Facebook, Instagram & Twitter could get you put into Jail

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It’s no secret, police have access to the internet & social media. If it is easy for the public to see a picture you have posted, it is just as easy for the police to collect and use your social media content against you in a court of law.

Posting a picture of yourself smoking marijuana is a crime, and it is a great way for police to begin tracking you down. Some may say that is just ridiculous and it’s just the internet, but if you ask 30-year-old Jeremy Clayton of South Carolina he will advise you that it isn’t ridiculous at all.

Clayton posted a photo of a half smoked marijuana joint while “giving the bird” to the Richland County Sheriff’s Department website in the background & using marijuana related hash tags. A concerned citizen saw this post and reported it to their local Sheriffs department. Richland County Sheriff Leon Lott assigned the Drug Suppression team to investigate the case.

Shortly after the photo on Instagram, Clayton was caught selling marijuana to deputies on three separate occasions. Coincidence? I doubt it. He is now being charged with felony distribution of marijuana and could be facing up to five years in prison. That’s a rather stiff outcome for what started as a simple Instagram photo.


With all this in mind, we would just like to remind you to pay attention to what you put into the world of social media, anything found on these sites can be used against you in a court of law.

Validity of DUI Checkpoints in CA and how to get out of them

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Driving Under the influence is one of the most committed crimes in the state of California. Checkpoints are an easy way for law enforcement to, “shoot fish in a barrel.” It is very easy for officers to maintain an arrest from a DUI at a checkpoint because they are legal in the state of California. But, you may now know that DUI checkpoints are illegal in 12 other states. The California Supreme Court upheld a decision of the lower court that found that sobriety checks are constitutional. In the landmark California Supreme Court case: Ingersoll v. Palmer (43 Cal.3d 1321 (1987), the Supreme Court established several requirements that police officers must adhere to, so that the stop is valid and does not violate your constitutional rights.

At a DUI checkpoints officers evaluate your sobriety within a brief period. They are looking for objective symptoms of intoxication: bloodshot/watery eyes, slurred speech, or even alcohol odor. If even one symptom is readily available “bloodshot/watery eyes” the police officer is entitled to pull you over for subsequent DUI investigation. If there are no symptoms present, they must release you from the minor detainment.

There are certain requirements for a DUI checkpoint to be legal and enforceable in a court of law: Needs to be published in advance of the checkpoint, time and circumstances of detention, location, and a supervising officer needs to be present at the scene. We should examine each in detail:

1) Need to publish in advance of the checkpoint: this requirement is a integral to lower the interference of the DUI checkpoint and boost its prevention in reducing DUI cases.

2) Time and circumstances of detention: this requirement is in place in order to limit the time that the DUI is invasive in your life. Law enforcement is only allowed to detain you for the time necessary to look for objective symptoms of intoxication, then need to let you be on your way.

3) Location: this requirement is due to a number of factors including: safety of the public, proper and adequate lighting, appropriate number of cars in proportion to the stop, officers have to be in uniform, and high DUI needs to be proven in that specific vicinity.

4) Supervising Officer needs to be present: this requirement is in place to protect citizens from improper selection of cars. Supervising officer has full control over the DUI Checkpoint including but not limited to time, location and which cars to stop for example the supervisor can select every 5th car or every 10th car. They cannot select you based upon what you look like or what type of car you are driving at the time.

All of this being said you might still have the question,” How do I get out of a DUI checkpoint” and that brings me to my last requirement #5.

5) A motorist has to have ample opportunity to leave the DUI checkpoint if they do not wish to stop: Most people do not know this but you do not have to stop at a DUI checkpoint. Further, you may not be stopped and briefly detained just because you simply tried to steer clear of the checkpoint. It is also required that officers post visible lighted signs that a checkpoint is coming up soon. Finally, there needs to be a legal place to turn out or around to go a different way.

But, if you commit some sort of vehicle code violation, for example: an illegal u-turn, then there is probable cause that a traffic offense occurred in the presence of an officer and they can get you to the side of the road legally.

BOTTOM LINE: Avoid DUI checkpoints at all costs because you can do it legally without committing a vehicle code violation in the presence of an officer. that is how you can get out of a DUI checkpoint.

Instant Drug Tests, Rolling out this New Years Eve

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This coming New Years Eve, California DUI check points are rumored to begin the use of an Instant Drug Test system known as the ‘Dräger DrugTest® 5000’. This drug tester that is only available to Law Enforcement can detect amphetamines, designer amphetamines, opiates, cocaine and metabolites, benzodiazepines, cannabinoids and methadone almost instantly.

In just a few minutes, this quick & painless drug test can be administered by law enforcement at DUI check points anywhere.

Here is how the test is administered: The donor will place the Drager 5000 collector inside his or her mouth and, by using a sideways motion between the cheek and gum, takes an oral fluid sample. As soon as sufficient fluid has been gathered, the built-in indicator will turn blue and the test cassette can be handed back to the Officer.

With all the new drug & alcohol detection technologies available, this is just another reminder; do no not drink and drive.

DUI Charges in Santa Barabara California May Be on the way for Weird Science star- Kelly Lebrock

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For those of us who were grew up in the 1980’s, Kelly Lebrock made a lasting impression in her role as Lisa in the movie Weird Science.

Unfortunately, she has landed in a bit of trouble. According to TMZ.com, Ms. Lebrock was arrested near Santa Barabara County California on suspicion of DUI. However, being arrested for DUI does not necessarily mean someone will be charged with DUI, much less convicted. Further, being arrested for DUI does not always result in jail. An experienced DUI attorney can go a long ways towards helping in this regard.

Assuming this report is accurate, Ms. Lebrock will need to have an experienced DUI attorney review her case to determine if she was stopped legally. When I say legally, I am generally referring to whether the stop was consistent with the 4th amendment of the United States Constitution. Many stops are made illegally and an experienced DUI attorney will know how to spot this. If it is believed that the stop was illegal, Lebrock’s DUI attorney will file a motion for a suppression hearing where he will attempt to have the evidence collected as a result of the stop ( presumable her blood alcohol concentration) suppressed.

Aside from determining whether the stop was legal, it will also need to be determined whether her arrest was legal. After that, it will need to be determined whether Ms. Lebrock was impaired while she was driving. That raises a whole host of issues. Remember, in a criminal case, the state carries the burden of proving beyond a reasonable doubt that the crime was committed. Guilt beyond a reasonable doubt is a high standard. Consequently, if you are ever arrested, you should not assume that an arrest means you will necessarily lose your license, be convicted, or go to jail. The state carries that burden of proof, and their are many way that a skilled DUI Attorney can help you with your case.

Domestic Violence Charges of George Zimmerman are Dropped.

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In a previous blog post we predicted that George Zimmerman was going to get hammered by the prosecutors in Florida for his new assault and domestic violence charges, as a sort of retribution for the killing of which he was previously acquitted. We anticipated that George Zimmerman’s criminal defense attorneys were going to have their hands full trying to get him a fair trial given the publicity of his murder trial earlier this year.

Well…. it turns out we were wrong. Once again, George Zimmerman is either very lucky or he is very good at picking criminal defense lawyers to get him out of trouble. It was announced this week that George Zimmerman’s criminal charges were dismissed.

Riverside Criminal Defense Attorney Weighs in on George Zimmerman Arrest

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I could hardly believe it when I heard on the news this morning that George Zimmerman was arrested AGAIN today.

This is the same George Zimmerman who shot and killed Treyvon Martin and was subsequently acquitted following a very public jury trial. Many people felt that George Zimmerman got lucky. Here was a man facing life in prison for murder, who, due to some fine lawyering by his criminal defense attorneys, narrowly escaped conviction. You would think that someone who had been through that, and had faced the very real possibility of life in prison, would be scared, and make a firm commitment to avoid any run ins with the law. You would think that this guys would live everyday of his life with gratitude for the fact that he dodged a bullet, but seemingly no such luck. This guy was involved in an incident just a few months after being acquitted in which he was accused of punching his father in law in the face, and pulling a gun on his father in law and his estranged wife. There was an ipad involved in this incident which was thought to contain evidence of this crime, but the ipad was broken to the point that no evidence was recoverable. Charges were either dropped or never filed.

This week, Zimmerman was arrested again in Florida. He is now being accused of assaulting his girlfriend with a gun, in addition to some amount of domestic violence or battery. He is facing several charges including at least one felony. My suspicion is that Mr. Zimmerman will be willing to take these charges to trial, as he may be very confident that he can win at trial, as he has once before. Likewise, I suspect the District Attorney will be somewhat reluctant to plea bargain as they may feel like this is their chance for a second bite at the apple, so to speak. A second chance to get a conviction against Mr. Zimmerman, who they likely perceive as a menace, at this point.

At this point, one might rightfully ask what the chances are that George Zimmerman can get a fair trial in Florida. If I was representing Mr. Zimmerman in his new criminal case in Florida, I would have real concerns about whether or not he can get a fair trial in Florida, given that virtually everyone in that state knows about his case, as a result of the extremely high publicity given to his Murder trial. In addition, the media has reported heavily regarding his subsequent brushes with law enforcement. This is one of the issues that a defense attorney at trial wrestles with. A skilled criminal defense attorney takes jury selection very seriously, as he knows that a jury who is biased against his client will likely result in a conviction.

