Saturday, January 23, 2016

Choosing An Orange County Domestic Violence Attorney

Choosing the right Orange County domestic violence attorney may seem like a difficult task. But when you break it down, you really want to ask three important questions: 1) Does this lawyer practice in the Orange County courts? 2) Is this lawyer well trained? and 3) Does this Orange County domestic violence attorney have enough experience to handle my case?



1. Does This Lawyer Practice In The Orange County courts ?



Every judge in every courtroom has their own way of doing things. For example, some judges will allow a case to be resolved with home confinement and others will not. And, just like all of us, judges have their own "pet peeves". That is why it is extremely important to find an Orange County domestic violence attorney that practices regularly in front of the judge in YOUR case. Knowing the tendencies and personalities of the judges and DAs who are prosecuting you can make a huge difference. So when searching for an Orange County domestic Orange County domestic violence attorneyviolence attorney to represent you, ask them how often they appear before the judge in YOUR case.



2. Is This Orange County Domestic Violence Attorney Well Trained?



Lawyers receive the bulk of their training in law school. An inferior law student becomes an inferior lawyer. Don't be afraid to ask a prospective Orange County domestic violence attorney about their legal training. Ask them what their class rank was. Ask them about any awards for academic achievement. Ask them their GPA. This is basic information that you absolutely should ask for. Your freedom may turn on your Orange County criminal defense attorney's training. Don't wait until a malpractice lawsuit to find out that the lawyer you counted on to protect you barely made it through law school. The burden is on you to ask these questions up front. And any lawyer that is uncomfortable answering these questions is NOT the lawyer for you.



3. Is This Orange County Domestic Violence Attorney Experienced?



Ask any prospective Orange County criminal defense attorney how many years they have been practicing domestic violence defense. Many lawyers have been practicing law for years but have never handled a domestic violence case. Ask specifically how many domestic violence cases they have personally handled in their career. And, of course, find out how many of those cases were in the Orange County courts.



Domestic violence defense can be a tricky area--there are special enhancements that may apply as well as specific terms of probation that must be considered carefully when crafting a defense strategy or structuring a plea deal. A lawyer unaware of these requirements may lead their client right into a minefield.



If you would like to speak with an experienced Orange County domestic violence attorney about your case, call The Law Offices of EJ Stopyro at (949) 559-5500 today. We offer a free and confidential telephonic consultation.

Thursday, January 21, 2016

Orange County DUI Attorney: O.R. Release

Any Orange County DUI Attorney will tell you that when a driver is arrested for DUI where nobody was injured, the law allows for that driver to be released from custody on their "own recognizance" ("O.R."). That is, the driver can be released from jail while their case is being litigated without posting bail. Penal Code section 853.6 specifically provides for an O.R. release in the case of a DUI arrest. However, an Orange County DUI attorney will also tell you that just because the law says a driver can be given an O.R. release doesn't mean that they will be. In fact, in Orange County, a driver with a prior DUI is almost never released on their own recognizance.orange county DUI attorney



The first opportunity for an O.R. release happens at the jail where the arrestee's Orange County DUI attorney cannot intervene. The jail officer will review the arrestee's record to see if the arrestee has any prior DUIs within the past ten years. If not, the arrestee is usually released on their own recognizance. If the arrestee has a prior DUI, bail will usually be required. The amount of bail will depend on how many prior DUIs the arrestee has. Usually, if the driver has only one prior DUI within the past ten years, bail will be set at ten thousand dollars ($10,000.00). This must be posted until the case has been litigated by the driver's Orange County DUI attorney. Once the case is over, the bail is returned to whoever posted it. The arrestee can either deposit this amount with the court or hire a bail bondsman to post it. A bail bondsman typically charges ten percent of the bail amount, which the arrestee does NOT get back.



Bail is next reviewed at the first court appearance, called the arraignment. At the arraignment, the court checks to see if bail has been posted and whether it is sufficient. If the defendant was released O.R., their Orange County DUI attorney will try to persuade the judge to let the defendant remain out of custody on an O.R. release. The judge has broad discretion and can increase bail, reduce bail, or allow it to remain unchanged. If the judge feels that an O.R. release is insufficient to protect public safety or ensure that defendant will show up in court, the judge will impose bail. Thus, it is up to the defendant's Orange County DUI attorney to persuade the judge that the defendant will not be a danger to the public and will not be a "flight risk".



