Archives for posts with tag: felony

A California joint task force “Drive Sober or Get Pulled Over” campaign is starting  today, August 17, and ending Labor Day on Sept. 3.  This will create more DUI checkpoints and saturation patrols.  Remember that it is always safer, wiser and cheaper to have a designated driver, or call a cab.  We at the Law Office of Stephanie M. Arrache would rather people drive safe than get new clients.

 

8/17/12

Encinitas- undisclosed location, 6pm-2am

Glendale- undisclosed location, from 8pm-3am

Los Angeles- Hollywood Blvd, between Bronson and Gower, 7pm-3am

Moreno Valley- undisclosed location 8:30pm- 3am. There will also be roving patrols in Moreno Valley

Ontario- undisclosed location, 6pm-2am

Palm Springs- undisclosed location, 8pm-3am

Pasadena- undisclosed location, 8pm-2:30am

Redlands- on westbound San Bernardino Ave, between University and Church, 10:30pm-3am

San Bernardino- undisclosed location in southeast end of city, 6pm-2am

San Marcos- undisclosed location, 6pm-2am

Santee- undisclosed location, 6pm-2am

Temecula- undisclosed location, 9pm- 3am

Thermal- undisclosed location, 6pm – 2am

Saturation Patrols: El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo and Torrance

 

8/18/12

Burbank- undisclosed location, 7pm-3am

Chino- undisclosed location, 7pm-2am

Covina- undisclosed location, 6pm-2am

Hemet- undisclosed location, 8pm-2am

Norco- undisclosed location, 8pm-3am

Perris- undisclosed location 6pm-2am

Rancho Mirage- undisclosed location, 9pm-4am

San Diego- Lemon Grove, 6pm-2am

Santa Monica- undisclosed location, 7pm-3am

Saturation Patrols: El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Palos Verdes Estates, Redondo and Torrance

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about DUI checkpoints or if you were arrested at a checkpoint.

 

Law Office of Stephanie M. Arrache

1701 N. Palm Canyon

Suite 8

Palm Springs, CA 92262

(760) 778-8295

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The following are the published DUI checkpoints and saturation patrols for Friday 8/10/12 in Los Angeles, Riverside, San Bernardino, Orange County, San Diego and Long Beach Counties:

Escondido- at an undisclosed location, between 6pm-3am

Los Angeles- at Broadway, between Daly and Griffen, between 8pm-2am

Oceanside- at an undisclosed location, between 8pm-3am

Palm Springs- at an undisclosed location, between 8pm-3am

Palmdale- at an undisclosed location, between 6pm-2am

Poway- at an undisclosed location, between 6pm-2am

West Hollywood- at an undisclosed location, between 7pm-3am

Whittier- at an undisclosed location, between 7pm-3am

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about DUI checkpoints or if you were arrested at a checkpoint.

Cases are won or lost daily based on eyewitness ID.  People are incarcerated unfairly based on wrong eyewitness ID.  People waste time in jail for crimes they did not commit based on eyewitness ID.  Identification plays a significant role in the criminal justice system.  Suppose a person sees someone with a gun running out of a liquor store that was just robbed.  That person will then give a description to cops of what he suspect looked like.  He or she may look at pictures of potential suspects, or sit down with a sketch artist to describe the person.  There are so many flaws with this system.

People’s memories are flawed.  People do not retain images as a camera would.  People miss certain facts, or remember what they want to remember.  Add the element of a crime taking place, and elevated heart rate and blood flow, and their ability to remember is even more impacted.  Even if a person is unbiased, they cannot remember everything.

Bias does play a significant role in eyewitness ID.  If a person thinks he or she knows who is committing the crime, they may give attributes of that person to the description.  Racial bias also plays an important role.  In scientific studies, cross-racial identifications are often wrong, as the person states how he or she perceives the race as a whole and does not look for distinguishing characteristics.

Lighting, distance and view inhibitors also play a major role in witness identifications.  If it is dark, then the witness cannot see as clearly.  If they are far away, or there is something in the way, likewise, it is impossible for the witness to see clearly.  If the person has been drinking, that plays a role.  There are so many factors to witness identification which can go wrong.  All aspects need to be considered and analyzed when a case hinges on witness ID.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about witness identification (ID).

 

Stephanie M. Arrache

Law Office of Stephanie M. Arrache

1701 N. Palm Canyon

Suite 8

Palm Springs, CA 92262

(760) 778-7615

 

 

 

President Obama issued and executive order which grants a sort of amnesty-esque program to people who were brought to this country by their parents and have remained here without obtaining proper citizenship.  This new program is referred to as the Dreamer’s Deferred Action Directive.

The President has made it possible for young adults who came to this country with their parents to remain here and be productive “citizens” of this country.  The problem is that it is not amnesty nor citizenship.  The person will still have to obtain proper citizenship.  But it means they do not need to live in fear of their non-citizenship status and constantly be looking over their shoulders.

The requirements for the program are as follows:

  • The person came to the United States under the age of sixteen
  • They came to this country illegally and with their parents
  • They have continuously lived in the United States for at least five years prior to the Dreamer’s Deferred Action Directive
  • The person is currently in school or has graduated from high school or obtained the General Education Development (GED) certificate; are a member of the United States military; or have been honorably discharged from the United States military
  • HAVE NOT committed a felony or a significant misdemeanor or otherwise pose a threat to national security or public safety
  • Are not over the age of thirty (30).

 

The issue here is mainly with the “significant misdemeanor” wording.  The Department of Homeland Security (DHS) has listed most misdemeanors as “significant”, including Driving Under the Influence (DUI), petty theft and simple drug possession.  It does not matter whether there was a jail sentence, as that does not constitute significance or not in the eyes of DHS.

If you are a person who otherwise qualifies for the Dreamer’s Deferred Action Directive, and have pending criminal charges, it is important that you consult an attorney regarding the status of your charges and what can be done.  There are ways that a competent attorney can negotiate a good deal with a prosecutor to maintain your eligibility for this program.  It is important that you inform them of your status and discuss all angles and potential problems.

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about the Dreamer’s Deferred Action Directive.

 

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

 

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

Twitter @AttyWhoCares

Many clients ask me about whether cops can search their cell phones upon arrest.  The answer, as terrible as it may be, is YES!!!  The California Supreme Court declared that cell phone searches incident to arrest are legal and do not violate a person’s Constitutional rights.  Normally, for a cop to conduct a search of your person or premises, they must have a warrant.  An exception to this is a search incident to arrest.  This means that a cop has the right to search your person when you have been placed under arrest in order to document everything on you.  This is done under the guise of making sure that you get all your property back when you leave custody.  Arguably, it’s a reason to rifle through your pockets when they don’t have probable cause to do so otherwise.  The cops can now claim leeway in snooping through your cell phone as a search incident to arrest.

In 2011, the California Supreme Court included snooping through your cell phone, including reading private text messages, as searches allowable as “incident to arrest”.  Anything they find there can be used against you to either enforce current investigations or to start new investigations.  For example, let’s say that you are arrested for possession of meth.  The cops do not have anything to tie you to a sales charge, other than a large amount that they found with you when you were arrested.  They take you to the station and proceed to book you.  One of the cops takes your cell phone and starts scrolling through your messages.  In between texts to your mother about what time to be home for dinner, and a text to your buddy about the recent football game, the cops stumble upon a text you sent that reads a lot like a plan to sell the drugs “Meet me in the alley b hind KMart with cash.  I’ll have the dope.” There you go- you have now picked up a sales charge.

Or, let’s say you are being charged with a robbery.  The cops want to charge you with a gang enhancement, but just don’t have enough to pin that on you just yet.  They look through your phone.  Oh, here’s texts from Pookie and Lil G, two known and reputable gang higher-ups.  There’s the proof for the enhancement.

While this blog no way endorses drug sales or drug use, it does aim at protecting people from harming themselves by way of additional evidence which cops can now attain.  Do not put things in writing.  Do not save old messages.  Do not leave your phone without password protection.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about cell phone searches incident to arrest.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

The following are the published DUI checkpoints and saturation patrols for Saturday 6/9/12 in Los Angeles, Riverside, San Bernardino, Orange County, San Diego and Long Beach Counties:

 

Azusa at an undisclosed location between 6pm and 2am

Inglewood at an undisclosed location from 8pm to 3am

Pacoima on Glen Oaks Blvd between Pierce and Gain from 8pm to 3am

Pasadena DUI saturation patrol from 8pm to 3am

Norco at an undisclosed location from 8pm to 3am

Hemet at an undisclosed location from 7pm to 3am

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about DUI checkpoints or if you were arrested at a checkpoint.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

 

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

 

 

The following are the published DUI checkpoints and saturation patrols for Friday 6/8/12 in Los Angeles, Riverside, San Bernardino, Orange County, San Diego and Long Beach Counties:

Altadena at an undisclosed time and location

Hollywood at Highland Ave between Sunset and DeLongpre from 7pm to 3am

Moreno Valley at an undisclosed location from 8:30pm to 2:30am

Palm Desert at an undisclosed location from 9pm to 3am

Perris at an undisclosed location from 6pm to 2am

Oceanside at an undisclosed location from 8pm to 3am

Santa Clarita at an undisclosed time and location

Santa Ana at Main St between Santa Clara and 17th St from 7:30pm to 1:30am

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about DUI checkpoints or if you were arrested at a checkpoint.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

If you are facing criminal charges, there are several ways to get you into court: Summons or Arrest.

Arrest to get you in to criminal court. An arrest warrant must be signed by a judge prior to issuing it.  If a cop has reason to suspect that you committed a crime, he or she must get the arrest warrant before going to pick you up.  The exception to this is if a cop sees a crime take place, he or she can take place the person under arrest without first obtaining a warrant. A private citizen can make an arrest if they witness a crime take place. If a person is arrested, he or she must be brought in front of a judge within 48 hours, excluding weekends and court holidays.

Summons to get you in to criminal court.  Sometimes, the cops and DA’s feel that an arrest is not necessary.  They believe that the person will appear in court at a specified time and at a specified location.  Sometimes this is accomplished through what is referred to as a “cite and release”.  This means that you were in police custody but they let you go on a written promise to appear.  You signed a piece of paper stating that you will appear in court at a predetermined time and place.  This is common when it is a low level misdemeanor, like a DUI.  Many times you are not required to bail out, and can just be let out on a written promise to appear.  It is up to you to make sure you know when and where you are to go to court, as it is your responsibility to get yourself there.  If you do not show up, there it is a failure to appear, and the judge will issue a bench warrant.  This time, you will get taken into custody.  With a cite and release, the cops will normally go through the booking process before you are released, meaning that they will take your photo, fingerprints, get your contact information and have you sign the promise.  They will then let you go on your promise to return to court.

There are some cases where a summons to appear cannot be issues instead of an arrest, meaning that the cops must place you under arrest to get you to court.  The following list is codified under Penal Code 813(e).

1) the offense charged involves violence, a firearm, or resisting arrest

2) there are outstanding arrest warrants for the defendant

3) the prosecution of this or other offenses would be jeopardized

4) there is a reasonable likelihood that the offense would continue or the safety of persons or property would be jeopardized

5) there is reason to believe the defendant would not appear at the time specified

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, for more information on arrests or summons to appear.

 

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

FACEBOOK PAGE

I can’t tell you how many times I have walked into a courtroom and my client is not there.  I wait around hoping he shows up, and try to beg time for him or her to get there.  Finally, when time has run out and the judge calls my case and asks where my client is, I have to give a blank stare and say “Uh, I don’t know.”

