VC 14601 - DRIVING ON A SUSPENDED LICENSE

Driving With A Suspended License (Vehicle Code 14601)

This charge can be filed as an infraction 14601.1 (a) or as a misdemeanor.  The consequences can vary significantly depending on how the charge is filed.  If your license was suspended because of traffic tickets, a prosecutor may reduce your charge from driving on a suspended license to the charge to driving without a license VC 12500(a) if you get your actual (physical) license back and show it to the court.   A seasoned attorney can help you with this.

If your license was suspended pursuant to a DUI conviction, then jail time and fines may be required.  However, pleading guilty to ‘quasi-criminal’ charges such as driving on a suspended license requires consultation of a seasoned criminal defense attorney first.   Don’t take the first offer/plea bargain because you are tired of going to court.  Hire an experienced attorney to go to court for you.  I can tell you when you need to plead no contest or guilty and when it is advisable to fight. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.southerncaliforniacriminalattorney.com

Divorce - False Domestic Violence Allegation

Anything goes in divorce cases.  Often times a spouse will make a false claim of domestic violence in order to gain the upper hand in family court.  False allegations of domestic violence are devastating to the person falsely charged.  Often times a restraining order will be issued keeping the defendant away from the property (house/apartment) and from the children. 

The defendant falsely accused of domestic violence may have to post a bail between $20,000 to $50,000 or more to get out of jail.  With divorce lawyers taking a big share of the family income for their retainer, it is not uncommon for a defendant to plead guilty to false charges at the arraignment in order to get out of jail, keep his job and fight for his/her children. 

Women & Domestic Violence

Women are also charged with domestic violence, though not nearly as often as men.  However, the consequences of pleading no contest or guilty to domestic violence in cases involving women are even more catastrophic.

A True Case

Ms. Ramirez (not her real name), college graduate, teacher and mother of 3 beautiful children was tired of her philandering husband beating her and abusing her 3 children.  Despite being only 5 feet tall, she gathers the courage to verbally confront him about him slapping their eight year old daughter in the face.  Her husband doesn’t like what he hears and a physical confrontation ensues.  Although she was much smaller, she won the confrontation.  The husband, his ego bruised and face scratched, decides to call the police and report her as being the aggressor.  The deputy sheriffs, seeing scratches on the husband and no scratches on the wife, arrest her and put her in jail.  Being in a jail for the first time, Ms. Ramirez was fearful.  Fearful for her safety, her children’s safety and she wanted to make sure her criminal record stayed clean as she valued her job.  Besides, she heard the stories of women being beaten and raped inside the jails by other inmates.  Being a school teacher with no criminal record, she was no match for the seasoned criminals she’d be forced to live with.  To make matters worse, she was arrested on a Friday meaning that she’d have to spend the entire weekend in jail.  Her arraignment would be in the Compton Courthouse that Monday.  Her family had no money to bail her out and she didn’t have the money to hire an attorney.  At her arraignment she went with the court-appointed attorney who “very quickly” read the police report, told her that she must plead guilty to get out of jail.

The court-appointed lawyer was very busy with other cases, took no time to listen to her defense, did not argue for reduced bail and took no time to tell her the parade of horribles that awaited her if she pleaded guilty. 

She takes his advice and (1) the judge orders her to stay away from the house that she owns, where her clothes and personal belongings are, (2) restrained from seeing her young school-age children, (3) order to take a 52 week domestic violence class, (4) pay fines, (5) the children are taken out of her home by social services and placed in foster care, (6) her husband moves in his new girlfriend into their house, (7) they begin to sell her items at a garage sale, (7) she is forced to live at motels and with family members, (8) she loses her job because of the conviction, and (8) the husband files for divorce and uses the domestic violence conviction to better position himself to get custody of the children and (9) the house goes into pre-foreclosure as the husband refuses to pay the mortgage.  The end result from the over-worked attorneys bad advice is that Ms. Ramirez had to attend Criminal Court proceedings, Family Court proceedings and Dependency Court proceedings. 

She tries to go back to criminal court to withdraw her plea of guilty, but the request falls upon deaf ears.  The Dependency Court allowed her to have 'monitored' visits with her children while she rented a room in a local apartment.   After over a year of classes and court appearances in criminal court, dependency court and divorce court, she finally has her children back with her in her house.

Tragically, this could've all been avoided had she had an aggressive and caring attorney with her at her 1st court appearance. 

Having an experienced attorney who doesn’t have a stack of cases to handle with you at the arraignment in domestic violence cases is critical.

southerncaliforniacriminalattorney.com

DOMESTIC VIOLENCE AND EMPLOYMENT

California Law provides that an employer may not discharge, discriminate, or retaliate against an employee, domestic violence victim who takes time off of work to "attempt to...ensure the health, safety, or welfare of domestic violence victims or his or her child." (Labor Code Section 230).

*Please check the above referenced laws to determine if there have been changes that may effect your case.

The Law Offices of Errol Cook will aggressively defend you.
southerncaliforniacriminalattorney.com

DOMESTIC VIOLENCE – OBTAINING A POLICE REPORT/

California requires prosecutors to give victims one free copy of the domestic violence report within five (5) days of the request.  In other words, the alleged victim can get a copy of the police report.  Often times fabricated domestic violence charges will be used to generate a police report to be later used against the suspect in a divorce or child custody proceeding.  ( Family Code Section 6228).
 California Law Requires that Family Courts make a presumption that giving custody to a perpetrator of domestic violence is detrimental to the child (Family Code Section 3044).  This means that pleading guilty or no contest at your arraignment or at any other time in your criminal matter may have a serious detrimental impact on your ability to see your child in Family Law court.  If this scenario sounds familiar, then you need to contact an Errol Cook at (877) 737-2004 as soon as possible.

DOMESTIC VIOLENCE GUN LAW - LAW ENFORCEMENT/MILITARY

If your job or your profession requires you to possess a firearm and you are charged with domestic violence, you need to call an attorney right away.  The laws are very strict.  Whether you are a city police officer or Deputy Sheriff, your right to protect yourself and your family with a gun will be summarily taken away.  

If you are in the military, your right to bear arms and deploy with your troops may be effected as well.  

southerncaliforniacriminalattorney.com

YOUR FIREARMS MUST BE SOLD TO A LICENSED GUN DEALER

It seems like license gun dealers are the only one who financially profit from California’s domestic violence laws.  California law mandates that ALL firearms be removed from the defendant's possession.  In other words, your right to bear arms may be taken away based on merely an allegation/charge of domestic violence.

This requirement applies even when the domestic violence conduct has absolutely nothing to do with firearms.  It could be a former spouse or spurned lover who fabricates domestic violence charges with the sole purpose of having you lose all of your guns.  The law makes no exception for antique guns or heirlooms passed down from generation to generation.  

southerncaliforniacriminalattorney.com

VIOLATING RESTRAINING & PROTECTIVE ORDERS

The Prosecutor will file charges against a person for violating a protective or restraining order if a lawful protective order was issued and served.  Each violation of a protective order constitutes a separate offense, each punishable by up to 1 year in jail. 

For example, someone who violates a protective order by calling the protected person 10 times can face 10 separate misdemeanor charges.  If the protective order was based on a domestic violence case, then the judge may order the defendant to retake/redo the 52 week domestic violence class. 

southerncaliforniacriminalattorney.com

DROPPING DOMESTIC VIOLENCE CHARGES

In any domestic violence case, don't be fooled into thinking that the District Attorney will "drop the charges" if the victim doesn't support prosecution. Most often, the victim's desire to support prosecution will have little bearing on whether or not a case gets filed and prosecuted. Once the police have been called it is out of your hands.  The police will file a police report and forward it to the prosecution. 

Once the prosecutor looks at the police report they will then decide whether or not to file a case  Expecting the charges to be dismissed solely on the basis that the ‘victim’ doesn’t want to prosecute is misguided thinking.  Also, not understanding domestic violence laws or being the sole provider does not cause domestic violence charges to be dropped.  The prosecutor will likely proceed with the case regardless of the victim's southerncaliforniacriminalattorney.composition.

