don’t include analysis of blood tests in their fees.

Going the extra mile to challenge prosecution evidence in a California DUI case is extremely important. A strong defense begins with lots hard work. It’s important to think through all of the possible things that could potentially be incorrect in your case. The Kavinoky Law Firm excels at defense. For example, if you took a blood test before your California DUI arrest, we will double check. Consequently, we will order an independent test of your blood sample at no extra charge.

The Logic Behind Independent Testing

The reason why we order an independent blood test is simple. Errors occur in blood testing more often than police and prosecutors like to admit. In fact, a blood sample in a California DUI case is not always perfect. Improper collection, storage, or analysis can ruin one’s reputation. Additionally, it is even possible to accidentally swap a sample from another driver.

The blood sample in your California DUI has specific instructions for collection and storage. Consequently, improper storage or collection provide problems or solutions. The blood needs to go into a glass tube that contains a mix of preservative and anticoagulant. If the preservative level is incorrect, your blood sample can ferment, creating alcohol and an inflated result. If the tube doesn’t contain enough anticoagulant, your blood sample will clot, which also creates falsely high blood alcohol levels. This is why independent testing of the same sample is essential for an effective California DUI defense.

Tests Aren’t Always Accurate

Even when a blood test is accurate, it merely indicates that your BAC was over the limit when you were tested, not when you were driving. It is not against the law to exceed the legal limit while at the police station, only while behind the wheel. Your body can absorb alcohol for a long time after you stop drinking, so your BAC may have risen between the time you were pulled over and the time you were tested.

An independent blood test is a crucial part of an aggressive California DUI defense. Therefore, that’s why The Kavinoky Law Firm includes this service in their retainer. For more information about California DUI defense, please contact us today at 1-800-NO-CUFFS for a free consultation.

Contributing to the Delinquency of a Minor

Posted by Brianna Wilkins on May 4, 2012

Contributing to the delinquency of a minor is a misdemeanor offense in California. Those who coerce, persuade, or aid minors in committing crimes, are liable for prosecution.

Contributing to the Delinquency of a Minor

This charge exists to prosecute those who commit or fail to commit an act which induces crime. Specifically Contributing to the Delinquency of a Minor causes or encourages a person under the age of 18 to commit crime. The child is now a ward or dependent of the juvenile court.

The state may also levy this offense against an individual who either:

Threatens,
Commands,
Persuades, or
Induces a minor, ward or dependent child of the juvenile court to do or perform a crime. Additionally, this act may cause the child to remain such a ward or dependent. So, this act itself is a crime.

Since this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense.

Contributing to the Delinquency of a Minor Conviction

If convicted under either of these circumstances, the accused faces a misdemeanor. This misdemeanor carries a maximum fine of $2,500 and up to one year in county jail. Additionally, it carries a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, then the consequences increased. Now, the accused now must register as a sex offender, pursuant to California Penal Code 290.

In order to avoid these penalties, it is imperative that the accused contacts a criminal attorney. In fact, ensure the attorney knows what defenses typically apply to this type of offense. The lawyer must also know how to effectively convey them to a judge and jury.

The skilled defense attorneys at The Kavinoky Law Firm specialize in crimes against children and in California sex crime defense. They are well-equipped to tackle any issue that comes their way.

Additional Charges

Contributing to the delinquency of a minor is applicable to someone who does know the child.

As a matter of fact, a “stranger” over 21 years of age who knowingly contacts/communicates with a minor under age 14 this the person is now open to prosecution. It does not really matter in the eyes of the law whether the person reasonably knows the child’s age. If this contact begins for the purpose of:

Persuading and luring, and/or
Transporting; or
Attempting to persuade, lure, and/or or transport that minor away from the minor’s home, or from any location known by the minor’ s parent, legal guardian, or custodian, without the consent of such an authority and with the intent to avoid that authority’s consent.

A “stranger” is a person of casual acquaintance with whom no substantial relationship exists. Conversely, this person can also be one with whom a relationship exists for the primary purpose of victimization.

Additional Penalties

Depending on the severity of the offense and on the defendant’s prior criminal history, the accused faces either an infraction (punishable by a fine) or a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If there was an emergency situation (which means that there was a situation where the minor was threatened with imminent bodily harm, emotional harm, or psychological harm) that led to this offense, that will serve as a defense and the accused cannot be convicted of this charge.

An individual who contacts minors as a part of his or her legitimate job or as a volunteer of a recognized civic or charitable organization is also exempt from conviction, so long as the contact was otherwise lawful.

An individual who either owns, leases or otherwise operates a place where a prizefight or cockfight is advertised or represented to take place who admits a minor onto the premises or who sells or gives an admission ticket to a minor will be charged with a misdemeanor, punishable by up to $100 or by a maximum 25-day jail sentence. This type of offense will be prosecuted under the theory of contributing to the delinquency of a minor.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm know the law in great detail. Especially pertinent to this type of crime and crimes against children. They keep up-to-date on the latest laws and cutting-edge trial strategies that are relevant to these types of crimes. In turn, this gives their clients a tremendous advantage.

The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation.

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Statutory Rape Laws and Penalties in California

Posted by Brianna Wilkins on May 4, 2012

Statutory rape, by definition in California, is for the governance and protection of minors.

This charge encompasses unlawful sexual intercourse with a minor. In California, a minor is anyone under the age of 18. An individual under the age of 18 years isn’t legally capable of giving consent. Of course, this law is regardless of how physically, emotionally, or mentally mature he or she is or appears.

Additionally, the courts may convict anyone of any age this crime. Therefore, adults are not the only ones capable of arrest for statutory rape. It’s true, depending on the circumstances, even two minors involved in a relationship may find themselves under arrest.

