Make The Arrest: YOU Have The Power!

Criminal Defense Attorney in Orange County
Orange County Criminal Defense Lawyers

Law Offices of EJ Stopyro

Police officers aren’t the only ones who can lawfully arrest another person who commits a crime, such as assault& battery, burglary, domestic violence, drugs, or even DUI. You can too! Criminal defense lawyers know that the lawful authority for YOU to make an arrest is found in Section 837 of the California Penal Code. That section states:

“A private person may arrest another:

1) For a pubic offense [misdemeanor] committed or attempted in his presence.

2) When the person arrested has committed a felony, although not in his presence.

3) When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.”

These arrest powers that you and I have are very similar to the arrest powers given to the police. The major difference is that the police can arrest somebody when they have probable cause to believe that someone committed a misdemeanor in their presence, whether or not it really was.

So, for example, if a person assaults you, threatens you with physical harm, or assaults or threatens anyone, including your criminal defense attorney, IN YOUR PRESENCE, you have the lawful authority to arrest that person. You simply tell that person that you are placing them under arrest and that they are NOT free to leave. Then, call 911 and get help. When the police come, it is not THEIR decision to arrest the person—YOU have already placed them under arrest. The police MUST then take that person into custody or give that person a citation telling them WHEN to appear in court.

As citizens, it is OUR responsibility to step up and take an active role in protecting our neighborhoods, our families, and ourselves. When we see a theft, assault,marijuana crime or child endangerment happen in our presence, WE have the authority, and arguably the responsibility to arrest the one committing it. Of course, let the POLICE do the “dirty work” of taking the person into custody. This is what the police are for and this is why we pay them so much money.

If you have been arrested by the police or by a private citizen for an Orange County burglary, marijuana sales, drug sales, criminal threat, DUI or any other crime in Orange County you must consult with a criminal defense lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to speak with an Orange County DUI defense attorney today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Domestic Violence Lawyer in Orange County
Orange County Drug Defense Attorneys

DUI Checkpoints: Huntington Beach Gets A Grant

DUI Attorneys in Orange County
Orange County DUI Lawyers

Courtesy of the Law Offices of EJ Stopyro

DUI checkpoints are a major enforcement tool used by Orange County law enforcement agencies to detect and arrest drunk driving. Drivers may be legally detained at these DUI checkpoints and, if alcohol is detected, police will request that they take field sobriety tests and a “voluntary” breath test. This may lead to the driver being arrested for DUI and subjected to harsh penalties through the court proceedings as well as a license suspension after a DMV hearing.

The Huntington Beach Police Department has just been awarded a grant of $107,500.00 by the California Office of Traffic Safety, according to the Orange County Register. The grant will be used to set up and operate eleven DUI checkpoints in Huntington Beach. This amounts to roughly one DUI checkpoint every month for the next year.

The DUI checkpoints operated by the Huntington Beach Police are usually manned by officers who are working overtime. The grant money will be used mainly to pay the overtime for officers to operate the checkpoints. Budget cuts in the Huntington Beach Police Department have forced the Department to eliminate its DUI enforcement unit—a group of officers who specifically look to make DUI arrests in Huntington Beach. This is why the police department applied for the grant. According to the Huntington Beach Police Department, DUI arrests are down this year because of the loss of their DUI enforcement unit. In fact, Huntington Beach ranked among the five worst cities for alcohol related collisions among 53 cities with populations between one hundred thousand and two hundred and fifty thousand, according to Police Chief Ken Small.

 Although the Supreme Court has held that DUI checkpoints are constitutionally permissible, there are specific criteria that must be observed in order for a DUI checkpoint arrest to be legal.

1.         The public must be given advanced notice of the checkpoint. The location and time of operation must be provided to the media;

2.         As drivers approach the checkpoint they must have the opportunity to avoid the checkpoint if they choose. Drivers who turn to avoid the checkpoint cannot be stopped solely because they turned to avoid the checkpoint.

3.         There must be a random formula for deciding which cars to stop--for example, every 5th car.

4.         The location of the checkpoint must be reasonable can't be put in a dangerous situation.

5.         The sobriety checkpoint must be well marked, well lit, and have adequate signs to notify approaching drivers.

6.         The duration of the stop must be limited and reasonable. The intrusiveness of the stop must be minimized as much as possible.

7.         Field officers are limited in their discretion.

8.         Safety conditions must be maintained.

For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County

Orange County DUI Attorneys

 

Penalties For Violating A Domestic Violence Restraining Order

Orange County Domestic Violence Lawyers
Criminal Defense Attorneys in Orange County
Courtesy of Law Offices of EJ Stopyro

 In California a battery is defined as “any willful and unlawful use of force of violence upon the person of another.” (California Penal Code Section 242) Any domestic violence lawyer in Orange County will tell you that under California law, a battery becomes a crime of domestic violence if the victim is in a special relationship to the defendant. Penal Code Section 243, one of Orange County’s primary domestic violence laws, makes battery a crime of domestic violence if the victim is the spouse, ex-spouse, cohabitant, parent of the defendant’s child, fiancé, fiancée, or in a dating relationship with the defendant.

