Bail Bondsperson
Chickie’s Bail Bonds (310) 545-4513
Bail Deviation/Commissioner
L.A. (213)351-5151
O.C. (714) 834-4793 6AM-3PM
(714) 647-4581 after 3PM
O.R. Release
L.A. (213) 974-5821
L.A. County jail
(213) 780-2600
Sybil Brand
(213) 267-2611
A Nuts and Bolts Primer
As a Civil Litigator, you may find yourself in the position of assisting a former or new client in handling what initially appears to be a relatively simple criminal matter. This “nuts and bolts” primer will give you a roadmap through some of the Criminal Justice System pitfalls you may encounter on your trip and alert you when you need the assistance of an experienced criminal attorney.
That Midnight Phone call
The surprise “midnight phone call” from a client who’s just been arrested is not an uncommon occurrence. When this happens (and it will…) you need to know the quickest way to handle your client’s release. That is going to be through the assistance of a bail bonds person. What if you client is unable to post a bond? Try to have their bail reduced by a bail commissioner, if not, you’ll have to prepare for the first court appearance called “the arraignment”. At the arraignment, a bail hearing can be made to try to successfully have your client released.
In our premiere issue of the Wolf Report (Fall 1990), we strongly advocated the implementation of a provision to the then new “Stop and Snatch” Law, whereby first offenders would still be allowed to drive to and from work. At that time, no provisions were made permitting first time offenders to continue to drive in the course of their employment.
Those provisions that we advocated have now been enacted. First time drunk driving offenders who have had their license revoked by the DMV for four months may now apply for and receive a restricted drivers license from the Department of Motor Vehicles. Upon proof of insurance, payment of a $100 fee and enrollment in a first offender program, that first time offender may now obtain a restricted driver’s license which permits them to drive to and from and during their course of employment as well as their alcohol program.
Other dui law defenses continue to be developed on a daily basis.
Here are current phone numbers to call should you suspect insurance fraud or abuse:
National Insurance Crime Bureau Hotline
(800) TEL-NICB
California State Department of Insurance Consumer Hotline
(800) 927-HELP
State Fund Fraud Hotline, for workers’ compensation fraud
(800) 683-7283
A new California law targets repeat drunk drivers by requiring installation of an ignition interlock device in their automobiles. This breath analyzer system prevents drivers who have consumed any alcohol from starting their vehicles.
The law, effective July 1, 1993, requires drivers with one or more prior convictions to use the device for up to three years. An estimated 65,000 people yearly will be subject to the law, according to the State Dept. of Motor Vehicles. The cost of leasing the device and enrolling in a required course, called the Ignition Interlock Responsible Driver Program, is $600 to $700 per year.
A difficult to master pre-set code prevents others from starting the car for the driver. And a “rolling restart” feature requires motorists to pull over and re-take the test, preventing alcohol intake on the road.
Studies show that repeat offenses by convicted drivers can be reduced by up to 65% from use of the ignition detection system. About 20 states now use similar devices.
The program could be used as a creative sentencing alternative when jail time is mandated. Possibly, sentences could be reduced by employing the device, especially for aggravated first time offenders.
Call us for individualized creative sentencing alternative proposals.
Lawyers who take advantage of the media’s many advertising methods have recently come under fire. It’s been argued that advertising on radio, and especially television, places the profession in an unsavory light.
But used properly, media advertising can be valuable to criminal defense attorneys trying to make themselves available to a wide audience and to potential clients.
I spoke with Jeffrey Berns of Berns & Ghiglia in Canoga Park about their extensive advertising campaigns, their advertising philosophy and their results. For every fifty inquiries Berns & Ghiglia receive from a radio ad, one is secured as a client; yet, during the free consultation, the other 49 callers often receive valuable guidance as they are apprised of their rights.
Berns & Ghiglia and my firm have found radio advertising to be more cost effective than television since it has fewer production requirements. Radio also has proven to reach our target audience in their homes, offices and – perfect for Southern California – their cars.
Police who operate insurance fraud stings search for specific signs when attempting to ensnare criminal defense attorneys and other professionals. Additionally, staged accidents do not appear criminal in any way. Attorneys who miss the less obvious signs may imperil their profession and practice.
The following signs are considered as red flags by police investigators and will trigger further investigation by them. If you encounter these signs, consider the case carefully. You may want to report your suspicions to an insurance fraud hotline after consulting with legal counsel. (See “Insurance Fraud Hotlines,” on the other side)
Don’t become a victim of a staged accident or the target of a police sting!
A recent story in the LA Times details a story about two Marines stationed at Camp Pendleton who will be arraigned on Friday, July 25th on charges of murder. Authorities believe that the two men shot a fellow Marine over stolen drug money.
Lance Cpl. Christian Carney, 21 of Manorville and Pvt. Alvin Lovely, 20 of Dallas are accused of killing Pvt. Stephen Serrano, 20 of El Dorado, Calif., on May 13 because they believed he had stolen money they had made while selling cocaine and ecstasy during their time at Camp Pendleton.
A third, unnamed marine, was taken to a secluded area of San Clemente, CA by Carney and Lovely and forced to divulge the identity of the thief who had stolen the money. Fearing for his life, the unidentified Marine named Serrano. Serrano was then taken out to the same secluded location and shot 4 times, his body was found 2 days later by a biker.
As always, it is of the utmost importance to remember that all of those accused of crimes in this country are presumed innocent until proven guilty. If the facts of this case, however, turn out to be accurate, this is a truly tragic story. What makes it even more shocking and regrettable is the fact that Marines are involved.
Attorneys have become the targets of police stings as the result of law enforcement’s crack down on insurance fraud.
Law enforcement is reacting to an outcry of employers and citizens who have been hit in the pocketbook by insurance fraud.
California law now broadly defines fraudulent activity, expanding an attorney’s vulnerability to prosecution. Since the law’s enactment, extensive funds to combat fraud have now become available. The result is that Los Angeles criminal defense attorneys are under siege.
“We’ve stepped up siege and fraud investigation considerably,” reports Denis Zine, Traffic Enforcement Supervisor with the Los Angeles Police Department. “Our investigations are starting to target teams of lawyers, doctors and front men who operate fraud mills. Unfortunately, there is no way for lawyers to spot signs of a sting operation.”
Did you know that there are news ways to get a drivers license reinstated?
Not everybody who is convicted of drunk driving in California is a hopeless case. Sometimes there are special circumstances as well as successful rehabilitation.
Normally a person who receives a second conviction for drunk driving will lose their drivers license for one year. However, there is a procedure, unknown and unused, that can result in reinstating their driver’s license after only six months.
(Please feel free to call us for specifics.)