Tag: criminal defense attorney

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.

Bail Bonds – Release on Recognizance

Posted by Brianna Wilkins on

Bail bonds can feel like an overwhelming and complicated part of the arrest process.

Whether you or a loved one is facing conviction for DUI (drunk driving) or murder, a misdemeanor or a felony, you want out of jail. Therefore, one of the first priorities is to get the accused released from custody.

Bail, Bail Bonds, and O.R.

Release may be by way of a simple promise to appear, also known as being released O.R., or on one’s own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to secure release.

Most counties have a “bail schedule”, which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations, and a corresponding bail amount. These are the “presumptive” bail bonds amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider:

  1. The bail schedule,
  2. Seriousness of the offense,
  3. Previous criminal record of the defendant, and/or
  4. Whether the defendant has ties to the community, owns property, or has a job, and many others.

Types of Bail

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an person cannot go home until a sufficient period of time. The person must allow their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is not allowed by the arresting agency. In cases involving drugs, or criminal enterprises, a source of bail hearing must occur. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

Once you know bail prices, it amount shows up in one of several ways:

  1. Cash bail,
  2. Government bonds,
  3. Real Property, or
  4. Bail Bonds. This last option is the most popular of all four.

Bail Bondsmen

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

We work with some of the best, most dedicated bail bondsmen in the business. Like our offices, these bondsmen dedicate themselves to providing the best possible service. They give their clients excellent value for their investment. If someone you care about needs to bail out of jail, you can call on them for immediate help.

Hire an Attorney

If you should find yourself arrested for DUI, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. 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.

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Drug Charges in California – Substance Abuse Evaluation Included

Posted by Brianna Wilkins on

Drug charges in California are serious for several reasons. Of course, there is the legal concern, but secondly, there is the emotional well-being of yourself or your loved ones.

Drug Charges – Substance Abuse Expert

Many California criminal offenses involve alcohol and/or drugs. However, not many defense lawyers include an evaluation by a qualified substance-abuse expert as part of their fee. The Kavinoky Law Firm is unique. We include an evaluation and court appearance by Dan Cronin from Assessment Intervention Resources (AIR). Of course, this is included in the retainer on cases involving alcohol or drugs.

Dan Cronin is AIR’s president and founder. He is an alcohol and drug counselor who worked with a psychologist and psychiatrist to develop a brilliant system. The three experts developed a unique care-management model for individuals with alcoholism and drug addiction.

This treatment method is incredibly effective. In fact, it is so effective that many organizations work with this system to help their members. These groups include the NHL, MLS and numerous public corporations in the United States and Canada. These organizations choose AIR as their care management provider for drug and alcohol problems.

Benefits of Evaluation

Of course, not everyone facing a California alcohol- or drug-related crime has a substance-abuse problem, but many do. An assessment by substance-abuse expert Dan Cronin provides tremendous benefit to the defense. This evaluation is beneficial for those who are suffering from substance abuse issues and those who aren’t.

For example, a driver arrested for California DUI who receives a substance-abuse evaluation that recommends treatment for alcoholism may be able to receive the alternative sentence of rehabilitation rather than jail.

In another scenario, a substance-abuse evaluation that concludes that someone facing a narcotics offense exercised poor judgment rather than having a drug problem may persuade the court to treat the defendant more leniently because a repeat offense appears to be less likely.

Hire Great Defense

The participation of a nationally renowned substance-abuse expert can make a tremendous contribution to your defense. Consequently, and The Kavinoky Law Firm includes an evaluation by substance-abuse expert, Dan Cronin. For more information about the role of a substance-abuse expert in a California criminal defense, please contact The Kavinoky Law Firm today.  Reach out at 1-800-NO-CUFFS for a free consultation or to contact an attorney in your area.

Successful Defense Attorneys

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Successful defense attorneys have a solid strategy.

The Kavinoky Law Firm Has a Demonstrated Track Record of Results

It’s easy to make promises about the outcome of your California criminal case. Instead of making empty promises, The Kavinoky Law Firm has a demonstrated track record of favorable outcomes to California criminal cases.  An overwhelming majority of our cases are resolved satisfactorily without ever going to trial. Since we have the most prepared attorneys, we are the best option.

How do we accomplish this?

  1. Our criminal defense attorneys possess superb negotiating skills. They use to our clients’ advantage to obtain the best possible outcome.
  2. We get to know our clients. A solid understanding of your expectations and goals before we even start to negotiate on your behalf helps us all win.

Our affordable rates include an unlimited pretrial phase. Therefore, this means that if negotiations go on for three, six, or nine months – or even longer – you won’t pay any additional fees. We’re confident in our ability to obtain a favorable outcome in your California criminal case. In fact, we commit to handling your case for a low flat rate.

What is a Successful Defense?

While many clients find that a skillfully negotiated plea bargain that brings reduced charges and/or punishment provides a favorable resolution to their California criminal cases. However, other clients want to have their cases resolved at trial. If your case goes to trial, a criminal defense attorney has the skills and knowledge needed to defend you in court. Therefore, a successful defense means the combination of skill and preparation.

The defense lawyers of The Kavinoky Law Firm have a demonstrated record of success in the courtroom – we have a strong record of acquittals, dismissals, and reductions in charges. Due to this, we’re ready to defend you aggressively in front of a jury or judge.

Hire a Strong Defense

The repercussions of a California criminal charge can be extremely harsh. Most of all, you need a defense attorney with a solid track record of success.

California defense attorney Darren Kavinoky and his successful defense lawyers fight hard for your rights. Please contact us today at 1-800-NO-CUFFS for a free consultation.

DMV Unit of Kavinoky Law Firm – California Attorneys

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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:

  1. Medical suspension. A doctor or someone else informs the DMV that you may have a condition that prevents you from driving safely.
  2. Negligent operator suspension.  This means you have too many points on your record.
  3. 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.

DUI Blood Sample Investigation & Evidence Testing

Posted by Brianna Wilkins on

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.

Criminal Defense Attorney – How We are Different

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California criminal defense attorney and seasoned trial lawyer, Daren Kavinoky knows how to fight for your rights. In fact, he is a successful California Attorney. Successful California criminal defense calls for innovative and strategic approaches.

California Criminal Defense Attorney and Leader

The California defense attorneys of The Kavinoky Law Firm are always searching for new approaches to fighting criminal charges. Consequently, we seek out the latest technological advances to benefit our clients. We employ advanced computer software support such as:

  • BAC Tracker,
  • Westlaw,
  • Forecite, and
  • The CEB (Continuing Education of the Bar) database.

Highly sought-after attorney Darren Kavinoky ensures that your case received the utmost attention to detail. When you work with Darren himself or his team of attorneys, your case is in good hands. You can rest easy knowing that the latest technological innovations are working on your side.

Stay Up-To-Date

It is important to the Kavinoky Law Firm that you never wonder about the status of your case. We commit to keeping you up-to-date about the status of your case. Whether you prefer phone, email, or snail-mail, we ensure you are always aware. You won’t wonder about the latest developments in your case. In fact, at the very least, we send you a letter at least once a month outlining developments in your case.

The Kavinoky Law Firm is dedicated to providing comprehensive support and ensuring that our clients have access to the resources they need. We’ll provide information about alcohol schools, private jails, auto insurance, alcohol and drug rehab services, or any other information that you need to successfully resolve your California criminal case.

The Kavinoky Law Firm is as committed to protecting the environment as you are, so you can choose to receive all of your communication electronically. So by going green, you can help us cut down on unnecessary paper use.

If you’re looking for a law firm that employs creative, cutting-edge approaches to fighting California criminal cases, The Kavinoky Law Firm is here to help you. Please contact us today at 1-800-NO-CUFFS for a free consultation.

Evading Law Enforcement

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Evading Law Enforcement

Anyone who attempts to avoid arrest or flee a pursuing police vehicle in California can be charged with evading law enforcement. Evading arrest is a serious offense that requires the representation of an expert defense lawyer. The skilled defense attorneys of The Kavinoky Law Firm are experienced in every aspect of California evading arrest laws, and will provide top-notch representation.

A driver convicted of misdemeanor evading law enforcement faces serious consequences, including fines, a driver’s license suspension, and up to six months in jail. If there are no aggravating factors present, such as injuries to someone other than the driver, this offense will likely be charged as a misdemeanor.

Drivers accused of evading arrest often face other charges. If alcohol and/or drugs were involved, the driver will likely also face a charge of DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will typically be a charge of hit-and-run in addition to the allegation of evading law enforcement.

If the motorist is charged with reckless driving in conjunction with evading arrest, the offense can be charged as either a misdemeanor or a felony, and the driver could face up to four years in prison. However, in order to obtain a conviction, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is a difficult allegation to prove.