Usually, if the judge is leaning toward imposing bail, the defendant's Orange County DUI attorney will suggest that the judge allow the O.R. release to continue but that the judge impose "bail conditions" that will ensure public safety. These "conditions" include attending AA meetings, not driving with any alcohol in their system, and even abstaining from alcohol. In In Re York (1995) 9 Cal.4th 1133, the California Supreme Court ruled that when it comes to an O.R. release, a judge has broad discretion to impose reasonable conditions related to the furtherance of public safety. However, there are limits to the bail conditions a judge can set and your Orange Count DUI attorney should challenge unfair or overly burdensome conditions. The federal court held that theses conditions must be reasonably related to public safety and making sure the defendant shows up. (U.S. v. Scott (2005) 424 F.3d 888.) In that case, the court struck down a DUI release condition that the defendant be subject to search at any time of the day or night. The court held that such a release condition does not protect public safety in a DUI case.



If you would like to speak with an experienced Orange County DUI attorney call The Law Offices of EJ Stopyro today at (949) 559-5500. We offer a free and confidential consultation.

Wednesday, January 13, 2016

DUI Blood Test: How A Sample Is Tested

When someone is arrested for a DUI in California they are required to submit to either a DUI blood test or a breath test. A driver does NOT have the right to refuse to take a DUI blood test or breath test or to have their DUI lawyer present before submitting. (CVC 23612) A refusal to take a post-arrest test is a separate crime. A breath test will provide the officer with instant results--which the officer usually does not disclose to the driver. The results of a DUI blood test, on the other hand, will not be available for at least ten days. The reason for the delay is that the blood sample must be transported to the Orange County crime lab. The sample will then  be refrigerated until it is tested by a forensic analyst. The analyst will use a gas chromatograph in order to test the DUI blood test sample.



DUI blood testTesting the DUI blood test sample is accomplished by placing a small amount of the blood in a test tube. The tube is plugged with a stopper but there is a small amount of airspace between the blood and the stopper. The substances in the blood sample, including alcohol and drugs, will off-gas into the airspace above the sample. This air is then sucked out of the test tube with a needle and injected into the gas chromatograph. This air then circulates around a large metal tube within the gas chromatograph. In this tube, the substances, drugs and alcohol, gather together. Then, the machine burns each collection of substances. This length and intensity of the burning of each collection is recorded and printed out. This shows what substances were in the DUI blood test and the amount of each substance.



These results of the DUI blood test are recorded on a forensic report that is forwarded to the District Attorney and the DMV. The DA will use these results to determine what to charge the driver with, (i.e. DUI, DUI drugs). The DMV will use these results to issue a license suspension after the driver's DMV hearing. Your DUI attorney will also receive this data and will typically have an expert forensic scientist review the gas chromatograph data to see that the testing was properly accomplished.

Because a DUI blood test shows the level of drugs in one's system, as well as the level of alcohol, a driver should never opt for a blood test if they have any impairment-producing drugs, whether prescription or otherwise, in their system. If you would like to speak with an experienced Orange County DUI defense attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.

Friday, January 8, 2016

Drug Defense Lawyer: Illegal Pat-Down Search

drug defense lawyerThere is a widespread misperception among the public that the police are entitled to pat down anyone they come across. Watch any episode of "Cops" and you will see this pat-down search routinely performed on just about everyone the police encounter. Often, this pat-down search leads to an arrest for drug possession or possession with intent to sell. Any drug defense lawyer will tell you that the Constitution prohibits the police from putting their hands on you and patting you down unless they have specific legal justification. If an illegal pat down search is challenged in court by the defendant's drug defense lawyer, the evidence will be suppressed. Moreover, the police officer will be subject to a civil lawsuit for violating the defendant's Constitutional right to be free from an unreasonable search.



In the landmark case of Terry v. Ohio, a case well known by Orange County drug defense lawyers, the United States Supreme Court held that the police can only perform a warrantless pat down search when the police have:

  1. reasonable suspicion;
  2. based on articulable facts;
  3. that the defendant was engaged in criminal activity; and
  4. that the defendant was armed and dangerous.
When a cop performs a pat down search without all four elements (and without a warrant or exception thereto) then it is illegal. But if the pat down search isn't challenged by a drug defense lawyer in court, the illegality will go unnoticed. Unfortunately, many pat down searches are never challenged, especially when a defendant doesn't consult with a drug defense lawyer and just pleads guilty.

So if evidence can be suppressed by the defendant's drug defense lawyer and the cop can be sued, why do the cops continue to regularly perform illegal pat down searches? Because the cops don't really care if the evidence ends up getting suppressed. It doesn't affect the cop one bit. And as for a civil lawsuit, that costs money. Even those defendants with the means to sue a cop usually don't want to expend the energy and time for a small damage award. They are just happy their drug defense lawyer got them out of trouble. Thus, there really is no consequence for the cop. That's why the illegal pat down search continue to be standard practice in police encounters.



If you would like to speak to an experienced Orange County drug defense lawyer call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.

DUI Arrest: Can I Avoid A DUI Checkpoint

DUI arrests are the primary purpose of DUI checkpoints. If you are stopped at a DUI checkpoint after you’ve consumed alcohol it is likely that the officer will lean into your car, take a good whiff and smell the booze. The cop will then question you extensively about what and when you drank—questions you should not ask without your Orange County DUI lawyer present. Next the officer will ask you to exit the vehicle and perform some “simple” field sobriety tests before they “let you go on your way”. The officer is looking to gather evidence to support a DUI arrest. Then, the cop will ask you to take one last test—a voluntary breath test. But remember, even if you are under the legal limit you are still subject to a DUI arrest and prosecution if the cop feels that you are too impaired to drive. The Orange County DA’s office prosecutes at a blood-alcohol level of 0.06% if they have any evidence of “impairment”, such as a cop’s subjective evaluation of your performance on field sobriety tests. This is allowed pursuant to Vehicle Code Section 23152(a).DUI arrest



Since being anywhere near the legal limit can result in a DUI arrest and conviction, it is best to avoid the DUI checkpoint all together. You can, of course, check the internet for DUI checkpoint locations and plan your drive accordingly. But if you should happen upon an unexpected DUI checkpoint remember this: you do not have to go through it. Orange County DUI attorneys have challenged DUI checkpoint law and police are now required to ensure the DUI checkpoints are well-lit, well-marked, and allow approaching drivers the opportunity to avoid the checkpoint if they choose. That’s right, avoiding a DUI checkpoint, and a possible DUI arrest, is your right. But one work of caution—the police will watch you turn away from the checkpoint and they will look for any legal reason to pull you over. Any law violation will suffice—failing to stop completely at a stop sign, not signaling, or even a defective license plate lamp. So be on your best behavior when you exercise your right to avoid a DUI checkpoint and a DUI arrest.



For more information about a DUI arrest call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free telephonic consultation. You can also reach us on our contact page. Our main office is at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

Saturday, January 2, 2016

DUI Checkpoint: Exercise Your Rights

DUI checkpoints have become a common DUI enforcement technique with law enforcement agencies in southern California. Even drivers with no drugs or alcohol in their systems become nervous when approaching these menacing traps. Needless to say those drivers with some alcohol or drugs, even prescription drugs, in their system have good reason to be nervous. If a cop thinks you might be impaired there is a good chance you will be arrested for DUI. Knowing your rights at a DUI  checkpoint can help you navigate these intimidating obstacles with the least amount of tension.



First of all, you have the right to avoid DUI  checkpoints. The law requires that DUI checkpoints be

clearly marked with signs in advance. Moreover, the law requires that DUI checkpoints be set up in a way that allows drivers to avoid them–there must be a way to turn in order to opt out of going through them. Any Orange County DUI lawyer will tell you that the police do, generally, follow this law and do set up the DUI checkpoints to allow drivers to turn and avoid them. However, the police also put an officer near the turns and watch to see which drivers exercise their legal right to avoid the DUI checkpoint. The officer will then look for any legal justification to pull those drivers over. Perhaps a license plate lamp is out, or the registration is expired, or maybe a taillight is cracked. So if you choose to turn away from a DUI checkpoint, which is your legal right, your car’s equipment better be up to code. And this is certainly the time to use your best and safest driving skills.



If you choose to go through the DUI checkpoint you also have the right to refuse to answer any questions. While you must provide your driver’s license, registration, and proof-of-insurance at a DUI checkpoint you do not have to say anything. Virtually all Orange County DUI attorneys recommend that you exercise your right to remain silent at a DUI checkpoint. However, remember to exercise this right in a polite manner. Simply tell the officer in a friendly voice that you would rather not answer any questions. Then ask if you are free to go. The officer cannot detain you without reasonable suspicion and the exercise of your right to remain silent can not be used against you.



Finally, please remember that field sobriety tests are completely voluntary. You cannot be compelled to perform them at a DUI checkpoint or anywhere else and DUI defense lawyers agree that you should never do them. Again, it is advisable to exercise this right in a polite, non-confrontational manner. Just tell the cop, in a pleasant voice, that you would rather not do them. Again, ask the officer if you are free to leave. The officer’s last effort will probably be to ask you to blow into a small, hand-held breath test machine before you are “on your way”. Again, as long as you are not under arrest, this test is completely voluntary. And again, DUI attorneys agree that you should never take this test. Remember, you have nothing to gain by answering questions, taking field sobriety tests or agreeing to a voluntary breath test. Don’t try to prove your innocence at a DUI checkpoint. Rather, don’t help the District Attorney convict you by providing all the evidence they need.

For a free and confidential telephonic consultation with an experienced Orange County DUI lawyer call The Law Offices of EJ Stopyro at (949) 559-5500.