PENAL CODE 273.5 (a)

Another way domestic violence charges are filed is by inflicting an injury on the alleged victim that results in a "corporal injury," or "traumatic condition."  See Penal Code Section 273.5(a). The prosecutor must prove beyond a reasonable doubt that the person willfully and unlawfully used force on the alleged victim that caused a wound or bodily injury.

This charge is commonly referred to as a wobbler, a charge that can be filed as a misdemeanor or as a felony. The manner in which a domestic violence case is filed depends on the conduct alleged and the amount of injury sustained by the victim. The sentence range for domestic violence cases varies dramatically on these factors, but can include state prison if the injuries are significant, or if the accused has a prior criminal record, or a prior history of violence towards the victim.
southerncaliforniacriminalattorney.com

PENAL CODE 243(e)(1) Spousal/Domestic Battery

Domestic Violence


There are two basic ways a prosecutor files domestic violence cases, both of which must involve a person committing an act against a spouse/family member, cohabitant, boyfriend/girlfriend, or the mother/father of their child. One important thing to remember is that if convicted of any domestic violence crime,  the person will be required to enroll in the 52-week Domestic Violence class, pay expensive fees/costs, and often times abide by a protective order.

The most common way a domestic violence charge is filed against a person is called a "simple battery." See California Penal Code Section 243(e)(1). The prosecutor must prove beyond a reasonable doubt that the person willfully and unlawfully touched the alleged victim in a harmful or offensive manner. A common misconception is that there must be a visible injury or some sort of pain inflicted in order to prove a battery. The standard of what constitutes a battery is quite low. A slight touching in domestic violence case may be enough if it is done in a rude or angry way.  If convicted of a misdemeanor charge, the person faces up to a year in county jail.southerncaliforniacriminalattorney.com

DOMESTIC VIOLENCE ARRAIGNMENT

Don't go to your arraignment alone because you want to save money.  You may actually spend more money on bail that you could’ve otherwise saved had you had an attorney at your arraignment.  I’ve had many family members tell me that they are going to post bail before the arraignment.  In one case, a distraught mother wanted to pay the bail company $10,000 to bail her son out of jail.  Thank God she spoke to me first.  I reviewed the allegations with her and visited her son in jail that night.  After getting a better picture of the case I told her to not post the bond and wait until the arraignment. As I believed, it was a misdemeanor charge at best thereby warranting a $2,000 bail.  On the day of her son’s arraignment her son was released with no charges being filed.  I saved her $10,000!  

DOMESTIC VIOLENCE PROBATION TERMS

Pleading guilty to a domestic violence charge or domestic violence related conduct can also cause serious financial hardship.  Generally included in domestic violence probation are mandatory fines, court fees, booking fees, restitution orders and, of course, the dreaded 52-week domestic violence class.  Class enrollment fees are quite expensive and they charge per class.  52 classes, each class requiring a separate fee.  If you miss too many classes then you will be in violation of your probation and could face jail and be ordered to take the class over again.   Your class may meet on days or evenings in which you must work.  The fact that you may have a medical or family emergency is not the class’s concern.  Whether you are about to plead guilty or are looking to get reinstated in your domestic violence class, call me before you go to court.  A judge may not give you the time to call an attorney in the courtroom holding cell.

southerncaliforniacriminalattorney.com

DOMESTIC VIOLENCE RESTRAINING ORDERS

Temporary and permanent restraining orders in domestic violence cases can cause serious problems.  They may require you to have no contact with your children, spouse and, or loved ones.  Even worse, they may require you to move out of your life-long residence.  The court has the discretion to impose a restraining order in domestic violence cases.  Hire a lawyer who is experienced in arguing domestic violence restraining orders.
southerncaliforniacriminalattorney.com

DOMESTIC VIOLENCE CASES

Domestic Violence is controversial and has gained considerable attention in the news.  Going to court without an attorney with domestic violence charges can cause serious problems at home, at work and with your family.  Pleading guilty or no-contest to false reported domestic violence allegations places the alleged victim in an undeserved position of power over you, your children and your life. 

Sometimes it is very tempting to plead guilty to fabricated charges just to get out of jail or to ‘move on’ with your life.  However, the impact that domestic violence charges have on your future job prospects and family life can be devastating.  Sometimes the easy way out isn’t the best way out.

Pleading guilty to get out of jail can also cause you to lose your residence…at least temporarily.  You need a skilled attorney to make sure that your decision to resolve your domestic violence case is wise and legally sound.  southerncaliforniacriminalattorney.com

CRIMINAL DEFENSE

Many firms are very happy to take your money and farm out your case to an inexperienced attorney with good intentions.   Ask the lawyer whether they will handle the case personally.  Ask the attorney how many criminal matters have they personally handled as a lawyer.  Ask them how many jury trials they have personally done as the lead trial lawyer.  Most importantly, ask questions before you make the initial payment.  It may be difficult or impossible to get your money back.  southerncaliforniacriminalattorney.com

DUI IN HUNTINGTON BEACH

The Huntington Beach Police Department is also aggressive in stopping and arresting suspected drunk drivers.  It is common for many patrons who are leaving a bar or lounge to be followed by police and stopped for a "traffic violation" and later be questioned on their alcohol consumption and DUI.  Whether it is a faulty brake light or an obstruction of the rear-view mirror, a traffic stop coupled with alcohol on your breath in any city, including Huntington Beach, will guarantee you a place in jail.  southerncaliforniacriminalattorney.com

DUI & IMPOUNDING YOUR CAR

If you have a BAC anywhere near a .08 then you may be arrested and your car impounded.  An officer may choose to impound your car, or simply allow you to park it on the curb safely.  Some officers may even allow you to call a relative to pick up the car to avoid it being impounded.  southerncaliforniacriminalattorney.com

WEST HOLLYWOOD & HOLLYWOOD DUI ARREST

Hollywood and West Hollywood are hot spots for DUI enforcement.  Because of the close proximity to clubs and bars, police officers are on the watch.  Officers generally believe that if you are leaving a lounge or bar after 9:00 P.M. then you probably had a drink or two. 

An officer shouldn’t pull you over for leaving a bar or a lounge, but they sometimes do.  They can also look for minor vehicle code infractions to justify stopping you.  An obstruction of the rear-view mirror, dark tint, a faulty brake light can all be reasons to pull you over. 

Have a Rosary or Graduation Tassle hanging from your rear view mirror?  Lose it! Or windows tinted too dark?  Fix it or you may find yourself receiving more than just a traffic ticket…even with one drink in your system.  southerncaliforniacriminalattorney.com

Saving Money Up Front – Spending More Later

Saving money initially, could cost you more in the long run.  Prosecutors are much less inclined to negotiate with a pro per litigant versus an experienced attorney.  For example, perhaps you have a ‘rising’ defense or a ‘calibration defense’ or a ‘Pitchess” motion, how will you know without seeing the police report?  How will you know if you don’t have a clue on what these defenses are?  Your entire may be dismissed or your fines can be reduced significantly reduced by thousands of dollar with an experienced and aggressive attorney.  

REPRESENTING YOURSELF AT ARRAIGNMENT – NOT A GOOD IDEA!

Want to save some money?  Hire a real attorney.  Hire an experienced DUI lawyer.  A judge cannot give you legal advice.  A prosecutor cannot give you legal advice.  Often times, appointed (free) attorneys are NOT PAID nor are they allowed by their bosses to give you advice on DMV hearings.  They may simply advise you to plead guilty not understanding the dire consequences of the DMV are sometimes worse than what the judge will impose.  

CHP & DUI

Police Departments and the California Highway Patrol are very aggressive in stopping suspected drunk drivers.  It is common for a driver leaving a bar or lounge to be followed by police and stopped for a "vehicle code violation" and later be questioned on their alcohol consumption.  Whether it be a faulty brake light or a minor obstruction of the rear-view mirror, a traffic stop can lead you to being quickly arrested if the odor of alcohol is detected on your breath.