Criminal Law News

Nuclear Smuggler or Kidnapped Iranian Businessman?

WASHINGTON (AP) — Amir Sairafi was an Iranian trader doing business in Dubai, the free-wheeling Middle East commerce hub. When he flew to Germany to take his oral exams for his master’s degree, he ran into the U.S. crackdown on illicit trade with Iran.

The unusual U.S. criminal case against Sairafi has put a face on the international campaign to stop Iran from trying to build a nuclear bomb.

Sairafi was arrested and deported to the U.S., where he pleaded guilty to one count each of conspiracy, money laundering and violating the 1995 Iran trade embargo. He is now serving more than three years in a prison unit in Indiana where many of the other inmates have been convicted on terror-related charges.

U.S. officials hailed his arrest in January 2010 as a blow to Iran’s nuclear smuggling networks, which the West says has supplied critical equipment to that country’s nuclear programs. Just this week, a U.N. watchdog agency released a report that accused Iran of conducting research specific to the development of nuclear weapons.

The Washington-based Institute for Science and International Security, which tracks Iran’s nuclear programs, describes Sairafi as a core member of the smuggling networks and the kind of big fish rarely caught in the U.S. net.

Sairafi told The Associated Press in emails from prison that he has no connection to the Iran’s government or its military. Despite U.S. claims outside the courtroom, he said he was never accused of trading in nuclear-related technology.

He pleaded guilty in November 2010. In March, he was sentenced to 41 months in federal prison.

Sairafi contended that the U.S. has used his case to intimidate merchants in the Middle East from trading with Iran.

“I believe (the) U.S. wanted to test a new strategy to arrest a non-American citizen outside U.S. borders and bring him in their soil and impose their jurisdiction on him. The U.S. tried to … show that doing business with Iran has high suffering and is costly,” Sairafi wrote the AP.

His case offers a glimpse into how the Obama administration has cracked down on Iran’s nuclear efforts, using the embargo and sanctions in lieu of military action. It also shows the difficulty in piercing the elaborate veil of secrecy that the U.S. says Tehran weaves around its nuclear efforts.

Investigators must trace transactions through unwitting legitimate businesses, complicit middlemen and front companies that Iran’s Revolutionary Guard uses to evade the U.S. embargo and U.N. penalties, said Matthew Levitt, former deputy assistant secretary for intelligence and analysis at the Treasury Department.

It’s even harder to build a criminal case, Levitt said. Despite a sharp rise in the number of prosecutions and a “whole bunch” of cases under investigation, he said, “the number of cases is still relatively small in regards to the size of the problem.”

U.S. officials declined to explain why, in public statements, they accused Sairafi of helping supply Iran’s nuclear programs, but did not do so in court.

It can be difficult to show that exports were intended for weapons without cooperation from Iran.

The AP asked the FBI for evidence of claims on its website that Sairafi’s case involved “the procurement of U.S. export-controlled equipment intended for Iran’s nuclear weapons program.” Days later, the FBI deleted the material from its site and said older case summaries are sometimes removed to make room for new ones.

“These cases don’t come around that often,” said David Albright, president of the Institute for Science and International Security. “They don’t get a lot of them, they don’t rush into them, and when they get a guy they’re going to come down like a ton of bricks.”

German authorities detained Sairafi, 42, in January 2010 at the Frankfurt airport on his way to the University of Wurzburg, where he was enrolled for a master’s degree in business course.

After being held in Germany for just over eight months, Sairafi said, he was told he was returning to Iran. Instead, he was handed over to U.S. marshals, who flew him to Los Angeles to face trial. It was his first visit to the United States.

“I was kidnapped, and I feel I am a victim of political disputes between two countries,” Sairafi said. The indictment accused Sairafi of working for nearly five years with businessmen Jirair Avanessian in Los Angeles and Farhad Masoumian in Tehran, forwarding more than a dozen shipments worth tens of thousands of dollars’ from the U.S. to Iran. All were charged with falsifying shipping documents in order to hide the ultimate destination of the devices. Avanessian was sentenced to 18 months in federal prison in July. Masoumian remains at large.