The Difference Between Rape and Statutory Rape

Knowing the above, it is clear the main differences between rape and statutory rape is age. Even if no force, threat, or duress occurs. In fact, this act is still a sex crime solely because of the age of the alleged victim.

Since statutory rape offenders face a haunting social stigma and serious penalties, it is imperative that the accused hires a qualified criminal defense lawyer as quickly as possible so that the attorney has an opportunity to develop the most effective defense possible. The skilled criminal attorneys at The Kavinoky Law Firm have mastered this difficult field of law and know what it takes to successfully defend their clients.

Penalties for Statutory Rape Convictions

The penalties that are imposed in connection with a statutory rape conviction will vary, depending mostly on the age of the accused and on the age of the alleged victim.

There are three major categories of penalty in which this conviction falls:

First: A Misdemeanor Charge. When the accused is no more than three years older or younger than the alleged victim.
Second: Misdemeanor or Felony Charge. If the accused is more than three years older than the alleged victim. This misdemeanor conviction carries up to 1 year in county jail or state prison.
Third: Misdemeanor or Felony Charge. If the accused is 21 years old and has sexual intercourse with a minor younger than 16. This misdemeanor conviction carries a penalty of up to 1 year in county jail. If it is a felony conviction, it carries 2 to 4 years in state prison.

An adult facing a statutory rape charge will likely also face further civil penalties. This person may be civilly liable for up to $2,000. Additionally, the punishments increase based upon age difference. For example,

If the minor is at least two years younger than the adult, the accused looks at up up to $5,000 in fines.
Furthermore, if the minor is at least three years younger, the accused may face up to $10,000.
Finally, if the accused is an adult over the age of 21, they face the most severe penalties. If this adult engages in an act of unlawful sexual intercourse with a minor under 16, they’re facing a $25,000 penalty.

The Importance of Criminal Intent

The primary defense in a statutory rape case will be a lack of criminal intent, where the accused reasonably believed that the alleged victim was over the consenting age. Statutory rape was once a strict-liability crime. This meant a defendant faced conviction of this crime even if they were genuinely ignorant. If a person did not know a factor which makes the act or omission criminal, it did not matter.

However, California now recognizes ignorance as a defense where the accused participated in a mutual, sexual act. This is true only if the defendant believed their partner was of legal age. Of course, the attorney must prove the accused has reasonable grounds for such belief. However, committing lewd or lascivious acts with a child under the age of 14 is still a strict-liability offense. (California Penal Code 288)

The experienced lawyers at The Kavinoky Law Firm dedicate themselves to help their clients defend against this devastating charge. Their excellent legal advice and outstanding representation are available to those in need of a California sex crime defense attorney, and they have law offices in Los Angeles and throughout the state. Contact the firm today for a confidential, free case evaluation.

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. He is also a popular 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.

DMV Unit of Kavinoky Law Firm – California Attorneys

Posted by Brianna Wilkins on May 4, 2012

DMV Unit of the The Kavinoky Law Firm’s specializes in unique suspensions as well as DUI suspension cases.

California License Suspension

Your driving privileges are not always permanent. Your ability to legally drive in California comes under threat when certain circumstances occur. These circumstances include:

Medical suspension. A doctor or someone else informs the DMV that you may have a condition that prevents you from driving safely.
Negligent operator suspension. This means you have too many points on your record.
California DUI arrest. Now, you need a skilled advocate fighting for your rights.

A person facing a conviction for any of these reasons gets a hearing before the California DMV. The California DMV may not suspend your driver’s license without the hearing. It’s possible to successfully fight a driver’s license suspension.

Two Separate Cases

If arrested for California DUI, or another driving-related crime, it’s important to know a few things. First of all, a drunk driving arrest actually triggers two separate cases. In fact, this arrest triggers a case in criminal court and at the California DMV.

Additionally, both cases require aggressive action with a successful attorney. However, the California Department of Motor Vehicles case is a far more time sensitive issue. You have only 10 days from the date of arrest to request an administrative per se hearing. If this is not done, the DMV suspends your driver’s license automatically.

License Suspension

The California DMV can and will suspend your driver’s license if you lose your hearing or fail to request one. Therefore, you need a legal team that has the experience to fight for you. The Kavinoky Law Firm’s DMV Unit is here to help. Our DMV Unit has a solid record of positive results in fighting for drivers’ rights after a California DUI arrest.

We’ve saved clients’ driver’s licenses in the most extreme circumstances. In fact, even when they were accused of having a relatively high blood alcohol content (BAC). We fight to exclude evidence of a chemical test. If that effort is successful, the DMV hearing officer can’t even consider blood or breath test result.

DMV Unit & Advocate Working for You

The Kavinoky Law Firm has a former California Department of Motor Vehicles hearing officer who acts as a fulltime advocate for our clients at the DMV. Our DMV advocate participated in countless per se hearings at the California Department of Motor Vehicles, so he thoroughly understands both sides of the process.

A managing attorney oversees all of The Kavinoky Law Firm’s DMV cases, and furthermore, our team includes an American Bar Association-certified paralegal. Our comprehensive team approach to tackling your California DMV case will result in a unified effort to protect your driving privileges.

If you find yourself facing a California DMV suspension, you need a good criminal defense attorney. Due to the extreme penalties associated with these accusations, don’t wait.

A negligent operator allegation or a medical suspension is difficult and not fun to manage. But most of all, if you have a DUI arrest, you need a skilled advocate fighting aggressively for your rights. The DMV Unit of The Kavinoky Law Firm is here to help. To learn more about effective defenses to a DMV administrative action, please contact us today at 1.800.NO.CUFFS for a free consultation.