Arrest: YOU Have The Power To Make One

The next time you see a crime occur in your presence,
remember that California law gives you the power to arrest the person
committing the offense. Penal Code Section 837 specifically endows you with the
authority to arrest someone who you see commit, or attempt to commit, any
misdemeanor or felony, such as assault, battery, criminal threats,
theft or even DUI. In fact, DUI attorneys
know that DUI arrests are commonly made by private persons who saw the actual
driving in cases where the officer did NOT see the defendant drive.

When you arrest someone you must tell the person: 1) that
you are arresting them; 2) what crime you are arresting them for; and 3) your
authority to make the arrest. For example, you might say “I’m placing you under
arrest for assault pursuant to Penal Code Section 837”. This formal statement
need not be made if it is not reasonable to make it—such as when the defendant
is actually in the middle of committing the crime or is fleeing from the scene.
Moreover, you do not have to advise the arrestee of his or her rights, such as
their right to a criminal defense
lawyer.

Once you have arrested someone you have a duty to either
immediately take them before an Orange County judge or to call the police and deliver
the arrested person to a police officer. (Penal Code Section 847) If you call
the police, the officer MUST then either take the arrested person to jail or
release the arrested person on citation and promise to appear before a judge. The
police officer will admonish the defendant of their right to a criminal defense attorney and to
remain silent.

While you are waiting for the police you may use reasonable
force to detain the arrested person and keep them in custody until the police
arrive. (However, depending on the situation, it may be best to let the
arrestee flee in which case a warrant will be issued.) If they resist you, you
may use reasonable force to overcome their resistance. If the arrested person
assaults you during the course of the arrest and detention, you may use
whatever force is necessary to defend yourself or others.
 

So the next time you are the victim of a crime—such as a
harmful or offensive touching (battery) or when someone threatens to harm you
(criminal threats), use your power to arrest. Then immediately call 911 and get
the police rolling to take your arrestee into custody.

For more information on any criminal matter call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
telephonic consultation with an experienced Orange County criminal defense
attorney. You can also reach us at www.ejesquire.com.
Our main office is at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675.

DUI Alert! Your Cold Medicine Could Land You in Jail

In
California you can be convicted of DUI drugs if you drive while under the
influence of any drug, whether an
illegal street drug like heroin, cocaine or methamphetamine or a completely
legal drug such as over-the-counter cold medicine. Any DUI lawyer will tell you
that If you take any substance and drive you should know this: if you are
pulled over and a police officer believes that your balance, coordination, or
mental abilities are so impaired that you cannot drive a car with the same
ability of an unimpaired person, then you will be arrested and charged with a
drug DUI. It will not make one bit of difference to the cop whether you took
Nyquil or smoked crack; If you appear to be impaired to the officer be ready to
take a ride in the back seat of the police car.

Of course,
the officer’s belief that you were impaired may justify arresting you for a
drug DUI but the District Attorney still must prove, beyond any reasonable doubt,
and against your skilled Orange County DUI attorney’s defense, that you were actually
impaired before a jury can convict you of DUI drugs. This can often be
difficult to do in a drug DUI case since there is no “magic number” to prove
impairment as there is in an alcohol DUI case. With alcohol, the DA need only
prove the driver had a blood-alcohol level of 0.08% and, at that level, a
driver is presumed to be impaired. But there is no specific “level” for drugs
in a drug DUI case. So in a drug DUI case the DA must prove that the driver was
actually impaired. This “actual impairment” requirement makes a drug Dui case
harder to prosecute and easier for your DUI attorney to defend.

Typically,
the evidence used by the DA to prove impairment consists of 1) the actual
driving observed in the case; 2) the driver’s performance on field sobriety
tests; and 3) the driver’s physiological characteristics.

1)      Bad Driving

The most
accurate way to determine someone’s driving ability while on a drug is to
observe their driving after they have taken the drug. This makes the officer’s
actual observations of the driving very important in a drug DUI case. At trial,
the DA will elicit testimony about anything the driver did to evoke suspicion,
such as weaving, wide turns, etc. On cross examination, a good DUI attorney
will elicit testimony about all the things the driver did correctly, such as
drive within the speed limit, use turn signal, and park perfectly in a small
parking space when pulled over. A skilled dui defense attorney will also point
out that the “bad driving” observed could be explained by ordinary behavior—a slight
swerve often happens when a driver is setting their GPS.