Sairafi is one of 40 prisoners in the Communications Management Unit at the prison in Terre Haute, Indiana, where inmates are under 24-hour video and audio surveillance and their communications with the outside world are strictly limited so they can be monitored.

Others inmates include John Walker Lindh, who was captured on a battlefield in Afghanistan in 2001 and is serving 20 years, and Shukri Abu Baker, co-founder of the Holy Land Foundation, serving 65 years for providing millions in aid to schools and welfare programs run by the Palestinian militant group Hamas.

Sairafi denied any knowledge that the vacuum pumps and parts he shipped to Tehran were intended for Iran’s nuclear program. “Vacuum parts have a wide range of applications and I do not know what they were intended for.” He added: “It is not in me to do anything that will contribute to the disruption of world peace.”

Sairafi’s lawyer, Matthew David Kohn, said his client has been questioned in prison by the FBI about “nuclear matters,” which he said Sairafi knows nothing about. Kohn noted that a prosecutor admitted at sentencing she had no evidence he had knowingly shipped nuclear components.

“Is there evidence or even an argument that these vacuum pumps were related to nuclear, biological and chemical weapons or materials?” the judge asked, according to the hearing transcript. The prosecutor shook her head.

A retired International Atomic Energy Agency inspector, Olli Heinonen, said some of the equipment listed in the indictment would have been useful in research on advanced centrifuge design as well as laser uranium enrichment technology — a much faster and cheaper way to produce reactor or bomb-grade fuel than gas centrifuges.

Myrtle Beach Felony Crimes -Bomb Threats and Making False Statements

Myrtle Beach South Carolina takes bomb threats and making false statements about explosive devices seriously. Under South Carolina Code Statute 16-23-750, you could be charged with a Class D or E felony when such threat constitutes threatening to kill, injure or intimidate individuals or damage and destroy property by using or threatening to use an explosive device or incendiary device. In South Carolina, there is no statute of limitations for any felony offenses. You can be arrested and tried and convicted at any time during or after the incident has occurred. Terrorist threat charges and convictions can result in fines; jail time of not less than 1 year or more than 15 years as well as courts may order anger management and violence prevention classes for individuals convicted of such crimes.

Case Example:

Saturday night, November 12, 2011, police shut down and evacuated Wal-Mart’s in Horry County, including the Wal-Mart in Myrtle Beach when Horry County Police said a caller using a phone booth along 544, told a 911 operator that they had left a bomb in a Wal-Mart store that might go off at 9 p.m., but did not disclose the exact location. Since the threat involved all of the super centers located on the Grand Strand and neighboring Myrtle Beach area police evacuated both the Wal-Mart in Carolina Forest off highway 501 and the Wal-Mart on Seaboard St. in Myrtle Beach. Police reported that they did not find a bomb in either location.  It is not the first time that Wal-Mart has had bomb threats made against it. Police are continuing their investigation to find out who made such a prank call. Police consider this type of threat a high felony offense with serious consequences.

Attorney Assistance

If you are charged with making a bomb threat or giving false information about an explosive device, you are facing serious felony charges in South Carolina and require the assistance of an experienced criminal defense attorney. A South Carolina criminal defense attorney can help in presenting all the facts of your case. The attorney will also investigate whether your rights were violated during police interrogation, whether you were given your Miranda Rights, and whether the police conducted any illegal search and seizure during your arrest. The attorney may also be able to help get your charges reduced, dismissed, or obtain probation, community service or attending of anger management or violence prevention classes.

223 Arrested In”National Day of Johns Arrests”, An Effort To Stop Human Trafficking

In 2005, Illinois passed one of the nation’s strictest laws on human trafficking which  involve offenses of involuntary servitude, sexual servitude of a minor or forced labor of persons for services. Charges range from a Class 4 to a Class X felony if kidnapping or injury to the victim is involved. If convicted, you may face severe penalties of heavy fines, jail time, a permanent criminal record and possibility of having to register as a sex offender, as well as having to pay restitution to the victim for their forced labor. The Illinois laws protect the victims of human trafficking and prostitution by providing social services under both Federal and State programs and immigration assistance.