In addition to issues relating to whether their is a venue in which Zimmerman can get a fair trial, there will be evidentiary issues that impact whether or not Zimmerman will get a fair trial. As a criminal defense attorney I would fight like crazy to keep out any evidence that alludes directly or indirectly to Zimmerman’s previous legal battles. If the jury were find out about those, it could be extremely prejudicial to his new case. A cagey prosecutor would know this, and would likely look for ways to get the information in.

Only time will tell how Mr. Zimmerman will fair against the State of Florida in his new criminal case. If the case proceeds to to trial, it will be a monumental task for his defense attorneys to select a fair jury, in a proper venue, and keep all of the prejudicial information away from the jury.

Even if Mr. Zimmerman avoids a conviction this time, one has to wonder what the chances are that this is Mr. Zimmerman’s last run in with law enforcement.

Murder Charges Dropped Against Los Angeles / Compton Man

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As a Criminal Defense Attorney, the fear that haunts us the most is that of the possibility that an innocent man or women might go to jail. This is what we fight against daily. Our job is to act as a quality control mechanism, to ensure that the government is not able to send innocent people to jail.

The LA times is currently reporting on a man by the name of Justin Marquis Scott, against whom the Los Angeles County District Attorney’s office recently brought Murder charges (California Penal Code Section 187).

Fortunately for Mr. Scott he had a diligent Los Angeles Criminal Defense Attorney who fought to demonstrate his innocence. His criminal defense attorney was able to show through multiple sources of video footage, that Mr. Scott was at other locations during the time of the murders, thereby creating reasonable doubt that Mr. Scott was involved in the murder. Kudos to the Los Angeles Attorneys at the District Attorneys office who did the right thing and dismissed the criminal charges upon determining that there was little chance that they could prove beyond a reasonable doubt that Mr. Scott was the murderer. The district attorney could have elected to push the case to trial and let the jury decide. Instead, the DA took the high road and made certain charges dropped .

If you are ever facing criminal charges in Los Angeles, you will want an experienced Los Angeles Criminal Defense Attorney fighting for you. Please do no hesitate to give us a call. Our team of Defense Lawyers stand ready to fight for you in your time of need.

Miranda Warning Requirements Upheld- Norwalk Criminal Conviction Overturned

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It was encouraging as one who is concerned about the fact that the police routinely trample individuals’ constitutional rights, to read the recent article in the LA Times reporting on the voided conviction of a Norwalk man.

Under Miranda one who is being interrogated, in custody, has a right to an attorney. When someone exercises this right and requests an attorney, all questioning should stop until the requested attorney is present.

It is a well established principle in the field of criminal law that the only effective way to deter police from violating our constitutional rights such as those contained in the 4th, 5th, and 6th amendments is to suppress evidence obtained through the violation of these rights. Such suppression of evidence, when enforced, has the effect of disincentivizing police from violating such rights. In this case, a Federal Court threw out this Los Angeles County criminal conviction of a man who was interrogated in custody, after having asked for a Criminal defense attorney and being denied. Below is a sample of the conversation between the defendant and the interrogating officer as presented in the LA Times article:

” During the first interview, a detective told Lujan that he had the right to remain silent and to have a lawyer appointed free of charge. During a third interview, in which Lujan confessed, he asked for a lawyer.

“You feel you need one?” a detective asked.

“Yes, I do,” Lujan said.

“OK,” the detective replied. “All right. If that’s what you want to do, we’ll do that.”

“Can I get one in here today?” Lujan asked.

“I really doubt it,” the detective said. “I mean, I’m going to be honest with you. It’s Sunday evening. When you go to court in a couple of days there will be one appointed for you. That’s the way the system is set up …

“If you want to call and hire an attorney, that’s fine. If you want to make a statement without an attorney, that’s up to you. I doubt that if you hire an attorney they’ll let you make a statement; they usually don’t. That’s the way it goes. So, that’s your prerogative; that’s your choice. Now, if you do want to talk to me without an attorney, that’s your choice. You can just tell the jailer, ‘Hey, I’d like to talk to the detectives without an attorney present.’ OK? That’s your choice.” “

Apparently. further interrogation and an eventual confession followed this exchange and the man was convicted in Los Angeles Superior Court in Norwalk, Ca. Thereafter an appeals court reversed the conviction.