I can’t tell you how many times I hear from said client a few days later when he or she informs me that they had been arrested days, hours, minutes before going to court and couldn’t get ahold of me because they couldn’t remember my phone number.

Golden rule: REMEMBER YOUR LAWYER’S PHONE NUMBER!

In today’s day and age, it isn’t necessary to remember phone numbers.  You have them stored in your phone.  You have the person’s email in your email account.  You can contact the person through facebook.  But, I promise you, it will happen that when there’s an emergency, like getting arrested right before another court date, you won’t have access to your phone, email or facebook.  You may be with someone and shout to them “CALL MY LAWYER!!….” But, if you can’t follow that up with “…at (760) 237-8295!” then what is the point?

If I don’t hear from a client for several days, I begin to worry.  Some lawyer’s like not talking to their clients often and consider it a relief when they don’t have to.  I like talking to my clients.  I like keeping them updated and informed.  I like them keeping me updated and informed.  If I don’t hear from someone, I worry.  If I put a call or email into them and don’t hear back, I definitely worry.  I need to know the minute a person has been arrested so I can a) be ready to get onto that case if they want; b) figure out a new game plan for the case I’m currently working on.  If you call me and tell me that you’ve been arrested, it’s much easier for me to pass that info along to the necessary parties.  If I know you’ve been arrested in San Bernardino County and are being held at Glen Helen, then I know to notify the court for a transport order for your Indio case.  You see where I’m going with this??  If I don’t know where you are, I can’t do that!

I had a client who was arrested on a new case but didn’t tell me.  I showed up to court.  He didn’t.

“Where is he?” asks the judge.

“I’ve lost contact with him, You Honor,” I replied.

“Bench warrant issued.”

“Thank you Your Honor, ” I reply out loud. “CRAP!” I secretly mutter in my head.

Cut to 8 days later when my client reappears on the face of the planet.  He explains to me that he was arrested on a new charge.  He had already been taken to court and a public defender was appointed.  But he told the court he had an attorney.  The court graciously continued for a week until I could get there.  He told me I had to go the next day to reaffirm myself as his attorney.  Unfortunately, I had another client with another case in another court.  Again, see where I’m going?  Had he remembered my number he could have told me where he was and I could have fixed everything with the court on a day that I could actually be there.

I know that I’m beginning to sound like an old record on repeat here, but, please.  Please. PLEASE!  Remember your attorney’s phone number!!

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, for more lecturing, er, information on why remembering your attorney’s phone number should be the most important thing you ever do!

 

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

FACEBOOK PAGE

Here is an update as to the number of arrests at Stagecoach 2012.  The final tally is: 174.  That is, 174 in 3 days at the country music festival.  The arrests were mostly for alcohol related offenses.  Indio police are currently investigating a claim by a 17-year old girl that she was sexually assaulted in a public porta-potty.  However, at this time, no arrests have been made relating to that alleged incident.

The breakdown of arrests is as follows:

Friday: 57 arrests

Saturday: 69 arrests

Sunday: 48 arrests

The arrests seemed to spike at night.  For example, as of 6pm on Saturday, there were a reported 16 arrests.  This means there were 53 arrests at night.  There are several reasons: people drank all day and became rowdy and uncontrollable at night; people drove home after drinking at the concert; people went out to party after drinking at the concert.

While there were more arrests than any single weekend at Coachella Fest, there were not nearly as many drug related arrests.  The Indio police did not have as many sting operations that were successful at Stagecoach.  However, alcohol related arrests are serious matters which should not be taken lightly.  The Indio District Attorney’s office will be prosecuting these offenses just as vigorously as they will any other case. If you are charged with a misdemeanor offense, you will not need to step foot in a courtroom.  You can hire an attorney you trust and believe in, and have them go to court on your behalf.

For an article on the arrests, click here.

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you had any incidents at Stagecoach and need legal advice.

 

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

FACEBOOK PAGE