While ordinary battery (battery committed on someone notin a special relationship to the defendant) is punishable by up to six months in jail, domestic battery is punishable by up to one year in the Orange County jail. Also, domestic violence attorneys in Orange County know that if you are convicted of domestic battery under Penal Code Section 243, you will be required to attend a minimum 52-week batterer’s treatment program at your expense. But perhaps most importantly a conviction for a crime of domestic violence on your record can have far reaching consequences on employment and background checks. If you have a prior conviction under Section 243, then a new conviction will carry mandatory jail time.

If the victim suffered “serious bodily injury” as a result of the domestic battery, the offense becomes a “wobbler”, meaning it can be charged as a misdemeanor or felony and is punishable by up to four years in prison. Therefore, if the battery resulted in injury you should consult with an Orange County domestic violence lawyer without delay. If the victim did not suffer serious bodily injury the offense is a misdemeanor.

One common defense used by domestic violence defense lawyers is to show that a “dating relationship” did not exist under this statute. “Dating relationship”, as used in this statute, is defined as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.” Thus, the DA must show that the defendant had frequent intimate associations in order to establish that a dating relationship existed. To discuss more defenses and defense strategies call the Law Offices of EJ Stopyro today at (949) 559-5500for a free and confidential consultation with an experienced Orange County domestic violence lawyer.

Law Offices of EJ Stopyro

Criminal Defense Lawyers in Orange County

Orange County Domestic Violence Defense Attorneys

Orange County DUI Court Program: An Alternative To Jail

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

Being arrested for a DUI in OrangeCounty can be an extremely traumatic experience. DUI attorneys know the penalties for DUI are harsh, particularly if you have prior DUI convictions. Moreover, the law REQUIRES mandatory jail time if you have one of more prior drunk driving conviction. So if you DO have prior convictions on your record within the past ten years, then you face mandatory jail time. In Orange County, the District Attorney typically requires around 60 days in jail for a “standard” second-offense DUI. If it is a DUI with injury, it can be filed as a felony with possible prison time. A third-offense DUI carries a MANDATORY 120 days in the Orange County jail with a typical DA offer of 8 months in the Orange County Jail.

The truth is, if you do have prior DUI convictions within the past ten years, you may be addicted to alcohol. This is a fact that has been recognized by the court system and, as a result, Orange County has developed the DUI Court Program to address those addiction issues in those facing charges for DUI and especially for those who face mandatory jail time. The DUI Court Program addresses the addiction. If you are accepted into this program, you will have the chance to avoid all jail time in your case. However, the program is EXTREMELY INTENSE and involves individual and group counseling, psychological counseling, and frequent court appearances. Moreover, you must completely abstain from drug and alcohol use and you will be subject to random testing at any time.

The DUI Court program lasts for a minimum of one year and, during this time, you cannot use or even possess any alcohol or unauthorized drugs. If you violate those terms and relapse you will usually NOT be terminated from the program but will be given additional treatment. The program is truly revolutionary and DUI Lawyers do NOT recommend this program to their clients unless they are firmly devoted to controlling their addiction and becoming sober. If you ARE committed to getting and staying sober, the program is fantastic and can help save your live, your relationships and your career.

If you are facing mandatory jail time because of a DUI arrest, consult with an OrangeCounty DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County
Orange County DUI Attorneys

Orange County DUI: Court Proceedings v. DMV Hearing

Law Offices of EJ Stopyro
Orange County DUI Lawyer
DUI Attorneys in Orange County

If you are stopped and arrested for drunk driving in Orange County, then you face possible consequences from both the Orange County court AND the DMV. If the results of your evidentiary breath test or blood test come back below a 0.08%, the DMV will NOT impose an APS suspension against you. In this case, if you can resolve your court charges with something other than a DUI, such as a wet reckless, dry reckless, exhibition of speed, or a dismissal, then you will avoid a suspension altogether. If your BAC is 0.08 or higher, then you face a battle on two fronts.

The court proceedings are to determine whether you can be found GUILTY of the crime of DUI and punished with jail, fines and an alcohol program. The DMV hearing is a civil proceeding to determine whether the DMV has grounds to suspend your license. For the most part, the proceedings are separate and have no bearing on each other. DUI lawyers know all too well that it is possible to win in one proceeding and lose in the other. The one exception is that a NOT GUILTY verdict in a DUI trial also requires the DMV to set aside the suspension and give you your license back.

In the court proceedings, the District Attorney (DA) must prove their DUI case beyond a reasonable doubt in order to convict you of a DUI. At the DMV hearing the evidentiary standard is much lower—the DMV need only prove its case against you by a preponderance of the evidence. In court, twelve independent civilians (jurors) must ALL agree that the DA has proved their case beyond a reasonable doubt. At the DMV hearing, a DMV employee sits as BOTH judge and as prosecutor. There is NO jury: the DMV employee gets to decide if he or she has proved their case by a preponderance of the evidence.

