Los Angeles Criminal Lawyer Blog

Recently our office has been swamped with telephone calls asking for help clarifying and dealing with a new development in the United States Federal laws having to do with disclosure of foreign bank accounts.

The Government has introduced its Voluntary Disclosure Program beginning April through September 22, 2009. The purpose of this Program is to identify holders of foreign bank accounts (offshore) and substantially increase the Government’s tax revenue. It seems that the IRS is gearing towards making certain that those under its jurisdiction comply with the requirement of disclosure of any interest (financial interest, or signature, or other authority... 31 CFR § 103.24) over a bank, security or any other financial account in a foreign country

Continue reading "FBAR: Government’s Intent on Raising Funds" »

Posted by Gurovich, Berk & Associates | Permalink | Email This Post

Posted In: US Federal Crimes

Bookmark:

Medical Marijuana, as it is commonly referred to, as a concept, has been problematic from the point of view of Law Enforcement both State and Federal, for a number of years. First, many in Law Enforcement do not fully understand the new developments in California laws such as the Compassionate Use Act of 1996, Proposition 215, and the 2003 Senate Bill 420, now codified in the California Health and Safety Code Sections 11362.7 et al. They have general knowledge of this law, but do not know some of the specifics and therefore have an unfounded mistrust of the people and organizations that are governed by these laws. The fact that Federal law still prohibits the use or possession of marijuana for any purpose, complicates this issue even more. Second, most people, including the Law Enforcement community, just refuse to accept that marijuana is legitimate medicine helping many people to manage pain, nausea, headaches, and other more severe conditions. Third, according to many police officers and prosecutors, some of the medical marijuana patients, caregivers and dispensaries are walking a fine line between what is legal and what is not, essentially hiding behind this newly developed area of the law, and thereby undermining the legitimacy of others that really need marijuana for medicinal purposes.

Continue reading "Medical Marijuana - Misunderstood" »

Posted by Gurovich, Berk & Associates | Permalink | Email This Post

Posted In: Drug Crimes

Bookmark:

Lets say that you are involved in a fight. When the LAPD arrive at the scene, you inform them that this was more of a pushing contest. Nevertheless, the police determine that you are at fault. You are arrested, booked, and told to appear in court on a certain date. When you do appear in the Los Angeles Superior Court you do not have an attorney, and yet, after the judge reads you the charges, he asks you to enter a plea: "guilty," "not guilty," or "no contest." What do you do?

Before I answer this question let me tell you a little about the criminal process in California. There are two types of offenses. A felony is a crime punishable by a minimum of one year in jail, or $1,000.00 fine, or both. A misdemeanor, which is our example above, is a crime punishable by a maximum of one year in jail, or $1,000.00 fine, or both. In misdemeanor proceedings there are usually four stages: (1) arraignment, (2) pre-trial hearing, (3) trial, and (4) sentencing.

Continue reading "FIRST TIME IN THE LOS ANGELES CRIMINAL COURT SYSTEM" »

Posted by Gurovich, Berk & Associates | Permalink | Email This Post

Posted In: General Criminal Law

Bookmark:

Just like the State of California criminal system, the Federal criminal system comes with its own set of statutes, procedures, courts, judges and prosecutors. The difference lies, however, in that the crimes prosecuted in Federal court are those that are related to the Federal government, crimes that cross state lines, and crimes of international flavor.

Another difference between the two systems is the punishment given for the convicted offense. In a State system the judge has discretion to punish the convicted person as he sees fit, sometimes outside the guidelines set out in the violated statutes.

The Federal criminal system, on the other hand, has guideline sentences for each offense. Although these guidelines are no longer mandatory, the judge usually sticks with the guideline sentences anyway.

Let me give you an example.

Continue reading "The US Federal Criminal Justice System" »

Posted by Gurovich, Berk & Associates | Permalink | Email This Post

Posted In: US Federal Crimes

Bookmark:

I am going to ask you a question many of my clients ask me: If you have several drinks and you do not feel drunk, are you allowed by law to drive a car? The answer in Los Angeles, California is not that simple. Let me explain.

Some people feel drunk after one drink, others only after one bottle. A common assumption made by many is that if they do not feel drunk, they can drive. That is a mistake. Contrary to what some may think, the law does not care whether or not you feel drunk. The only consideration in California, for example, is whether your blood alcohol level is above .08%. If it is, you are not allowed to drive. If you do drive in that condition and are stopped by the police, you may very well be arrested and later convicted for driving under the influence of alcohol or driving with blood alcohol level above .08%, commonly known as a DUI.

Continue reading "Alcohol, Cars and California Law" »

Posted by Gurovich, Berk & Associates | Permalink | Email This Post

Posted In: DUI - Driving Under the Influence

Bookmark: