Los Angeles Criminal Lawyer Blog

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

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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

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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

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