Moreover, the rules of evidence are very “relaxed” in a DMVhearing. Where in a criminal trial the defendant has the right to personally confront witnesses against them, no such right exists in a DMV hearing and hearsay that would be inadmissible in a courtroom is routinely allowed as evidence in a DMV hearing. These lopsided rules make it important to have a skilled Orange County DUI attorney represent you at the DMV hearing. Even for a veteran DUI lawyer these hearings are difficult to win.

If you have been arrested for a DUI it is important that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com. For more information on the difference between the DMV hearing and the court proceedings click HERE.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney

Orange County Domestic Violence: Criminal Threats

Law Offices of EJ Stopyro

Orange County Domestic Violence Lawyer
Criminal Defense Attorney in Orange County

Although a typical domestic violence case involves an allegation of domestic battery or some kind of physical infliction of injury, it is not unusual for a complaint filed in court in an Orange County domestic violence case to also include a charge of making a criminal threat (also known as a “terrorist threat”). Not every threat can be prosecuted as a crime under the criminal threats statute. Penal Code Section 422 states:

“Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear of his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year or by imprisonment in the state prison.”

So, only threats of “death or great bodily injury” are criminalized by this law and will be prosecuted by the Orange County District Attorney in domestic violence court. Threats to divorce or to obtain full custody of children do not qualify as criminal threats. Moreover, the person making the threat must INTEND it to be a threat. Domestic violence lawyers know that under California law, angry utterances or “ranting soliloquies, however violent or angry, are not criminal threats. People v. Teal (1998) 61 Cal.App.4^th 277, 281) Also, a criminal threat must have indications of seriousness and deliberate statements of purpose. In In Re Ricky T. (2001) 87 Cal.App.4^th1132, a teacher opened a door and accidently hit a student with the door. The student said “I’m going to get you”. The Court of Appeal held that the statement lacked deliberate statements of purpose. The court also found that the remark was ambiguous and was no more than a vague threat of retaliation.

Domestic violence attorneys also know that a threat need not convey a precise time or manner of execution in order to be prosecuted. In People v. Franz (2001) 88 Cal.App.4^th 1426, the defendant put his finger to his lips and made a “Shushing” noise while sliding his fingers across his throat. This was held to be an unequivocal statement of purpose and conveyed sufficient gravity of purpose and immediate prospect of executing the threat.

If you are facing charges for domestic violence, including criminal threats, call the Law Offices of EJ Stopyro today at (949) 559-5500. You can speak directly with an experienced Orange County criminal defense lawyer with outstanding credentials and case results. The consultation is free and confidential. Or visit our website at

Law Offices of EJ Stopyro

Criminal Defense Lawyer in Orange County
Domestic Violence Attorneys in Orange County

Orange County DUI Arrest And The Dry Reckless

Law Offices of EJ Stopyro

Orange County DUI Lawyer

DUI Attorneys in Orange County

If you are facing charges for an Orange County DUI, then the District Attorney has filed a complaint against you alleging that you violated Section 23152 of the California Vehicle Code. During the court proceedings, your DUI lawyer will evaluate all the evidence against you, including the results of the breath test or blood test, the results of the field sobrietytests, calibration and maintenance logs for these devices, any video in the case and the arrest report.

If there are weaknesses in the case, such as a blood-alcohol test result that is close to or below 0.08%, then the DA might settle the case against you if you plead to a lesser charge. A “wet reckless” is usually the next lowest charge and its advantages are discussed in our previous blog and on our DUI website on the Wet Reckless page. But sometimes your DUI attorney can get an even better offer. A “dry reckless” is a simple traffic violation that is NOT alcohol related. Although the fines for a dry reckless and a wet reckless are about the same, the dry reckless has some distinct advantages over the wet reckless.

A wet reckless conviction will count as a prior DUI if, within the next ten years, you are convicted of a DUI. So if you plead guilty to a wet reckless today, and three years from now you are arrested for a DUI, it will be charged as a “second offense” carrying mandatory jail time. (In Orange County a typical second-offense DUI gets 45 to 90 days of jail time.) However, if your Orange County DUI lawyer gets you a dry reckless, this DOES NOT COUNT as a prior DUI if you are arrested again.

Another advantage of the dry reckless over the wet reckless is that a conviction for a dry reckless will usually NOT cause your insurance to go up. Some insurance companies will increase a driver’s rates for a wet reckless conviction. The DA will usually not offer a dry reckless unless there are some serious problems with the evidence or a blood-alcohol level BELOW 0.08%.

If YOU are facing charges for a DUI in Orange County it is important that you consult with an experienced Orange County DUI defense lawyer with outstanding case results. Call the Law Offices of EJ Stopyro at (949) 559-5500 The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney