California Criminal Defense Attorney Blog

A former Anaheim police officer who has had three DUI convictions was recently sentenced to ten (10) months in county jail by a judge in Orange County's West Court located in Westminster Orange County. The former law enforcement official, Kevin Noel Schlueter, was also sentenced to five years of probation and is required to serve six months in a residential drug treatment facility as well. According to the prosecutors from the Orange County District Attorneys office the defendant under the influence of a cocktail of prescription drugs when he nearly crashed into a CHP cruiser in March of 2009, and smashed through a fence January of 2010 and crashed into parked cars in March of 2002. The drugs involved were hydrocodone, hydromorphone and carisoprodol.

Orange County DUI attorneys of Criminal Defense Team, have successfully handled many similar cases for our clients in Westminster court and other local courts. Our DUI attorneys know that in order to receive a favorable sentence the court and the DA must be presented with evidence about such topics as : defendants background, his/her efforts to quite the drugs/alcohol involved, defendants openness to treatment, etc.

We have also handled many cases in which our client has been accused of violation of Vehicle Code Section 23153, commonly referred to as DUI with injury. Many times if the injuries are serious, prosecutors can allege GBI enhancements as well. Whats important is that the DUI with injury attorneys try to establish that although the facts may be there for a simple DUI the prosecutors cannot establish violation of a separate statute which is required for DUI with injury conviction.

Call our office at 888-529-2188 for a free consult or learn more about what our Orange County DUI lawyers, and Newport Beach DUI attorneys can do for you.

According to the Orange County Register, Costa Mesa Police Department in Orange County arrested five people on suspicion of drunken driving a violation of Vehicle Code Section 23152, and issued eight citations during checkpoint stops. Orange County DUI attorneys of our office are quite familiar with cases involving checkpoints. The checkpoint in question was funded by a grant from the California office of the Traffic Safety, through National Highway Traffic Administration. The U.S. Supreme Court has previously ruled that DUI (sobriety) checkpoints are legal and not a violation of the drivers’ Fourth Amendment protections. In its ruling the Court acknowledged that DUI roadblocks violate a fundamental constitutional right; however, the court reasoned that they were justified because the state’s interest in reducing drunk driving and preventing death or injury was outweighed the individual’s right. An experienced Riverside DUI attorney can still help those accused of violating the law by making sure that there compliance with not only 4th amendment rights, but also with rules related to the testing of blood, urine or breath and DMV proceedings.

According to Courthouse News Service the lawyer who advised a Honduran immigrant to plead guilty to drug distribution charges failed to provide him with an adequate defense in violation of the Sixth Amendment, because he did not advise his client of the fact that the plea could result in his deportation. the Supreme Court ruled. 
The Supreme Court in a 7-2 to vote held that Jose Padilla who had plead guilty to possession of drugs for distribution and sales should have been advised by his counsel that his plea will subject him to immediate deportation. Orange County drug sales attorneys know that many drug charges especially those related to sales and trafficking can trigger deportation and loss of legal status for aliens. This consequence can become a reality even if the defendant does not have any prior record or has been in the country for a very long time. That is why our Riverside drug transportation attorneys look for every alternative and consider the defendant’s entire range of choices before we make a recommendation about a plea. It should be noted that according to recent cases even simple possession charges can result in deportation proceedings if the defendant is considered a recidivist. Our Newport Beach drug possession and Newport Beach drug sales attorneys can offer creative pleas, which may save the accused his or her legal status in the United States.

Riverside drug possession attorneys were glad to hear that the U.S. Supreme Court on Wednesday March 31, 2010, considered whether a longtime legal permanent resident can be deported to his native country after pleading guilty to two minor drug offenses, i.e possession of less than two ounces of marijuana and possession of one prescription Xanax pill. 
   The government argued that the second conviction although for mere possession of a controlled substance, was an “aggravated felony” because the defendant Jose Angel Carachuri-Rosendo could have been charged with recidivist drug possession a crime that is punishable as a felony under the Controlled Substance Act (CSA.)     

According to an article by Courthouse News Service the Immigration and Nationality Act defines an aggravated felony to include any felony "punishable" under the CSA. The final ruling is not expected until June of 2010. Our Orange county presdription drug possession attorneys have handled many cases on behalf of legal and undocumented residents and are quite familiar with the interaction between state laws and the immigration policies. We have recently been able to resolve cases with implication of possession with intent to sell so that the immigrant client does not face deportation.  If you or a loved one are facing charges for possession of a drug for personal use or for sale you should immediately contact our Los Angeles drug sales attorneys so that we can evaluate your case at no costs.