Authorities agreed to remove one charge of obstructing a police officer in the deal. In return, Lohan made a no contest plea to one count of reckless driving and another of lying to police investigators regarding a June accident along the Pacific Coast Highway. Police officials were attempting to question the actress because she had allegedly been involved in the accident.
]]> Adding to the actress's legal troubles, this incident also apparently put her in violation of the 2011 probation she had been granted in another case. That incident involved charges that the actress removed a necklace from a jeweler's establishment without paying for it, and without permission. In the more recent case, the actress was given a sentence of 180 days in jail for violating her probation; but she can avoid jail time by successfully navigating the terms of the plea agreement.This includes the 90-day stint in rehab, along with performing 30 days of community service, going through psychological therapy for 18 months and paying fines and restitution. Should she complete these requirements, the new misdemeanor charge should not net her any actual time in jail. Negotiating a more favorable arrangement such as this one is one reason that certain accused individuals sometimes decide to pursue plea bargains with California prosecutors.
Source: fresnobee.com, "Lohan due back in court on misdemeanor charges," Anthony McCartney, March 18, 2013
]]>Recently, a man and a woman were arrested on suspicion of drug and theft charges after an unidentified citizen made a call to the police. That citizen reportedly noticed a woman throwing things out of a vehicle's trunk, which prompted the call to authorities. When California police officials arrived upon the scene, they approached the parked car which was still at the side of the road.
]]> According to police, a man inside the car claimed that their vehicle had run out of fuel. Authorities apparently saw various implements used for irrigation, along with several pipes containing what they believed to be methamphetamine. The man claimed that they had found the irrigation equipment on the side of the road, but deputies suspected the items had been stolen.Both the man and woman were accused of theft and drug charges, and the man was also charged with committing a felony while free on bail. It may seem like a difficult process to go through, but all accused individuals are guaranteed certain rights under California law. One of these most important rights is the presumption of innocence. Prosecutors must prove a person's guilt beyond a reasonable doubt, something that is not always possible for them to do.
Source: Fresno Bee, "Kerman pair held on theft, drug charges in Madera County," March 12, 2013
]]>The former wife of famed wrestling star Hulk Hogan is back in the news, this time facing charges of drunk driving. The drunk driving allegations came after California authorities pulled Linda Hogan over for apparently speeding. This happened back in October, and officials later reported her blood-alcohol content at the time tested at .084. This would put Hogan at just over the legal limit for driving in the state of California.
Hogan maintains her innocence, stating through a representative that a single glass of wine ingested that evening was exacerbated by drinking on an empty stomach. Her representative further claimed that antibiotics the woman was taking at the time may also have affected the level at which the alcohol affected her. Hogan recently pleaded not guilty at a court appearance.
]]>Officials leveled two counts of DUI charges against the woman. She could be sentenced to as much as 18 months of incarceration in the event of a conviction. Reports indicate that Hogan is set for another court appearance toward the end of March.
Being accused of drunk driving in California is rarely an easy experience for individuals to deal with. However, the American justice system provides all accused individuals the right to be presumed innocent while their trial process proceeds. This means that only when prosecutors manage to prove a person guilty beyond a reasonable doubt based upon evidence presented in court can an individual be found guilty. This high burden is not always met, which means that some accused individuals are able to successfully defend themselves against such charges and resume their normal lives.
Source: Examiner.com, "Linda Hogan claims she was not drunk - Richmond Celebrity," Amy Wood, Feb. 28, 2013
]]>One California man recently made the decision to plead guilty to the serious charges he was facing from federal prosecutors. The charges stemmed from an alleged investment plan that the man initiated which investigators claimed was actually fraudulent in nature. According to officials, the $49 million fraud scheme ultimately led to individuals who invested in the plan losing at least $31 million.
]]> Investigators reported that the investment scheme began back in 2005 and continued until the plan collapsed in March 2011. The man allegedly told investors that his day-trading efforts would bring them a significant amount of profits and that it was a safe way for them to invest their money. Instead, prosecutors alleged that the man paid many of his own family expenses with the money that he got from investors. In addition, he reportedly spent investor money on gambling and engaging in bad trading practices.In this California man's case, he decided that the circumstances warranted reaching a plea agreement with prosecutors. As part of the deal, he will need to give up his mansion jewelry and luxury car. He could face up to 23 years in prison at the time of his sentencing in relation to these serious criminal charges. However, in some situations, negotiating a deal with prosecutors can help accused individuals receive the most favorable outcome possible given a certain set of factors.