There are several elements to a charge of evading arrest, and the prosecutor must prove each element in order to obtain a conviction. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt, and if that burden of proof isn’t met, the driver cannot be convicted. There are several proven strategies to defend a California charge of evading law enforcement.

In some cases, it may be in the driver’s best interest to negotiate a settlement in a California evading arrest charge rather than taking the case to trial. A skillfully negotiated plea bargain may offer an opportunity to plead guilty in exchange for reduced charges and/or alternative sentencing, which is best accomplished with the assistance of a capable California defense lawyer.

The knowledgeable defense attorneys of The Kavinoky Law Firm are skilled in every aspect of defending California charges of evading police. To learn more about effective defense strategies regarding evading arrest charges, contact an experienced defense lawyer today for a free consultation.

Sex Crimes Against Children

Posted by Brianna Wilkins on

Sex crimes against children are among the most punitive crimes in California, and carry severe penalties.

Sex Crimes Penalties

These severe penalties include lifetime incarceration and mandatory registration as a sex offender, pursuant to Penal Code 290. They encompass a variety of charges and all elicit highly-charged emotions from judges and juries, which is why it is critical that an individual accused of one of these offenses hires a skilled California criminal attorney who specializes in sex crime defense and who knows the most effective ways to defend against the devastating and life-changing consequences that such a conviction carries.

 

Felony Aggravated Sexual Assault

A felony aggravated sexual assault charge subjects the offender to fifteen years to life in prison. This conviction occurs when the act is against a child who is younger than 14. Additionally, if the child is seven or more years younger than the accused.

To clarify, these acts include:

  1. Rape. Using force, violence, or threats to kidnap, falsely imprison, or inflict extreme bodily injury or death upon the victim or another, or when the accused acts in concert with another,
  2. Sodomy. Under the same circumstances mentioned above,
  3. Oral copulation. Under the same circumstances mentioned above,
  4. Sexual penetration. Committed against the victim’s will by means of force, violence, or intimidation.

The court imposes a consecutive sentence for each offense that results in a conviction. In fact, each conviction includes each separate violation regardless of same or different victim. If the violations occur on separate occasions, they treat them as separate crimes to prosecute.

Sentencing

A judge grants a prison sentence of 25 years to life upon conviction of an individual in one specific circumstance. For this sentence, the accused is over the age of 18 and engage in sexual intercourse/sodomy with a child who is 10 years of age or younger. Fifteen years to life will be imposed in conjunction with a conviction for orally copulating or sexually penetrating a minor 10 years of age or under by an individual 18 years of age or older.

Continuous sexual child abuse will be charged against an individual who either lives with the abused child under the age of 14 or who has recurring access to the child and engages in three or more acts of substantial sexual conduct (which means oral copulation, masturbation or sexual penetration) or three or more acts of lewd or lascivious conduct (which means any act done with the intent to arouse, appeal to or gratify the lust, passions or sexual desires of the accused or victim) over a minimum three-month period. A conviction for this offense carries a six, twelve or sixteen-year prison sentence. A defendant may be charged with only one count under this section unless the other charged offense occurred under a different time period or more than one victim was involved.

Harmful Matter

The least serious sex crimes against children involve situations where an individual knowingly:

  1. Distributes, sends, or exhibits any harmful matter (that is, sexual material that lacks serious literary, artistic, political or scientific value for minors)
  2. To a child with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of him or herself or the minor,
  3. With the intent or purpose of seducing the minor.

Consequently, upon a first conviction, the accused faces either a misdemeanor or a felony. Therefore, the crims results in up to one year in jail or prison. However, upon a second or subsequent conviction, the crime is automatically classified as a felony. Distributing, sending or exhibiting these materials in aid of legitimate sex education or scientific educational purposes will serve as a defense to this crime.

A person convicted of any of the above acts against a child under 14 shall not have a suspended sentence. That is, not until the court obtains a report from a psychiatrist or psychologist. The report is so the court can see the mental condition of the accused.

Hire an Attorney

The outstanding criminal defense lawyers at The Kavinoky Law Firm are masters in the defenses pertinent to these sex crimes. Additionally, the ways in which they are most successful. To secure an unparalleled defense and the most trusted legal advice, call them today for a free consultation. Rest assured, the firm commits itself to securing the best outcome for its clients.

We staff only the best lawyers in California so we can defend you to the best of our ability.

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