Archives : Lindsay Lohan
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.
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.
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.
Lindsay Lohan’s Estranged Father Michael Lohan, Pleads Not Guilty to Misdemeanour Domestic Violence Charges
You could be charged with felony domestic violence under California Penal Code 273.5 if you cause corporal injury or trauma to a former spouse, current spouse, fiancée, girlfriend or someone you are dating or the parent of your child by striking the person violently or causing a bruise or swelling, or you could be charged with a misdemeanor battery under Penal Code Section 243(e)(1) if there is no sign of visible injuries. Threatening someone with committing harm to them is also a crime in California under Penal Code Section 422.
Penalties and Fines
You could face a minimum 30 days jail time for a first time misdemeanor domestic battery conviction and mandatory attendance of a 52-week batter’s class. For a domestic violence felony conviction under Penal Code 273.5, you could face up to one year in county jail or two to four years in state prison, or a fine up to $6,000 or both. If you are an immigrant and are convicted of domestic violence, you will be deported. A domestic violence conviction stays on your record, and you could be denied employment, a state license or other benefits such as federal college Pell grants and other assistance.
Michael Lohan, actress Lindsay Lohan’s estranged father, plead not guilty in Beverly Hills court on May 23, 2011, to misdemeanor domestic violence charges against his ex-fiancée and girlfriend Kate Majors for allegedly holding her against her will and not allowing her to call police. He was arrested on March 21, 2011 and charged with false imprisonment, preventing the report of victimization and inflicting corporate injury on a co-habitant. He faces up to one year in prison if convicted. Bail was set at $200,000. Majors filed a police report with the Los Angeles County Sheriff’s Department after an argument that occurred between the couple turned physical. Majors also claimed that Lohan became physically violent towards her during the filming of Celebrity Rehab at the time she visited Lohan at the Pasadena Therapy Centre to take part in a therapy session with Lohan. Lohan has a history of arrests in New York regarding harassment charges filed by former girlfriends.
If you are arrested for domestic violence or domestic battery in California, you should contact a California criminal law attorney to defend you. The attorney may be able to argue self-defense, defense of others or accident to get felony charges reduced to a misdemeanour with probation or attendance of a batter’s class or gets the case dismissed.
Under California Penal Code Section 487, grand theft is defined as “the unlawful taking of another’s property” valued above $950. Property valued under $950.00 is considered a petty theft under Penal Code 484. California grand theft can be carried out by larceny (taking of another’s property) which occurs most often in shoplifting cases, embezzlement (unlawful taking of something entrusted to you), which occurs most often in an employment situation, tricking or deceiving someone to turn over their property without ownership rights or making false representations to defraud someone out of either the possession of their property or their ownership of the property. A California grand conviction theft carries up to three years in a California state prison. A petty theft conviction carries a fine up to $1,000 or up to six month’s jail time in a county jail or both.
Actress Lindsay Lohan was charged with felony grand theft on Wednesday February 9, 2011 for allegedly stealing a $2,500 necklace from a Venice jewelry store on January 22, 2011. Surveillance video at the jewelry store showed her wearing the necklace while at the store, and photos taken a week later show her wearing a similar necklace. The necklace was returned to a police station before investigators arrived to search her home in Venice, CA. If found guilty, should could face up to three years in state prison and in violation of her current probation terms. She was recently released from three months of mandatory rehab treatment because she had failed a drug test while on probation for her 2007 drug and alcohol DUI conviction.
Lohan plead not guilty to felony grand theft charges through her attorney Shawn Chapman Holley. Lohan claims the necklace was on loan to her. Judge Schwartz set bail at $40,000. He told Lohan that it appeared she had violated her 2007 DUI probation, and warned her that if she violated the law while out on bail, he would have her arrested and held. Judge Schwartz also ordered Lohan not to have any contact with the jewelry store that reported the missing necklace after someone had sent flowers to the store on behalf of Lohan. On March 10, 2011, Lohan turned down a plea agreement offered by Los Angeles prosecutors that would have meant a guaranteed jail sentence. She will return to court in April 2011 for a preliminary hearing.
If you have been arrested for a felony grand theft/shop lifting or petty theft in California, you should hire a California criminal defense attorney. A conviction is generally based upon the store’s video camera evidence. The attorney may be able to get the charges reduced to a misdemeanor petty theft, trespass, an infraction or get the case dismissed for lack of evidence or witnesses, or get you probation or community service.
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