Source: Fresno Bee, "SoCal man pleads guilty in $49M fraud scheme," Feb. 25, 2013
]]>The first police raid came on Sept. 29, 2011 when authorities removed the children from the home. Both parents were charged with felony marijuana possession in addition to possession with intent to sell stemming from the 38 cannabis plants found in a garden on their property. These criminal allegations came despite the fact that both had valid documentation indicating their right to use medical marijuana. Child endangerment charges were also added because children were present in the same home where children were living and because the mother had reportedly been breastfeeding while consuming marijuana.
]]> The couple did manage to get their children back and moved from one California county to another, but their legal nightmare did not end there. Instead, authorities raided their new home on Jan. 22, 2013. Once again, they were arrested and their children were transferred into foster care. Ironically, authorities seemed to coordinate the second raid a mere day before a court was scheduled to negotiate the terms for the woman's release from the first set of charges.Now, this couple who has the medical authorization to consume medical marijuana must continue to fight for not just their freedom, but for their family. Other California residents who find themselves facing similar types of charges may wish to research their own options for protecting their own rights. Those who have valid documentation to use medical marijuana to treat their ailments should not have to fear doing so, but may need to vigorously defend their rights under the law.
Source: Salem-News.Com, "Medical Marijuana Patient Daisy Bram to be Arraigned Feb 20 in Tehama County," Feb. 19, 2013
]]>The Highway Patrol Officer reported that there are often departmental guidelines that suggest an appropriate amount above the speed limit that should govern whether someone is pulled over for speeding. However, this amount can vary depending upon the specific police department. Officer discretion also often plays a role in whether a driver gets pulled over for exceeding the speed limit.
]]> He further stated that the particular type of roadway that a person is driving on can also factor into whether they are pulled over for speeding. This means that an officer might decide to pull someone over for a smaller amount over the speed limit on a residential street than they might for a busier and higher-speed freeway. The police official also recommended that people not assume that there is a set threshold of five or 10 mph over the speed limit at which police officers will not ticket people for speeding.While in some situations driving only 5 miles above the speed limit will not result in a speeding ticket citation, in others it could result in a ticket. Since there's no way to tell whether a specific police officer will pull someone over for five mph above the speed limit versus 10 mph, it is likely safer to operate under the assumption that any amount over the speed limit could lead to a traffic violation charge. California residents who find themselves facing a speeding ticket may wish to research what options they have for fighting against the citations if they feel that they were ticketed unfairly.
Source: pe.com, "TRAFFIC COLUMN," Rick Davis, Feb. 9, 2013
]]>Police officials conducted the sobriety checkpoint late one Friday evening and ended the operation in the early hours of Saturday morning. One report indicates that 999 vehicles went through the checkpoint while police officials were engaged in the screening process. The 52-year-old man who was arrested for suspected DUI was reportedly the only person who authorities arrested on that particular charge.
]]> California police authorities indicate that they arrested him after he unsuccessfully attempted a field sobriety test. By later in the day on Saturday, the accused individual was still being held in jail on a $2,500 bail amount. There was no immediate word on whether the man might have submitted to a blood-alcohol test.Blood-alcohol tests often prove important in criminal cases where individuals are accused of driving under the influence. The legality of any such testing can be a key component in the criminal defense an accused person who chooses to fight the charges mounts. Each defendant has the right to choose to prepare such a criminal defense or, alternatively, can seek to reach some sort of plea agreement with prosecutors. The decision whether to fight the charges or negotiate with authorities must be decided on a case-by-case basis depending upon the specific facts at hand.
Source: Murrieta, CA Patch, "Murrieta Man Arrested at Lake Elsinore DUI Checkpoint," Feb. 2, 2013
]]>Police officials reportedly executed several search warrants at five separate residences in Vallejo, along with one residence in Napa. During this narcotics sweep, authorities were evidently able to recover an amount of drugs estimated to be worth thousands of dollars along with a significant amount of cash that they believe is the direct result of drug crimes. Reports indicate that before they actually began to carry out the search warrants, law enforcement representatives apprehended one of the men via a traffic stop.
]]> During the search of one of the residences, authorities claimed to have uncovered an amount of methamphetamine valued at $17,000 along with over $23,000 in cash. They further reported that they uncovered what they believed to be more methamphetamine and further evidence of drug crimes at the other five locations that they searched. In the wake of the investigation, these individuals are now facing charges that range from suspicion of conspiracy to possession of methamphetamine and possession of drug paraphernalia, among others.Being accused of drug crimes like these can come with consequences in the state of California. Potential penalties for a conviction on such charges can lead to significant jail time, along with financial punishments being imposed. This is one reason why it can be important for defendants facing this type of allegation to ensure that they have a full understanding of everything that could affect their specific cases.
