Archives for posts with tag: juvenile law

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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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

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

 

 

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

Criminal Threats: In General

Criminal threats are exactly as they sound: threats of a criminal nature.  Meaning, they are threats of hurting or harming someone.  They are threats of causing great bodily injury, or even death.  The threats can be verbal, written, or made by an electronic communication device.  They can be made by one person or a group.  They can be made to one person or a group.  (For more on gang enhancements, see below)  The crime of criminal threats is codified in Penal Code 422.

Criminal Threats: Elements

To prove a charge of criminal threats, a prosecutor must prove five key elements:

1) The defendant willfully made the threats of causing great bodily harm or death, or the threat to engage in a criminal activity that would lead to great bodily harm or death;

2) The defendant meant for the statement to be taken as a serious threat;

3) The threat was made in such a manner as to clearly show an intent to carry the threat out (regardless of whether it actually was carried out);

4) The threat causes the person to be in fear for their safety, or for the safety of their family; and

5) The threatened person’s fear is reasonable under the circumstances.

For more on the elements, refer to the following case: People v. Toledo.

Criminal Threats: Punishment

PC 422 can be charged as either a misdemeanor or a felony.  This is called a “wobbler” offense.  The specific circumstances often determine how it will be charged.  If charged as a misdemeanor, the person convicted faces up to one (1) year in county jail.  If charged as a felony, the person convicted faces a term of 16 months, 2 or 3 years, depending on the circumstances.

Criminal Threats: Enhancement

If a person uses a weapon during the commission of PC 422, they face a year consecutive enhancement under PC 12022.  This means that the additional one year will be tacked on to the end of the underlying term.

If the person is found to be in a gang, and to have made the criminal threats in furtherance of gang activity, the person will serve an additional 5, 10, 15, 20 or 25-life, depending on the circumstances.  This enhancement is under the gang enhancement, PC 186.22.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about PC 422, criminal threats.

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 count the number of times I’ve had clients tell me that they have been in and out of the system so often that one more stint won’t matter.  They just want me to get them the least amount of time possible.  This always makes me sad.  People shouldn’t just assume that because they’ve spent time in jail, that they aren’t worth more than going back.  People mess up.  They make mistakes.  This is especially common in youth.  People, especially young people, make dumb choices that sometimes result in jail.  That doesn’t mean that they should give up on themselves.  People can change.  They can learn.  I had one client who was convicted of armed robbery (and a few other things) at 18.  After 9 years in prison, he learned he wanted out, and never wanted to go back.  Now, at 65, he has led a law abiding existence, and never went back to jail.  (He was a client on a traffic violation- nothing serious.  More annoying to him than anything.)  But, he’s one of those stories of a kid who grew up in East LA, who turned his life around after a few dumb choices.

The Sacramento Bee recently published an article with another success story.  This guy, Edward Martinez, was a former gang member in the Fresno area.  He was jumped in at 13.  Juveniles are not able to make rational decisions.  They aren’t able to fully comprehend that getting jumped into a gang is probably not the wisest idea.  Especially when they see older family members who are members, as happened in Edward Martinez’s case.  He had older brothers and cousins who were members.  His mother had recently passed away after a car accident.  He was not making the best choices for himself.

Between 13 and 20, Edward Martinez committed some misdemeanor crimes.  His father was getting fed up with his behaviors.  It wasn’t until Edward was facing 8 years in prison on 3 felony charges with gang enhancements that he realized it was time to make major decisions.  His attorney was able to negotiate a plea that involved lowering the charges to misdemeanors, and his full-time enrollment in a school program.  He chose culinary school, and enrolled in a baking program.  While there, he thrived.  He loved what he did and decided he needed to make this change permanently.  He was successful and is now an executive pastry chef in a world renowned restaurant.

These success stories are possible for everyone.  It is what I want for my clients who have given up on themselves.  It frustrates me to see clients frustrated with themselves, who do not want to work to save themselves.  Edward’s story is possible for every single one of my clients, no matter what has happened in their past!

To read Edward’s amazing story, click here.

 

If you want to discuss how you can turn your life around, contact the Law Office of Stephanie M. Arrache, a criminal defense firm today!