Clients who have been arrested frequently ask me about their Miranda Rights and the Miranda Warning Requirements. The typical question stems from the fact that in some cases an arrest occurs and no Miranda advisement is given. This case illustrates well the rule of law associated with Miranda, namely that one has a right to an attorney when being questioned, while being detained against their will ( in custody). If this right is violated, the proper remedy is the suppression of the evidence that came from that interrogation. In this case, the defendant confessed to the crime later, but the appeals court in San Francisco concluded that the second confession was a result of the need to explain the first confession, and that had the first confession which was obtained illegally not been given, the second confession would not have occurred. This illustrates how sweeping a the suppression can be of evidence deemed to be “fruit of the poisonous tree” or in other words evidence collected in violation of one’s constitutional rights, as the second confession (given in court under oath) was suppressed as well as the first.

This overturned conviction is undoubtedly the result of the hard work of some experienced criminal defense attorneys dedicated to ensuring that their clients rights were protected. If you are ever facing criminal charges in Los Angeles County, do no hesitate to contact us. Our team of Experienced Los Angeles Criminal Defense Attorneys understand the Miranda Rules very well and are ready to ensure that your rights are protected.

Los Angeles Criminal Defense Attorney Reacts to Ca Prison Status

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Our Los Angeles Criminal Defense Attorney weighs in on local news impacting Californians

The Los Angeles Times ran an article today indicating that the State of California has entered into contracts with private businesses who will provide prisons for California Inmates. This development stands to potentially impact some of our clients (and indirectly, their Los Angeles criminal defense attorney ) in the following ways:

1. Overcrowded prisons result in more inmates, especially low-risk inmates like drug offenders, being “kicked” or released early from jail. This is great news for our clients and the Los Angeles Criminal Defense Attorneys who represent them. We have had many clients sign up for plea deals for up to several months of jail time, only to be released a few days later and their sentence is considered completed. Unfortunately, it is difficult to know if and when this will occur, so you cannot plan on it. But, when it happens, the inmates are understandably happy.

2. One of the advantages to inmates of having private run jails, is that this introduces the element of free-market competition, which tends to have the effect of driving up quality of services provided. These contracts to provide jails are worth tens of millions of dollars to the contractors awarded the contracts. These contractors stand to make a lot of money off of these contracts and consequently, the contractors want to do everything in their power to keep the contracts. This means that the contractors are motivated to run their jails in such a way, so as to minimize complaints from inmates. Too many complaining inmates puts pressure on the politicians in power to award such contracts. Thus, inmates in these private jails are likely to experience better conditions than in government run jails where there is no free-market influence. While everyone wants a Los Angeles Criminal Defense Attorney who can help them avoid jail all together, when that is not possible, we want conditions to be ideal.

3. Overcrowded prisons will ultimately force state politicians to address problems with our current criminal system which jails too many non-violent offenders whose problems would be better addressed by drug programs and diversion programs. Our Criminal defense attorneys in Los Angeles fight hard every day because of the disproportionate relationship between crimes and the punishments handed down. Overcrowding of jails is further evidence that the system is broken.

Our team of Los Angeles Criminal Defense Attorneys and Los Angeles DUI Lawyers have the experience and the desire to help you. If you, or someone you love is being charged with a crime in the state of California. Let call us for a free consultation with a highly experienced criminal defense attorney.

Orange County DUI Attorney /Criminal Defense Attorney Wins at Trial!

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Our DUI Attorney in Orange County took a case to trial this week in North Orange Court, in Fullerton, Ca. Our client was being charged with two counts of DUI ( California Vehicle Code 23152(a) and 23152 (b). At the time our client’s blood alcohol concentration was tested his results were 0.06. Our client had only one drink the entire evening and that drink was nearly seven hours before the time he was arrested. The district attorney on this case knew that he had a weak case against our client but he proceeded with a prosecution because he felt like he could get a jury to believe his speculation that our client was driving under the influence.

At trial our Orange County DUI Attorney, Ms. Duran, was able to establish that the People could not prove beyond a reasonable doubt that our client was guilty of DUI (CVC 23152 a/b). The jury came back with a NOT GUILTY verdict on both counts. Our client was completely acquitted and rightfully so. This demonstrates the value of hiring an experienced Orange County DUI Attorney to represent you if you are charged with a DUI. Experience means everything in criminal defense.

If you or someone you love is being charged with a DUI in Orange County, or in any of the surrounding Southern California counties, you should call us. Our team of experienced Orange Count DUI Attorneys and Orange County Criminal Defense Attorneys know how to evaluate DUI cases and when necessary they have the experience to go to trial and WIN!

For over 37 years Earl Carter and his team of DUI Attorneys and Criminal Defense Attorneys have been defending people accused of DUI and other crimes in the state of California. Let us put our experience to work for you.