2)      Field Sobriety Tests

The officer
will never tell you that field sobriety tests are completely voluntary. But
they are. And you should NEVER agree to do them without your DUI defense lawyer
present. They should always be politely declined. Mostly, because they are so
unreliable and so open to officer interpretation. The officer doesn’t sit down
and write about your performance on field sobriety tests until after he has
arrested you and must justify your arrest. Do you really think a person can be
unbiased in that situation. Of course, an experienced DUI lawyer can present
convincing evidence that the tests are untrustworthy but a drug DUI case is far
more winnable when the driver declines to perform field sobriety tests.

3)      Physiological Characteristics

Red, watery
eyes, drowsiness, fidgetiness, slurred speech, rapid pulse, slow pulse, dilated
pupils, pupils slow to respond to light, and blood pressure are some, but by no
means all, of the physiological characteristic evidence that a DA may use to
show impairment by a drug. Often, the officer will ask the driver to submit to
an examination by a Drug Recognition Expert (“DRE”). Again, this is entirely
voluntary and should always be politely declined. A DRE is just a cop with a
little extra training in drugs and how they affect physiology. But the testimony
of this “expert” can be very damaging at a drug DUI trial.

The
punishment for a drug dui is the same as an alcohol DUI. It will depend on
whether you have any prior DUI convictions, whether anyone was hurt, whether
there was an accident, and how high the driver’s blood-alcohol level was.

For more information about DUI law call The Law
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced Orange County DUI attorney. You can also reach
us on www.ejesquire.com. We have offices
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675
and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

San Francisco 49ers Player Arrested For Domestic Violence : OC Legal Help

Santa Clara police arrested a five-year veteran San
Francisco 49er running back for domestic violence.
Full-back Bruce Miller was taken into custody by the police. The circumstances
of the arrest were not released—where he was arrested and who called the police.
However, according to Miller’s criminal
defense lawyer, he has posted bail and is out-of-custody pending charges
for spousal battery. It also hasn’t been reported whether the domestic violence
charge will be filed as a felony or a misdemeanor. It also hasn’t been reported
whether Miller has any history of domestic violence.

 

If you have questions about domestic violence law in
California call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation with an experienced Orange County
criminal defense attorney. You can also reach us at www.ejesquire.com. Our main office is at
32072 Camino Capistrano, San Juan Capistrano, CA 92675.

Felony DUI: A Dangerous Trap For Social Drinkers

If a driver
is too impaired by alcohol, drugs, or a combination of alcohol and drugs to
drive with the same care and caution of a sober person, then they can be
convicted of DUI. Any DUI attorney will tell you that a typical first-offense DUI
conviction draws no jail time in Orange County. But if someone is injured, even
slightly, because of the driver’s impaired state, then the driver can be
charged and convicted of felony DUI and sentenced to state prison. It doesn’t matter
if the injured person is the driver’s passenger, friend relative or spouse, and
any injury can elevate a DUI to a felony.

For example;
Dan and Vic went out drinking to pick up chicks and watch the game. Both men
drank two schooners of beer, a modest amount for their weight. While driving
the two men home, Dan veered off the road into a ditch. Vic’s forehead struck Dan’s
dashboard and sustained a minor cut, which the paramedics remedied with a
bandage. The CHP measured Dan’s blood-alcohol level at .08% nearly an hour
after the accident. Dan was charged with felony DUI and offered a prison
sentence. Luckily, Dan’s relatively low blood-alcohol level gave Dan’s Orange
County DUI lawyer leverage enough to present a rising defense and to get the
charge reduced to misdemeanor first-offense DUI with 80 hours of community service.

Under California
Vehicle Code Section 23153 where a DUI results in injury to anyone but the
driver, the crime of DUI can be punished as either a misdemeanor or a felony, (called
a “wobbler”), punishable by up to three years in the California State Prison. Moreover,
if the injury is serious, then the defendant faces additional prison time of
three years for a “great-bodily-injury” enhancement. That’s right. If the jury
finds that the injury was “great bodily injury”, then the defendant must do
three ADDITIONAL years in prison, on top of the underlying felony sentence. Also,
a conviction of DUI with great bodily injury is a “strike” offense.

But this
statute only applies if the driver causes the accident in the first place. If
the other driver is at fault then this statute doesn’t apply and the defendant
can only be charged with misdemeanor DUI. The DA must prove that the driver
acted negligently or broke some traffic law that caused the accident.

For more
information call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation with an experienced Orange County DUI attorney. You
can also reach us on our contact page. We have offices at 32072 Camino
Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Woman Accused Of Stabbing Her 94-Year-Old Mother : OC Legal Help

Michelle Davis, a 60-year-old woman in Maryland has been
arrested in the stabbing death of her 94-year-old mother, according to the
defendant’s criminal defense lawyer. The two women lived with each other and
had an argument on Saturday, shortly before the stabbing. When paramedics
arrived they found that the victim had been stabbed and was pronounced dead.
The number and location of stab wounds has not been released. Michelle Davis
faces possible charges for first and second-degree murder as well as assault
with a deadly weapon. The story appeared in Yahoo News.

Petty Theft: Keeping it off Your Record

The crime of petty theft is defined in Section 484 of the
California Penal Code. Any criminal defense lawyer will tell you that the most
common form of petty theft is shoplifting, referring to the theft of goods from
a retail store. Theft of goods or services with a value of $950.00 or less is
considered petty theft which is punishable as a misdemeanor. Theft of an amount
greater than $950.00 is called grand theft and is punishable as a misdemeanor
or a felony with a maximum punishment of up to three years in the state prison.
Petty theft is punishable by up to six months in the Orange County jail.

 

Petty theft, like all theft crimes, is considered a crime of
“moral turpitude”, meaning it involves dishonesty or immorality. Therefore, a
conviction for a theft crime, including petty theft, can be an impediment when
seeking a job or any kind of license. Therefore, it is always best for your
criminal defense attorney to explore every option to keep the charge from
appearing on your record.

 

A favorite method of theft defense attorneys is to negotiate
a “deferred entry of judgment” deal or “DEJ”, whereby the defendant agrees to
make restitution to the victim, complete a class on personal responsibility,
and provide a DNA sample to compare against DNA collected at unsolved crime
scenes. Under the terms of a DEJ agreement, if the defendant does this and
remains free from further arrest for 90 days, the charge against the defendant
will be dismissed. Of course, Orange County criminal defense lawyers aren’t
always able to convince the DA to offer the DEJ program. It will depend on many
factors, including whether you have prior criminal convictions, your age, and
the circumstances of the crime.

 

For more information about theft crime such as burglary,
larceny, fraud, robbery or auto theft, call The Law Offices of EJ Stopyro at
(949) 559-5500 for a free and confidential telephonic consultation with an
experienced Orange County criminal defense lawyer. You can also reach us on our
contact page. Our main offices is at 32072 Camino Capistrano, 2^nd
floor, San Juan Capistrano, CA 92675.

DUI Checkpoint: Know Your Rights

DUI checkpoints have become a regular feature of the Southern California landscape.
When motorists happen upon a DUI checkpoint they often become anxious, even if
they have had nothing to drink at all. Needless to say, motorists with some
alcohol or drugs, even prescription drugs, in their system have a lot to be
nervous about. After all, if a police officer believes that you are impaired,
even if you are well below a 0.08%, you could be arrested and convicted of a DUI.

So the next
time you come upon a DUI checkpoint, remember your rights. First of all, you
have the right to avoid the DUI checkpoint altogether. Case law specifically
mandates that the checkpoint be clearly marked in advance with signs, be well
lit, and provide oncoming drivers the opportunity to avoid the checkpoint.
Secondly, you have the right to have your DUI lawyer in Orange County present before answering any questions about what you
drank and when you drank it. You should always exercise this right. Third, you
have the right to not perform any field
sobriety tests.

Field
sobriety tests are voluntary, but the cop will never tell you that. Do your DUI
lawyer and yourself and never perform any field sobriety tests. And finally,
you have not have to take the voluntary breath test that most DUI checkpoints
request. This breath test is offered BEFORE a person is arrested. Once you have
been arrested you are legally required to provide a breath or blood sample of
your choosing.





For more
information about DUI checkpoints or any criminal matter call The Law Offices
of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic
consultation with an experienced Orange County DUI attorney. You can also reach
us at www.ejesquire.com. We have offices
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675
and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Shots Fired at Two L.A.P.D. Drug Crime Officers

Two plainclothes narcotics officers, presumably driving an
unmarked car, were shot at multiple times Sunday night in Florence. The two
officers are assigned to the Narcotics Division which is principally
responsible for enforcing drug crime laws such as drug possession, drug sales,
transporting drugs, and the manufacture of illicit drugs. These officers often
work “under cover”, holding themselves out as drug users, sellers and producers
to get evidence against those who sell, use or manufacture any illegal drug
including cocaine, heroin, methamphetamine, and even marijuana.

The circumstances of the shooting suggest the two officers
were recognized by the shooters, probably through previous drug crime arrests, and
retaliated against the officers. The two police officers sustained minor
injuries and were treated at the scene. To give you some idea of the character
of the neighborhood, one neighbor who moved into the vicinity only weeks ago
said gunshots are a regular feature of the area and that they don’t go outside.

If you have questions about drug crimes or any other
criminal defense matter call The Law Offices of EJ Stopyro at (949) 559-5500
for a free and confidential consultation with an experienced Orange County criminal defense attorney.

Punishment for a First-Offense DUI

If you are arrested and convicted of a first-offense DUI in
California you face up to six-months in the county jail, court fines and fees
in the thousands of dollars, as well as the expense of a DUI defense attorney. However,
there is no mandatory jail time for most first-offense DUI offenders unless an “enhancement”
applies, such as a child in the car or the arrestee was driving at excessive
speeds of 20 or 30 miles over the speed limit.

Since there is no mandatory jail time for most first offenders,
the decision to impose jail time is left to the court system of each California
county. Some county courts have a set policy to impose some standard term of
jail time, such as 10 days, for a first-offense DUI. In Orange County, it is
the District Attorney’s policy to impose no jail time for a first-offense DUI
as long as there was no enhancement, accident, or egregious driving or
behavior. For most “standard first” DUI’s, the DA will agree to settle it with
a fine, probation, and alcohol class requirements.

 

The DMV, however, is not so forgiving. Whenever a defendant
is convicted of a DUI in California, the law requires the court to report the DUI
conviction to the DMV, who will then impose a suspension on your driving
privileges. The typical DMV suspension for a first-offense DUI is six months.
However, in most cases, you can get a “restricted” license after 30 days which
will allow you to drive to and from school, do any “work-related” driving, and
drive to and from the mandatory alcohol program.

For more information call The Law Offices of EJ Stopyro at
(949) 559-5500 for a free and confidential telephonic consultation with an experienced
Orange County DUI defense
lawyer. You can also go to www.ejesquire.com
or www.ejesquire.net. Our main office is
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA
92675.

Punishment : Domestic Violence Restraining Order

When the police arrest someone for a domestic violence crime
like domestic battery or criminal threats, they will often serve the arrested
person with a “protective order” which is essentially a restraining order
prohibiting or limiting contact or communication with the “victim”. These
orders also dictate the distance the arrestee must stay from the victim. Even
an attempt to send a message to the victim through a third-person, such as a
family member or friend, is a violation. Only an arrestee’s criminal defense
lawyer can talk to the victim. Moreover, the age of convenient communications
makes it easy for the police to track a defendant’s calls, texts and even
location throughout any day.

The harsh restrictions of a domestic violence protective order
make for dangerous terrain, especially for the many domestic violence defendants
who are raising children together or living with each other. A simple text message
about day-to-day matters constitutes a violation of a protective order. Under
Penal Code Section 273.6, violation of a domestic violence restraining order is
a misdemeanor punishable by up to a year in the county jail. If the defendant
has a prior domestic violence conviction within the past seven years, then
violating the current protective order could be filed as either a misdemeanor
or a felony, punishable by up to three years in the state prison. It is up to
the DA to decide whether to file the charge as a misdemeanor of felony.

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

Brandishing a Weapon Gets Mandatory Jail Time

You don’t need an Orange County criminal defense lawyer to tell you that it is
illegal to harm, or attempt to harm, or threaten to harm someone with a weapon.
But what about merely showing someone a weapon or displaying it during an
argument or fight? Well, that is also a crime under California Penal Code 417
and if you are convicted of it you MUST serve at least 30, and up to a year, in
the Orange County jail.

This law makes it a misdemeanor to display or exhibit any
deadly weapon, such as a knife or club, in a “rude, threatening, or angry
manner”. If the weapon displayed is a firearm, whether loaded or unloaded, then
Penal Code Section 417 requires a minimum jail sentence of three months with a
possible maximum sentence of one year.

For example: Dan is having a beer at a crowded bar in
Newport Beach when a drunken patron bumps into him. The two have heated words
and square off. Dan breaks his beer bottle on the bar and holds up the jagged
remains, indicating an ability to cut the intoxicated man. Dan has committed
the criminal offense of displaying a weapon and, if convicted, will serve at
least a month in jail for his angry reaction. If, however, the inebriated
customer had first lunged or moved at Dan in a threatening manner, then Dan
could argue that he displayed the weapon in self-defense.

If, in the example above, Dan had reacted by opening his
coat and displaying a handgun in his waist, then Dan would be facing a minimum
three-month jail stay. Moreover, if Dan had removed the gun from his waistband
and pointed a loaded gun at his opponent, Dan would be charged with a much more
serious felony—assault with a firearm—which is a strike felony and carries a
minimum five-year sentence in the state prison.

If you would like a free and confidential telephonic
consultation with an experienced Orange
County criminal defense attorney call The Law Offices of EJ Stopyro at
(949) 559-5500. Our main office is at 32072 Camino Capistrano, 2^nd
floor, San Juan Capistrano, CA 92675. You can also visit us at www.ejesquire.com and www.esesquire.net.

Domestic Violence: Kurt’s Tinder Date

Criminal defense attorneys know that domestic violence
carries harsher penalties than assault and battery including longer jail time, a
mandatory year-long “batterer’s treatment program,” and limited contact with
the victim as dictated by a protective order (Restraining order). Moreover, the
stigma of a domestic violence conviction on your record can possibly harm your
career and reputation.

 

Domestic violence is, essentially, assaultive or threatening
conduct towards someone you are or were intimate with, including someone you
are dating. For example, my client Kurt is a frequent user of a dating cite
called “Tinder”. Kurt “casts a very wide net” and is able to meet many “interesting”
women. After several years, one of Kurt’s Tinder girls consented to a second
date. Kurt became ecstatic about the prospect of a second date and told both
his friends, and anyone else who would listen, about his “new girlfriend”.

 

On the second date Kurt decided to showcase his supremely
clever sense of humor. After driving his lucky lady-friend to Denny’s in his
1993 Corolla, he followed her to the table. He pulled her chair out for her and
invited her to sit down. As she sat, Kurt quickly pulled the chair from under
her, cackling devilishly as he watched her crash into the floor. When the
police arrived Kurt’s irate date explained the situation to the nice officers
who immediately tazed and arrested Kurt for domestic violence.

 

Unfortunately, Kurd did not hire an experienced Orange County
criminal defense lawyer to help him at trial. He felt his legal training acquired
through years of watching Judge Judy would now pay off. In record time Kurt was
convicted of domestic battery under Penal Code Section 243(e)(1).

 

If you face criminal charges, don’t make the same mistakes
Kurt made. Call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation with an experienced Orange County criminal defense
lawyer. You can also reach us on our contact page.

It is Legal to Avoid a DUI Checkpoint

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”. 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 the cop can still arrest you for DUI if they feel 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.

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 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.

For more
information about any criminal law matter call The Law Offices of EJ Stopyro at
(949) 559-5500. You can also reach us on our contact page. Our main office is
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA
92675.

Indecent Exposure: What is it?

Although conviction for any crime leaves a stain on a person’s
record, the very nature of some crimes can be more damaging to your reputation
than others. Take a misdemeanor DUI
conviction for example. Any Orange
County criminal defense lawyer knows that while a DUI on your record can
keep you from getting certain jobs, such as police officer or driver, it is not
a crime that is viewed with particular enmity by society. In fact, DUI
convictions are so commonplace that they hardly raise any eyebrows. But a misdemeanor
conviction for Indecent Exposure can be a scarlet letter.

Misdemeanor indecent exposure is controlled by California
Penal Code Section 314. This section makes it a crime to:

1.     
Lewdly and willfully;

2.     
Expose their person or private parts thereof;

3.     
In any public place or in any place where people are
present who may be annoyed or offended.

This section also makes it a crime to counsel, procure or
assist a person to expose himself or herself.

So, for example, in one case, an extremely intoxicated criminal defense lawyer in Orange
County was at a bar in Laguna Beach. The defense lawyer, we’ll call him
Dan, had been drinking beer all night like it was going out of style. Near the
end of the night, the waitress saw him stagger to the restroom, stumbling into
a table and then a wall on the way. Another witness saw Dan enter the restroom
and relieve himself at the stall next to him. The witness said Dan had a hard
time keeping his balance and that his “aim” was horrible. Dan soon emerged from
the restroom with what several witnesses described as “his penis hanging out of
his pants.” The uproar from the crowd drew the attention of a police officer
standing near the entrance. The officer stepped in and saw Dan standing in the
barroom with his member exposed and arrested him for indecent exposure in
violation of Section 314 of the Penal Code.

Although the DA thought they had a pretty solid case against
Dan, Dan’s criminal defense lawyer pointed out that in order to convict them of
indecent exposure the DA must prove that, under element 3, that Dan WILLFULLY
exposed himself. The evidence of Dan’s intoxication however was evidence that
Dan did not intentionally (willfully) expose his penis but was rather the
result of his voluntary intoxication. Since voluntary intoxication is a defense
to show that there was no requisite intent, the DA dropped the charge of
indecent exposure against Dan. They did, however, amend the charge to Penal Code
Section 647(f)—Drunk in Public. Thanks to the help of his Orange County criminal
defense lawyer Dan avoided the stain of an indecent exposure conviction on his
record.

If you are charged with any crime in Orange County call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced criminal defense attorney. You can also visit
us on the web at www.ejesquire.com. Our
main office is at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675.

Five Advantages of a “Wet Reckless”

Five Reasons Why a “Wet Reckless” is Better Than a DUI

Getting a DUI charge reduced to a Wet Reckless can make all the difference in the world. The advantages of a wet reckless include:

1)      There is no mandatory jail for a wet reckless charge. If you are charged with a DUI and you have a prior DUI conviction, then you face mandatory time in the Orange County jail. But if your Orange County DUI lawyer can get the charge reduced to a wet reckless, then you may avoid doing any jail time.

2)      If you plead guilty to the reduced charge of wet reckless you will avoid a DUI conviction on your record. A wet reckless conviction shows up as a simple reckless driving charge which is often ignored by prospective employers.

3)      A wet reckless conviction carries no DMV suspension of your driver’s license. So if your DUI attorney can win the DMV hearing (or if your blood-alcohol was below a 0.08%) then you can avoid any driver’s license suspension.

4)      A wet reckless conviction requires a shorter alcohol program than a DUI. While a DUI conviction will result in you completing a three, six, nine or 18-month alcohol program, pleading guilty to wet reckless only draws a 6-week alcohol program.

5)      The fines for a wet reckless conviction can be as low as $450.00. The standard fines for a DUI are around $2,100.00. The savings alone may pay for your Orange County DUI attorney.

If you face charges for a DUI in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You can also reach us on our contact page. Our main office is at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Stop: Hold Your Tongue

Most of us,
even Orange County DUI defense lawyers, know that sinking feeling you get
when the police car behind us activates its red and blue lights. This is the beginning
of a traffic stop. And while this is scary enough when you have not been
drinking, the fear compounds if you have any alcohol in your system. Because no
matter how much alcohol you have consumed, you now are in extreme danger of
being arrested for DUI.

The reason
for the typical traffic stop is some minor traffic violation, such as speeding,
unsafe lane change, or some lighting equipment that isn’t working properly. Orange County DUI attorneys know that usually the reason for the traffic stop has
nothing to do with drunk driving. But once the officer detects an odor of
alcohol coming from the car, he or she will begin a DUI investigation to
determine if you are too impaired by drugs or alcohol to drive safely.

The DUI
investigation begins with a series of questions about what you drank and ate as
well as when you ate or drank it. This information, called the “drinking
pattern” is critical and your answers will be used to convict you of DUI in
court. What most people don’t know is that they do NOT have to answer these
questions. The only information you must provide is your driver’s license or,
if you don’t have it, your name, date of birth and address.

Answering
questions about what you consumed is a big mistake. The answers will always be
viewed by the cop and the DA in the light most unfavorable to you. Most people
will lie and understate the number of drinks they had, for example telling the
cop you only had one beer. But if a later blood or breath test show your
blood-alcohol higher than one drink could possibly get it, you will be branded
a “liar” and a jury will probably not believe any “revision” of your drinking
pattern at trial.

So if you
are ever investigated for DUI, politely decline to answer any questions, take
any field sobriety tests, or take a “voluntary” breath test. You may end up getting
arrested but since you provided the DA with so little evidence your DUI Attorney may be able to help you avoid a DUI conviction in court.

If you want
more information about DUI, DUI drugs, or DUI with injury, call The Law Offices of EJ Stopyro
at (949) 559-5500 for a free telephonic consultation with an experienced DUI
lawyer. You can also go to www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.

Never Talk to the Police

You are never required to speak to the police about anything. And unless you are reporting a crime, there is almost never any benefit to answering their questions. In fact, even if you are completely innocent, talking to the police can only hurt you. Never volunteer any information beyond that required—name, address and date of birth.

If you have committed a crime, then this piece of advice may seem elementary. Yet, the vast majority of guilty people do voluntarily talk to the police—hoping they can talk their way out of an arrest. Almost invariably these people, no matter how intelligent, unwittingly hang themselves with their own words. And in most instances, if they would have shut up they may have to have endured an arrest but would likely NOT have been convicted. When jail appears to be the next stop it’s difficult to differentiate between an arrest now and a conviction later.

But even if you think you’re innocent you should still never answer police questions. First of all, you may have committed a crime and not even know it. For example, if you gave the slightest assistance to someone who did commit a crime, then you may be charged as an accomplice. But even if you are truly innocent, your answers can still be used to convict you of a crime you didn’t commit. This happens more often than you may think. An honest misstatement, even about a minor detail, can be interpreted by a DA and a jury as a calculated lie and an indication of guilt.

Moreover, under 18 U.S.C. 1001, it is a crime to lie to a federal agent. So if you voluntarily talk to a federal agent, you could well be prosecuted and jailed if what you say isn’t true. Just ask Martha Stewart, who was convicted and imprisoned for this exact offense.

Finally, consider that most police interviews are not recorded. The officer will write down your answers, either during the interview or later on. But cops are just fallible humans who get things wrong. Sometimes these officers don’t faithfully record what you actually said but what they thought you said or what they remember you saying. In this case, it will come down to your word versus the officer’s. Who do you think a jury or a DA will believe? In order to avoid this from happening simply refuse to answer any questions without a criminal defense attorney present.

Politely declining to answer any questions is the best way to avoid being convicted of a crime, whether you are guilty or innocent. Opening your mouth can only put you in peril. You cannot talk your way out of an arrest. But you can help your lawyer get the case dismissed by keeping your mouth shut.

If you have questions about your rights call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You can also reach us at www.ejesquire.net.

Theft—A Crime Of “Moral Turpitude”

When you face a criminal charge, the immediate consequences
are obvious—jail time, huge fines, fees for an Orange County criminal defense lawyer,
etc.. And when you are facing the possibility of spending time in the Orange County jail it is very tempting to plead guilty of the
charge in order to avoid jail. However, such a decision shouldn’t be made
without considering the long-term ramifications of criminal conviction.

You see, some convictions have a far worse effect down the
road than others. For example, if you decide to seek a professional license
later on, such as a dentist, chiropractor, school teacher, engineer, and criminal
defense attorney, just to name a few, then a conviction for a crime of
“moral turpitude” can be a real impediment. A “moral turpitude” crime is one
that, by its nature, shows a tendency toward dishonesty.

Theft crimes, such as Petty Theft
(sometimes called shoplifting), Grand Theft, auto theft, theft by trick, embezzlement, and
burglary are just a few crimes of “moral turpitude”. Any fraud crime is also
considered a “moral turpitude” offense. In contrast, crimes like assault and
battery or DUI do not necessarily tend to show a tendency toward immorality. So
if you face charges for a crime of moral turpitude, it is best if your criminal defense lawyer in Orange
County can get the charge reduced or changed to an offense that is not
considered a crime of moral turpitude, such as disturbing the peace.

Although conviction for a theft crime is subject to
expungement, California expungement law is not very favorable for the
defendant. An expungement is NOT an eraser. When a theft conviction, or any
conviction is expunged, the defendant still must disclose the conviction when
applying for any professional license. Moreover, although a defendant need not
disclose it to most private employers, the offense is still on the defendant’s
record and an employer will find it in a background check.

If you are charged with a crime in Orange County call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
telephonic consultation with an experienced Orange County criminal defense
lawyer. Our main offices is at 32072 Camino Capistrano, 2^nd floor,
San Juan Capistrano, CA 92675. You can also visit us at www.ejesquire.com.