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

 

Most of America is tuned in to the George Zimmerman/Trayvon Martin case.  A child of 17 was gunned down by a concerned neighborhood watchman.  This blog and this firm will not get into whether he did or did not do it.  I was not there.  I have not seen the evidence.  Further, I believe that everyone is innocent until proven guilty.  I believe in that, because I want that for all of my clients.  I believe that most of my clients are innocent.  If they tell me they are, I believe them and fight on their behalf.  It’s about not allowing the prosecution to present evidence which makes my client appear guilty.  It’s about helping people maintain their innocence.  Many times, there are unfortunate and sad situations, and juries can be swayed by their emotions.  I feel bad for Trayvon Martin.  I think most people do!  He was too young to die.  He did not deserve a violent death.  However, I also feel bad for George Zimmerman.  He has been torn apart by the court of public opinion.  That’s just not fair.

Yesterday a court was able to look at the facts of the case and determine whether Mr. Zimmerman was to be allowed bail or not.  The judge was not swayed by the news reports or the crowds of people outside.  He remained fair and impartial.  This important to point out, as many people lose faith in the ability of judges to be fair and impartial.  The judge determined that Mr. Zimmerman was eligible for bail, and set the amount at $150,000.  Most bail bond companies allow a person to post 10% of that to get freed.  I work with several bond companies that will allow 8% upon a written notification by my firm that we have been retained.  I gladly fill this form out for clients to help them catch a break.

The interesting thing about Mr. Zimmerman’s bond is that there are several restrictions imposed.  For example, he is not allowed to drink alcohol or take any drugs.  (There will be an exception for prescribed medications of course.)  George Zimmerman also has an ordered curfew.  These restrictions and orders are not common practice.  Likely it is because this is such a highly publicized case.  The terms of bail in California are generally to violate no law.  If you do violate a law while on bail, there is an enhancement which can be added to the current case.  Plus, there can be new charges filed.

If you want to better understand bail, or the terms of your bail, contact the Law Office of Stephanie M. Arrache, a criminal defense firm today!

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

Cops lie.  Shocking, I know.  But it’s true.  Cops lie.  Attorneys lie.  Sometimes even clients lie.  Not me and not you, but some others.  Here’s a lie that a was recently told to a client that particularly made me mad:

My client is being charged with a domestic violence related crime.  She didn’t do anything.  She told me this and I 100% believe her.  She tried to explain this to the cops (something I do not approve of- DO NOT talk to cops, even when proclaiming innocence!).  The cop straight told her that she was lying.  She told him that the boyfriend was practically stalking her- calling her from blocked numbers, harassing and threatening her, etc.  In fact, it’s so bad that we will file a restraining order against her.  She told the cop all of this, and he told her that there’s no way to prove that the private numbers were from the boyfriend.  Wrong!  We can subpoena phone records.  She told the cop I said this and he said I was lying to her.  The nerve!  She called her phone carrier and they independently confirmed EXACTLY what I told her- you can get phone records which contain the private and restricted numbers.  It’s a simple subpoena process.

The end result is that this cop showed my client that she can completely trust what I say, and showed her that I have her back 100%.

Cops are trained to get information out of people.  He was probably trying to bait her to get her to make incriminating statements.  This is precisely why I tell clients to not say a word to cops!  Do not try to proclaim your innocence.  For the most part, cops do not care.  They already have their minds made up. The only thing you should say is: I want my attorney.  Repeat that, and only that, like a mantra.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about phone records and your case.

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 have always told my clients to be careful about what they put on facebook.  People think that what they post is private, especially if they’re page has been restricted to friends only.  However, everything you put on the web can be accessed by facebook officials themselves.  This means that if the cops or District Attorney want your records, they can subpoena them.  And now it has been confirmed that Facebook officials will release every. single. thing. from your page.  Every picture, every status update, every email.

How this can harm your case.  Remember that one time you thought it was funny to post a picture of you with a gun (whether fake or not)?  Well, now it can be used as evidence.  Remember that one time you thought you were being cool by posting a picture of you throwing gang signs?  Well, now the DA has evidence to strengthen their gang enhancement charges.  I can’t tell you how many times I have seen photos of people with known gang members be used against them.  They could have been innocent, but that one photo was so damaging.  Or, that one status was so damaging and incriminating.  Even if you later delete things, they’re still attainable by the cops and DA.

The point is: be careful of what you put on the internet, because it can and will be used against you!

See official Facebook records here.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about how facebook can comprise your criminal case.

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