Archives for posts with tag: misdemeanor

Coachella Fest and StageCoach Music Festival are two highlight events in the Coachella Valley.  Both events are weekend long music festivals which present many different musical artists to thousands of concertgoers.  Coachella Fest was expanded this year into two weekend events with identical lineups.  The two events brings in thousands of music loving people of all ages.

The event also brings in hundreds of arrests.  This year, between the two events (spanning three weekends) Riverside County Sheriffs, in a joint taskforce with other governmental agencies such as the DEA, arrested over six hundred (600) people.  The arrests were for blatant penal code and vehicle code violation, but were also the result of undercover operations.

One of the most common “crimes” which occurred this year was that of underage people using fake ids.  To get a wristband, a person had to show their identification card.  Once they had a wristband, he or she still had to show an id upon entering the beer garden.  Undercover cops were stationed at both the wristband station and the beer garden entrance.  If there was a questionable ID card, a venue employee would hand the ID to the undercover cop who would question the person.  If the cops found the ID to be fake, they would then ask the person if they had any contraband on them.  Under the guise of “checking for contraband relating to underage drinking” the cop would violate the person’s 4th Amendment rights by searching their person or belongings.

Many of the people were not actually arrested, but rather cited and released.  This means they were not taken into physical custody by the police, but given a ticket and told to go to court in Indio on a certain date.  To keep up with the number of arrests, the filing deputy district attorneys were working double time to get all the cases filed.  Some have still not been filed, but they have a year to do so.  Riverside county has implemented a new Diversion program for these fake ID arrests.  The person can plead guilty to a charge, complete one day of classes and/or community service, and upon successful completion the case will be dismissed.  The good thing about this program is that it will not hurt a person’s future.  Many of the people with these charges have no criminal record and are scared about the idea of having criminal charges on their record.  The diversion program will not hurt your future career or education opportunities.

The other two options are pleading to the straight misdemeanor (not at all a good idea) and pleading to an infraction.  An infraction is no more than a speeding ticket which will also not hurt your future endeavors.  The problem is that there is a possible loss of license at the discretion of the court.

The charges most common to these cases are Penal Code 148.9, which is false identification to a peace officer.  This is basically lying to the cops about who you are.  Even if you didn’t lie to the actual cop, but gave the fake ID to the venue employee, and told the cop your true identity because you were freaked out when the cop approached you, they are still charging you with this penal code section.  This charge would be easier to win in trial, depending on the specifics of your case.

The charge which the DA wants people to plead guilty to is Business and Professions Code 25661 which is false identification on a person under 21.  This charge is a bit trickier to win, but is not unwinnable.  Depending on the facts of your case, a good attorney can beat this charge at trial.  It is important to speak with an attorney regarding the specifics of your case.

These charges aren’t the end of the world, but they should still be taken very seriously.  If not handled correctly, you could end up with misdemeanors on your record.  You don’t want that.  Don’t let youthful indiscretion ruin your future employment and educational prospects.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about being a minor with a fake ID at Coachella Fest or Stagecoach.

Law Office of Stephanie M. Arrache

1701 N. Palm Canyon

Suite 8

Palm Springs, CA 92262

(760) 778-8295

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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

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.

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 Friday 6/29/12 in Los Angeles, Riverside, San Bernardino, Orange County, San Diego and Long Beach Counties:

Escondido- checkpoint at undisclosed location between 6:00pm and 12:00am; roving saturation patrol until 3am

Fountain Valley- undisclosed location, between 9:00pm and 3:00am

Modesto- undisclosed location, between 10:00pm and 3:00am

Newport Beach- Dover Dr at 16th St, between 8:00pm and 1:30am

Palm Desert- Undisclosed location, between 9:00pm and 3:00am

Palmdale- undisclosed location between 6:00pm and 2:00am

Rancho Santa Margarita- undisclosed location, between 6:30pm to 2:30am

Redondo Beach- undisclosed location, between 7:00pm and 2:00am

Santa Ana- 2300 block of W. Fifth St, between 7:30pm and 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

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