Also, in 2010, the Governor Pat Quinn signed into law the Illinois Safe Children Act which protects minors forced into sex and ensures that children are immune from criminal prosecution and instead are placed in the child protection system. Human trafficking crimes are also illegal under federal law, Title 18, Chapter 77 and the Mann Act 18 U.S.C.A. § 2421 [as amended 1986], making it a crime to transport a person over interstate lines or for foreign commerce for the purpose of prostitution or other immoral acts.

Prostitution, pimping, pandering and solicitation of prostitution are also illegal under the following Illinois laws listed below. You can be found guilty of crimes ranging from  Class A misdemeanor to a Class 4 felony which carry sentences Prostitution; pandering, pimping and solicitation charges carry sentences of up to 1 yr and/or $2,500 then 1-3 yrs and/or $25,000. Law enforcement may impound any vehicle used by the person in the commission of the offense.

720 ILCS 5 Sec. 11 14.1 solicitation of a sexual act is considered a Class B misdemeanor offense.

720 ILCS 5 Sec. 11 15 solicitation for a prostitute offense is considered a Class A misdemeanor.

720 ILCS 5 Sec. 11 16 pandering by compelling a person to become a prostitute and receiving compensation or arranging for the situation is a Class 4 felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

720 ILCS 5 Sec. 11 17 keeping a place of prostitution is a Class 4 felony.

720 ILCS 5 Sec. 11 18 patronizing a prostitute is a Class A misdemeanor.
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720 ILCS 5 Sec. 11 19 pimping by receiving any article of value from a prostitution earned in part from act of prostitution is a Class 4 Felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

Case Example

The Cook County Sheriff’s Office’s pilot program announced that their Columbus Day weekend joint eight law enforcement agency sweep of “Johns” called “National Day of Johns Arrests” resulted in sting activities and arrests on the streets, hotels, brothels, the Internet and other places which were concluded on Monday morning October 10, 2011. Among those agencies that participated were:

Cook County Sheriff Police Department (Illinois)
Aurora Police Department (Illinois)
Cincinnati Police Department (Ohio)
Elgin Police Department (Illinois)
Las Vegas Police Department (Nevada)
Los Angeles Police Department (California)
Phoenix Police Department (Arizona)
Newport News Police Department (Virginia)

There were a total of 247 charges with the arrest of 216 Johns, a total of 223 arrests, fines totaling $238,490, 71 vehicles that were towed, 2 pimp arrests, 8 drug arrests. The majority of arrests took place on the street and in hotels. A grant from Demand Abolition supports Illinois public awareness programs to deter offenders from participating in commercial prostitution and/or human trafficking by offering eligible defendants an opportunity to participate in the law enforcement agency’s pilot program “John Schools.” Other voluntary and involuntary programs are also offered to rehabilitate offenders.

Victims of prostitution and human trafficking are offered social services and safe housing to allow them to leave their lifestyle of prostitution.  The success of the law enforcement agency’s pilot program is expected to lead to future collaboration John sweeps across the nation in the fight of solicitation of sex and related crimes.  Next year, under Illinois Senate Bill 1037, sponsored by Senator Toi Hutchinson (D-Chicago Heights) and Rep Karen Yarbrough (D-Maywood), defendants of human trafficking at the time of their prostitution convictions will be able to file a motion to vacate the conviction if they can prove their participation was because they were a victim.

Criminal Defense Attorney

If you are arrested of a prostitution or human trafficking crime in Illinois, it is important to understand your rights. Since these are serious crimes, it is recommended that you hire an Illinois Criminal Defense attorney to defend you. The attorney understands that arrests for prostitution, pandering, solicitation and related human trafficking crimes many times involve entrapment, violation of privacy and are discriminatory resulting in false charges and individual rights being violated. Other factors to be considered are whether a human trafficking offense occurred as a result of fear or abuse. The attorney will defend your rights to try get your charges reduced, community service, a voluntary or mandatory John educational or other community program, probation or get your case dropped.

111 People Indicted In Nation’s Biggest Fraud Ring

Under New York Penal Code Laws (Sections 190.25,190.65 and 190.78 -190.86) you could be charged and convicted of criminal personal identity theft for knowingly impersonating or presenting yourself as one or more persons and/or using personal identifying information, including a credit card, with the intent of benefit and/or to injure, defraud or cause such person or persons financial loss. Depending on the amount of goods involved and the number of identify fraud victims, you could either be charged with identify theft of the third degree Class A misdemeanor  or higher (Penal Code Section 190.78,190.81-one or more persons defrauded), second degree Class E felony (Penal Code Section 190.79, 190.82-one or more persons defrauded in property in excess of $500) or  first degree class D felony (Penal Code Section 190.80,190.83-one or more persons defrauded of property in excess of $2,000). It is also a crime to be in possession of a skimmer device, and you could be charged with a second degree class A misdemeanor (Penal Code Section 190.85) or a first degree Class E felony (Penal Code Section 190.86) if you have been convicted within the last five years of identity theft.

You could also be charged with grand larceny of the fourth degree (Penal Code 155.30-Class E felony), grand larceny in the third degree (Penal Code Section 155.35-Class D felony), grand larceny in the second degree (Penal Code Section 155.40-Class C felony) or grand larceny in the first degree (Penal Code Section 155.42-Class B felony property value exceeds over $1,000,000).

Fines and Sentences:

In New York, you could face a minimum jail sentence of up one year for an identity theft conviction or up 7 years, and fines from $1,000 up to $5,000, and you may also be subject to restitution to the victim under Penal Code Section 60.27. A first degree Class B felony grand larceny conviction carries a sentence up to 25 years imprisonment and a fine up to $25,000.

Federal Crime

Credit card fraud and identity theft are also considered federal offenses under 18 U.S.C. Sections 1028 and 1029 when someone knowingly transfers or uses another person’s identification, including a credit card number, with the intent to commit an illegal act or defraud someone to obtain goods or services in excess of $1,000. You could face a fine and/or imprisonment up to 10 years.

Case Example:

New York police have indicted 111 people in the nation’s biggest and the most sophisticated identity theft credit card fraud ring case. “Operation Swiper” began almost two years ago with undercover police and wiretaps of a five group I.D. theft ring based in Ozone Park, Queens. Police reported that the groups sometimes worked together. As of Friday October 7, 2011, police had arrested 85 people and seized handguns, computer electronics and $650,000 in cash during the arrests after searching several homes. Accordingly to New York Police Commissioner, Raymond Kelly, the I.D. theft ring purchased expensive items such as Apple electronics, luxury handbags, shoes and other products with stolen credit card information and then sold it overseas.

The way the I.D. theft ring worked was they hired skimmers who were retail store or other service industry employees who swiped credit card information on a skimming machine in order to steal the information from unsuspecting restaurant patrons and other business customers, as well as bank employees who had information about high end customers. The information was then given to a team of manufacturers in Russia, Libya, Lebanon and China who put it on blank credit cards. These new cards were then used by these five main teams and their criminal shoppers to purchase electronics and luxury items totaling approximately $13 million.

Among those arrested were bank tellers, restaurant workers and other service employees who used the cards also to pay for their luxury shopping sprees and stays at 5 start hotels as well as travel in rented luxury cards and private jets. Communications seized by New York police were in Russian, Arabic, Farsi and other languages, which had to be translated into English. According to New York police, the investigation was primarily centered on an Apple case because thieves can easily sell Apples products overseas.

Hire a Criminal Defense Attorney

Identity theft, credit card fraud and related crimes are serious crimes in New York, and you should hire a New York criminal defense attorney to represent you. The attorney will aggressively defend you by reviewing eyewitness identification statements made against you and raising evidentiary issues at hearings in order to get your charges reduced, attempt to obtain community service, probation or get your case dismissed.

Dodgers Fan Sues Owner for $50 Million

California Penal Code Sections 240 and 241 define an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” You can be charged with assault even if there are no injuries to the victim. A simple assault under California Penal Code Sections 240-241 is considered a misdemeanor and carries a fine up to $1,000 and jail time up to six months. A simple battery is defined under California Penal Code Sections 242-243 as “any willful and unlawful use of force or violence upon another person.” It can be charged as either a misdemeanor or a felony with a jail sentence of up to 6 months and a fine up to $2,000.

A more serious crime of assault with a deadly weapon (not a firearm) under Penal Code Section 245 is considered a felony. You can be charged with this crime if the police believe you assaulted someone with the intent to commit bodily harm with a deadly weapon other than a firearm. If convicted, you can face up to four years in state prison and a fine up to $10,000. If you possess a firearm even if you did not use it to cause bodily harm, you can be charged with an assault with a firearm, which is also a felony. This also carries up to a four year state prison sentence and a fine up to $10,000 under California Penal Code Section 244. If the crime took place on a school ground, or the victim was a public transportation driver, or the crime was gang related, the sentencing can be elevated. If you are convicted of a felony assault, you also face a strike under the California three strikes law.

Case Example:

Documents filed on Friday September 9, 2011, by attorneys for the Los Angeles Dodger Stadium beating victim Bryan Stow in Los Angeles Superior Court estimating their client’s medical costs to be more than $50 million as a result of the beating of Stow at the Dodger Stadium parking lot after the home game victory against the San Francisco Giants on March 31, 2011. The lawsuit was filed by plaintiff Stow and his children against Dodger’s owner Frank McCourt and 13 team entities on May 24, 2011 alleging assault, battery, negligence, premises liability, negligent hiring, and intentional and negligent infliction of emotional distress. Police say that Stow was beaten because he was a Giant’s fan that had on Giant’s gear at the game. Two suspects who have been arrested and are in custody. Stow remains in a coma in a San Francisco hospital. The trial is estimated to take a week.

Defense attorneys have filed papers challenging some of the claims and requesting that the punitive damages be dismissed because the complaint does not state which 14 named defendants actions account for punitive damages. Other issues defense attorneys are challenging are the sale of alcohol at the stadium, cancellation of the half-off bear promotion after the beating, financial mismanagement by McCourt and alleged gang presence at the stadium. A hearing on the Dodger Team’s motions are set for September 30, 2011, before Judge Khan, who replaced Judge Recana as a result of the attorneys for the Dodgers request.

If you are charged with an assault and/or battery in California, you should not attempt to deal with the police directly. It is recommended that you hire a California criminal defense attorney to defend you immediately. The attorney can use defenses such as your charge does not fall within the three strikes law if you are charged with a felony assault, also argue self-defense or defense of others to get your charges reduced, obtain probation, community service or attendance of a drug or alcohol treatment program or get your case dismissed.

Manny Ramirez Released on $2,500 Bond after Domestic Battery Charge

Florida law defines domestic violence as an assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any criminal infliction of physical injury or death committed by a person to a family member including a spouse, former spouse, relative by blood or marriage or household member who currently lives or previously lived with the assailant. Convictions for domestic violence require a minimum county jail sentence of five days when intentional bodily harm is involved. Courts will waive the minimum five days in cases where the defendant is sentenced to a state prison and may give longer sentences, probation or community service as well. Victims who feel they are in imminent danger of domestic abuse can file for protection with the court by obtaining a restraining order which prohibits the retrained person from coming within 500 feet of them. Violations of restraining orders are considered a first degree misdemeanor. A conviction of an assault under Florida Statute 784.011 is considered a second degree misdemeanor. A conviction of a battery under Florida Statute 784.03 is considered a first degree misdemeanor. Penalties for domestic violence crimes include jail or prison time, fines, community service, probation, mandatory counseling and treatment.

Case Example:

On September 12, 2011, Manny Ramirez, a former outfielder for the Los Angeles Dodgers, was arrested at his Weston, Florida home after a domestic disturbance with his wife. According to the police report, Ramirez’s wife Juliana said they were arguing in the bedroom, and he slapped her face, which caused her to hit her head on the headboard of the bed. She said she called police because she was afraid the episode might escalate further. Police observed that Ramirez’s wife, Juliana, had a red swelling on her face and a small bruise on the back of her head, but she refused any kind of medical treatment. According to a deputy, Ramirez denied hitting her and said that when he grabbed her by her shoulders and shrugged her, she hit her head. Ramirez was taken into police custody. He retired from the Dodgers last April following a report that he had tested positive for taking performance enhanced drugs.

When Florida police are called to a domestic violence incident, they will arrest someone and take them to jail in most cases. The Florida State Attorney is also bound by law to try domestic violence cases aggressively. The prosecutor can prosecute even if the victim decides not to press charges. Since domestic violence and domestic abuse charges are considered serious crimes in Florida, it is recommended that you seek legal counsel immediately if you are arrested for these crimes. An experienced Florida criminal defense attorney can present your side of the incident prior to charges being filed to make sure that both sides are heard before the State Attorney makes a decision to file charges against you. The attorney will also be able to interview witnesses and review the police report. The attorney can argue such defenses as self-defense, defense of others or that the incident was an accident in order to get your charges reduced to a lesser crime, get you probation, attendance of a batter’s class or get the case dismissed.

Six Doctors Arrested in Pill Mill Crackdown

Florida has been called the pill mill capitol of the south because of its high rate of overdoses as a result of the record number of pill mills, which have been operating without restrictions in Florida. Florida law previously allowed doctors to prescribe and dispense painkillers at their offices. In fact, it had been reported that 49 out of 50 prescribers of Oxycodone were located in Florida, and 24 located in Broward County. Oxycodone was distributed under brand names Oxycontin, Percodan and Perocet. Drug addicts use these drugs by grinding then up, inhaling them or injecting them, causing a high rate of overdoses in Florida. As a result of this growing problem, the Florida legislature passed legislation, which was signed by Governor Rick Scott, who originally opposed it, and which was enacted into Florida law effective July 1, 2011. Recently, certain pain clinics in neighborhood strip malls across the state have been shut down and numerous arrests have been made.

The new law created a mandatory statewide prescription drug monitoring program (PDMP), which strictly regulates the conditions under which a pain clinic can be established in Florida, limits the amount of controlled substances that doctors can prescribe and provides a harsh penalty for doctors who violate this law with a minimum $10,000 minimum fines and six-month suspensions. It also restricts the advertisement of pain clinics. Doctors must now follow greater standards when prescribing narcotics by registering with the Department of Health. Doctors are banned from dispensing the most abused narcotics. The bill also strengthens oversight of pharmacies and wholesale distributors by speeding up the time in which data must be entered into the prescription drug database.

Penalties

Under Florida law, it is illegal for any person to knowingly or intentionally possess a listed chemical with the intent to manufacture a controlled substance unlawfully and possess or distribute a listed chemical knowing that it will be used to unlawfully manufacture a controlled substance. Any person who violates the law is guilty of a felony of the second degree with carries a potential prison term up to 15 years.

Drug trafficking is considered the most serious drug crime in Florida and is considered a first degree felony known as trafficking in illegal drugs, which carries a prison term up to 30 years to life depending on the amount of drugs involved and whether a death resulted. Drug trafficking is defined as knowingly selling, purchasing, manufacturing or delivering or bringing into the state or having possession of a controlled substance such morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, pursuant to Florida Statutes Section 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c) and punishable under statutes  Florida Statues 775.082, 775.083, or 775.084.

Case Example:

On September 1, 2011, three men and one woman were arrested in West Palm Beach, Florida by DEA agents in connection with a June 2011 raid on a Jensen Beach pharmacy, where records were seized, and which is part of an ongoing investigation involving Margate and Boca Raton police as well. State officials have suspended the Jensen Beach pharmacy’s distribution license and closed the pharmacy down. There has been a 42 count indictment filed on August 31, 2011, charging the defendants with conspiracy to distribute anabolic steroids, distribution of anabolic steroids, conspiracy to distribute Oxycodone, distribution of Oxycodone, conspiracy to distribute human growth hormone, distribution of human growth hormone and attempted importation of anabolic steroids.

Florida Criminal Defense Attorney

If you have been arrested for possession of a controlled substance or a drug trafficking offense in Florida, you should hire a Florida criminal defense attorney to defend you immediately, as these are considered very serious crimes. The attorney will investigate evidence, review statements that you made to the police and use other discovery methods whenever possible to make motions to get evidence suppressed, aggressively attempt to get your charges reduced, get the case dismissed arguing mistaken identity or illegal search and seizure or have your sentence reduced to probation or community service.

Lindsay Lohan’s Ex-Lover, Samantha Ronson, Arrested For A DUI

In California, you could be charged with a misdemeanor DUI under Vehicle Code Section 23152 or a DUI felony under Vehicle Code Section 23153 if you are driving under the influence and cause an accident and injure another person. For more serious crimes involving the death of another person while driving a vehicle under the influence, you should be charged with vehicular manslaughter under Vehicle Code Sections 191.5 and 192. California has very complex DUI penalties and takes DUI crimes quite seriously. Penalties are enhanced for prior driving convictions, when a minor child under 14 years of age is in the car at the time of the violation, when speeding occurs, when your BAC is over .08% or you refuse to take the chemical test.

Penalties

For a first offense DUI with a BAC over .08%, your driver’s license may be suspended for four months at the time of your arrest or up to one year if you refuse to take a chemical test. If you are under 21 years of age with a BAC of .01% or more, your license will be suspended automatically for one year. For a second offense DUI conviction, you could receive a one year suspension of your license and a two year suspension if you receive to take a chemical test. You could face jail sentences from 96 hours to three years and fines up to $1,600, and also be required to complete a driving under the influence program, and have to pay for the installation of an Ignition Interlock Device (IID) in your vehicle, as well as being required to obtain SR22 (California Proof of Insurance Certificate) car insurance.  A conviction of three or more DUI’s within 10 years and a BAC of .08% or more is considered a felony crime.

Example Case

Actress Lindsay Lohan’s ex-lover, Samantha Ronson, was arrested for a DUI on Monday August 1, 2011, around 10:30 a.m. in Baker, California.  Police officers stopped her for speeding because she was driving 19 miles over the posted speed limit of 70 miles per hour. Police suspected after she was pulled over that she was under the influence. She was given a balance test which revealed indications of intoxication. Police arrested Ronson after she refused a breathalyzer test.  It has been reported that at the police station she tested over the legal limit. Ronson did admit she had been drinking alcohol earlier, and claimed that she had been drinking late the previous evening and that she was on her way home from Las Vegas. She was released on Monday. Lohan has also been in the news the past couple year’s over her drug, alcohol and shoplifting cases.
If you are arrested in California for DUI, you should hire a California criminal defense attorney immediately. The attorney can investigate the police report to make sure the police had cause to stop you, and determine whether they have sufficient evidence to charge you. The attorney can argue that the search and seizure was illegal and try and get the case dismissed. Also, if the police failed to properly give you your Miranda rights, the attorney may be able to argue that your constitutional rights were violated and get the charges dropped. Another defense that the attorney may assert is that you were speeding. A skilled California criminal defense attorney may be able to get you probation or get you into a drug and alcohol counseling and treatment program in lieu of jail time.

Before The Occupy Wall Street Protests There Was Ocularpation.

Under Article 245.01 of the New York Penal Code, a person can be found guilty of the crime of indecent exposure if they appear in a public place and expose private or intimate body parts, including genitals, pubic area, buttocks or a women’s breast below the top of the areola, even if there is no violence or touching. Indecent exposure in New York is considered a misdemeanor sex crime. However, if there is any contact between the offender and another person, it could be considered sexual assault, which is a felony crime. If a minor is involved as a victim of indecent exposure, the punishment is harsher. Penal Code Section 130 defines sexual contact as “any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.”

Breastfeeding and performing nude in a play, theatre or entertainment venue are excluded under the law. Nudity in strip clubs in New York is not allowed where alcohol is served. Many strip clubs have “juice bars”, which permits their nude employees to be anywhere in the club. Each municipality is allowed to pass their own nudity laws regarding entertainment and the restriction of strip clubs. It is also illegal to display offensive sexual material in a public place under Penal Code Sections 245.10 and 245.11.

Penalties

For a Class A misdemeanor sex crime, you may be subject to a fine not to exceed $1,000 and/or jail time. If you are a repeat or habitual offender, your sentence will be increased. Punishments for repeat offenders and felony sexual assault convictions include jail time; fines, mandatory rehab, and you may be required to register as a sex offender on the National Sex Offenders Registry.

Case:

Three people were arrested on Monday August 1, 2011, after taking off their clothes in front of the New York Stock Exchange during an art performance project involving dozens of people. The three were taken to the 1st Precinct stationhouse in Tribeca and released with a summons. The performance was organized by artist Zefrey Throwell, who gathered 50 people as part of an art event entitled “Ocularpation”, where participants pretended to be traders, janitors and secretaries. Zefrey’s inspiration for the performance was his 65 year old mother who lost most of her retirement savings during the Wall Street crash and has now been forced to return to work. Zefrey defended his project as an educational project about transparency that he believes Wall Street needs.

Although an arrest for indecent exposure or public indecency is considered a lesser sex crime in New York, it still should be taken seriously. It is important to hire an experienced New York criminal defense attorney to represent you. The attorney can argue that you were falsely accused or possibly that your first amendment rights to freedom of speech were violated to get the case dismissed. If you have been convicted of previous sex crimes, the attorney may be able to arrange a plea bargain, get you reduced fines and possible avoidance of having to register as a sex offender.

Queens of the Stone Age Nick Oliveri Being Questioned on Domestic Violence

California Domestic Violence

Under California law, domestic violence incidents involve the corporate injury or trauma to a current spouse, former spouse, domestic partner, co-parent of a child, girlfriend, boyfriend, fiancée or someone you are dating by either striking the person violently or causing bruising or swelling. You could either be charged under California Penal Code Section 273.5 with a felony domestic violence or a misdemeanor battery under Penal Code Section 243(e)(1), if there is no visible sign of injuries. Penal Code Section 422 also considers threatening someone with the intent to commit harm against them as a crime as well. California police have the authority to arrest offenders who violate restraining orders under Penal Code 836. However, the district attorneys are not required to prosecute offenders. As a result, victims may be at a higher risk of experiencing repeat incidents of domestic violence by their ex-domestic partner, person they have had an intimidate experience or dating experience with.

Penalties and Fines

If you are convicted of domestic violence charges in California, you could face a minimum of 30 days in the county jail or mandatory attendance of a batter’s class for a first time misdemeanor, or one to four years in the state prison and a fine up to $6,000 or both for a felony domestic violence charge. Immigrants convicted of domestic violence will automatically be deported. Having a domestic violence charge on your record may prevent you from obtaining a job or a government college loan or other financial assistance.

Case Example

Nick Oliveri, the bassist and singer with Queens of the Stone Age, was arrested on Tuesday July 12, 2011, at his Hollywood, California home for domestic violence after a five hour standoff with the LAPD SWAT team. According to the police, Oliveri and his girlfriend got into an argument on Monday. Oliveri left the scene before police arrived and returned to his home on Tuesday. Police were afraid that he might have taken his girlfriend hostage, but she left the home around 8:30 p.m. on Tuesday evening. Oliveri was taken into police custody around 10:30 p.m. on Tuesday evening after LAPD knocked on his door. Investigators are checking into what went on at the house and whether Oliver was under the influence of narcotics.
California domestic violence/domestic battery charges are serious. If you are arrested for either, you should contact a California criminal defense attorney immediately to represent you. The attorney can argue defenses such as self-defense, defense of others or accident in order to get your charges reduced to a lesser crime, get you probation or attendance of a batter’s class or get the charges dismissed.