Source: The Reporter, "Four nabbed on drug charges," Catherine Bowen, Jan. 29, 2013
]]>One California man recently became involved in a burglary investigation after police officials responded to a report of a home break-in. Once officials arrived at the home, they allegedly discovered a man wearing only socks and a trench coat. When authorities questioned the man, he reportedly told them that he had entered the property in order to use the sauna.
]]> He further revealed that he had done the same thing in the past and was under the impression that the house was currently vacant. According to the authorities, however, the home owner disputed this claim by saying that he came upon the alleged burglar rifling through his kitchen cabinets. At that point, the homeowner apparently chased the man out of the house and then tackled him in the driveway.Sheriff's deputies from Calaveras County, California arrested the man for suspected burglary after they found him and the homeowner struggling in the driveway. Due to the potential consequences that a burglary conviction could bring, defendants in cases like this often decide to research the charges and potential evidence against them. This can help in making the decision whether to fight the charges or attempt to reach some sort of plea deal with prosecutors in their cases.
Source: USA Today, "Calif. burglar arrested after using sauna," Jan. 18, 2013
]]>Authorities reportedly came across the man attempting to sell two bear cubs that he said were the offspring of a mother bear that he had shot in self-defense when she charged him on his property. The California Department of Fish and Game apparently do not believe the man's claims, however, because officials have since leveled criminal charges against the man. While self-defense is allowed to mitigate the stiff penalties that can be assessed for bear poaching, prosecutors appear set to proceed with the case against this man.
]]> One potential complication with this man's criminal defense is the fact that he has apparently given two separate stories to authorities. Initially, he reportedly claimed that he killed the cubs' mother in self-defense. Later, though, he allegedly said that the mother bear ran off after he shot her in self-defense. While the two separate versions could be problematic in court, the fact of the matter is that the mother bear's body was never recovered, which could potentially help bolster that version of events.The fact that nobody was ever found could further help the man's criminal defense, since it's hard to prove a crime without important physical evidence. Other California residents who find themselves facing criminal charges may initially find the prospect challenging, but all defendants are guaranteed the presumption of innocence. Only if prosecutors are able to prove a person's guilt beyond a reasonable doubt in a court of law can a person be convicted of a crime. It remains to be seen how this man's case will play out at trial, but he deserves the same presumption of innocence as any other individual accused of committing a crime in our state..
Source: Los Angeles Times, "Northern California man charged with killing mother of bear cubs," Jan. 15, 2013
]]>The "Avoid the 100" anti-DUI campaign was named in reference to the fact that 100 law enforcement agencies across the county took part in the initiative. It occurred during the period of time from Dec. 14 through Jan. 1, 2012 and represented a widespread effort on the part of authorities to deter driving while intoxicated. This year's campaign actually saw a decrease in arrests compared to the same campaign that was conducted over 17 days the previous year. The previous number of arrests was 2,433, nearly 300 more than arrested in the latest initiative
]]> The people who were recently arrested for alleged drunk driving could soon find themselves facing official charges filed by California prosecutors. Defendants in such circumstances have the right to choose whether to fight the charges made against them or attempt to negotiate a plea agreement with officials. Those who choose to fight the criminal allegations typically need to ensure that they have a true understanding of both the charges made against them and any penalties that they could face if convicted.California residents who find themselves accused of driving while impaired, whether as part of the holiday anti-DUI campaign or under normal circumstances, enjoy the right to be considered innocent until and only if government officials can present enough evidence to prove them guilty beyond a reasonable doubt. This is often a high burden of proof to reach because, quite simply, not every person who is charged with a crime has actually committed it. While it is admirable that Los Angeles County officials are determined to aggressively prosecute drunk driving cases, it is important to remember that each defendant's case should be considered on an individual basis.
Source: Montrose-La Crescenta, CA Patch, "Beefed Up DUI Enforcement Yields 2,168 Arrests," Nicole Charky, Jan. 6, 2013
]]>The prior law had been enacted eight years previously to conform to requirements in federal guidelines. The new policy went into effect Jan. 1, 2013. An additional provision of the new rule holds that truck drivers will not have point penalties imposed for the relevant violations. On the other hand, their insurance companies will still receive notice of the specific traffic violations.
]]> Those who supported the law pointed out that it would remove burdens from truck drivers who happen to get a traffic ticket while driving a personal vehicle rather than operating a commercial truck or van. This is true because previously they might become unemployable due to having a point assessed against them for a driving infraction that occurred outside the scope of an actual job. Others in California apparently supported the change because it streamlines the way that noncommercial vehicle violations are treated across-the-board whether the motorist who commits a violation has a normal or a commercial driver's license.California drivers who find themselves faced with traffic violations that are minor in nature may wish to research whether they could attend traffic school in order to have minor traffic violations removed from their records. While this may not be an option in every situation, for some it could be a great asset in helping to maintain their employability. Even those who are not truck drivers may wish to discover whether attending traffic school might be an option to help obtain a more favorable outcome in their own traffic violation cases.
Source: Land Line Magazine, "California to offer traffic school, simplify proof of insurance," Keith Goble, Dec. 27, 2012
]]>The woman who was the last of the individuals still facing charges recently entered a no contest plea to a count of receiving a stolen jacket of Paris Hilton's. She had initially been charged with an additional count of receiving stolen property, along with felony residential burglary and conspiracy to commit burglary charges. California officials dropped those other charges in order to obtain the woman's plea to the remaining charge.
]]> The series of burglaries that the woman had initially been accused of committing were reportedly carried out at the homes of celebrities that included Orlando Bloom, Lindsay Lohan, Brian Austin Green and Megan Fox. Authorities alleged that over $3 million worth of items were stolen from the stars. The stolen property included jewelry, art and clothing.Reports indicate that the woman who is pleading guilty to receiving stolen property will likely be sentenced in early February to three years of supervised probation along with 60 days of community service. Considering the more serious burglary and conspiracy charges that she initially faced, this can be considered a positive outcome for this particular individual. Sometimes, those facing potentially serious consequences choose to pursue a plea agreement with prosecutors in order to avoid the stiffer penalties that could come with a possible conviction.
Source: Fresno Bee, "Final celebrity burglary defendant enters plea," Anthony McCartney, Dec. 14, 2012
]]>Police then arrested the men, who had already been taken into custody earlier in the day, and booked them on the drug charges of being under the influence of a controlled substance and possession of drug paraphernalia. The investigation was conducted as a joint effort by members of several California law enforcement and other agencies. Authorities seized the items of evidence and were said to be planning to send them on to the California Department of Justice for further analysis.
]]> The 32-year-old man's bail was set at $3,000 while the bail for the 27-year-old-man was set at $2,000. At last report, both were still in police custody. While it may be tempting for community members to rush to judgment in this case, they should remember that every criminal defendant is granted the same presumption of innocence in the American justice system.The reason that prosecutors have such a high burden of proof to overcome is because charges are sometimes filed against people who have not actually committed any criminal wrongdoing. Defendants like the two men who are facing these drug charges have every right to challenge the evidence presented against them, but the burden is solely upon the government to actually prove the allegations beyond a reasonable doubt. Should authorities fail to do so, criminal defendants cannot be convicted of a crime and are able to move on with their lives.
Source: Lake County News, "Two men arrested on drug charges; meth manufacturing items found," Dec. 19, 2012
]]>The criminal allegations made against the man include possession of child pornography, possession of illegal weapons crimes and several other charges. Authorities have charged him with 13 felony counts and one misdemeanor crime stemming from an apparent collection of drugs, guns, explosives and driver's licenses. They also claim that the man possessed child pornography, although those allegations apparently came about at a later date than the original charges.
]]> As far as the child pornography charges go, authorities accused him of two felony counts of possession, one felony count of using a computer without authorization and a misdemeanor crime of annoying a child under the age of 18. That last charge apparently relates to an accusation that the man photographed a girl's fully clothed crotch while present in the classroom where his wife teaches. The ex-California Highway Patrol officer is now scheduled to stand trial for these criminal charges on Jan. 8.While it's true that facing such serious criminal offense allegations would be difficult for any individual, there's little doubt that such a situation can be even tougher for a person who formerly dedicated his life to law enforcement. Criminal defendants who find themselves facing similar charges, but have less knowledge of how the American justice system works than a former police officer, may wish to consult with a legal counsel who is experienced in practicing this area of the law. It is important for such defendants to ensure that they understand the potential penalties for the charges they face along with all legal options as they move forward.
Source: The Redding Record Searchlight, "UPDATED: Trial date confirmed for ex-CHP officer charged with child porn and illegal weapon possession," Dec. 10, 2012
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