Avoiding jail is the goal of almost every client charged with an offense.  Because of family and work commitments, a jail sentence can often involve losing more than just the time served.  Although alternative sentencing is not necessarily available in every case–it is imperative to run suck alternatives with both the District Attorney’s Office as well as the Court.  Availability of such alternatives revolve around the surrounding circumstances and mitigating circumstances of each case.  It is also important to note that each case differs from another.  However, our office strives to find an alternative to jail whenever possible. Some of the alternatives available are detailed below. If you or a loved one is charged with an offense that involves jail time and you wish to want to find out if we can help you find an alternative to jail, call now and ask to speak directly with Mr. Nosratabadi.

Community Service
Also known as “volunteer community service”, this alternative refers to fulfilling a jail sentence through the donation of your time to a charitable organization.  Besides the obvious benefit of not going to jail, this type of disposition can also allow a great deal of scheduling flexibility.  Most non-profit organizations will allow you to complete your service any day of the week.  They will often allow you to donate your time on the weekends or in the evenings and the hours can be split into smaller increments to accommodate a busy schedule.  For some clients, the time donated to a community organization will feel less like work and more like a pleasant experience.  When available, community service is usually your best option.  In addition, clients may also be able to perform volunteer community service instead of paying fines.  However it is important to notes that not all fines could be substituted with community service.  Certain fines are mandatory (pursuant to statutes).  If either you or a loved one is interested in finding out more about the Volunteer Community Service Program, please contact our office at (714) 955-8365 and ask to speak directly with Mr. Nosratabadi.

Home Confinement (Electronic Monitoring)
Many clients are able to avoid jail completely by serving their sentence at home.  To participate in this program you must have a home telephone (land line, no cell phones or internet phones), a fairly clean criminal history, and the other people who live in your home must be willing to submit to the application process.  If you can meet these requirements, home confinement may be an option in your case.  The District Attorney and the Court system are well aware that home confinement is much easier to complete than a jail sentence.  Due to this, it can often be difficult to obtain this type of sentence.  Complicating matters further is an intricate set of rules and regulations which vary from county to county and even from courthouse to courthouse.  Application may be through the probation department, the sheriffs department, or a private agency depending on the location of your case.  Home confinement however is not available in every matter.  Sexual or violent offense convictions will not likely be eligible for home confinement. Mr. Nosratabadi has extensive experience in this area and has helped hundreds of clients avoid jail through home confinement.  When your freedom is at stake, you need someone who knows the system from the inside out to get results.

Private Jail
Private jails, or “pay to stay” programs are essentially a cross between a jail and a hotel.  In some cases, we are able to arrange a disposition which allows the client to serve his/her time at a local or city jail.  These local jails typically house between 5-20 inmates as opposed to the thousands held in county jails. The benefits of this program include greater security and better living conditions than the county jail.  Many high profile clients such as police officers or celebrities also choose this option to safeguard their identity and protect their safety from other inmates in the county facilities.  An additional benefit is that private jails will allow a client to be released during the day and go to work, and return to the jail in the evening, allowing a client to save their job while completing their sentence.  Each jail sets its own rules, regulations, and pricing, with rates ranging from 70-150 dollars per day.

Work Release Programs
This includes programs such as CALTRANS, the Riverside Sheriff’s Labor Program, and Orange County’s CWP (Community Work Project), and San Bernardino’s weekender program at Glen Helen.  Getting accepted into these programs is like navigating a maze.  The details of your plea agreement and the use of the magic words in your application will make the difference between freedom and jail. Each program has their own set of rules and requirements for participation.  To find out if one of these programs could be right for you, contact our office today.

Weekends
Weekend commitments are different than a work release program.  A true weekend commitment means that you will actually spend the entire weekend in jail.  Although this is a less attractive alternative than the programs described above, in some cases it is the only option to avoid serving a straight sentence.  Depending on the county issuing the commitment order, there may also be a fee for serving your time on the weekend program.

Rehab Programs
Many clients facing criminal charges have issues with alcohol and/or drug addiction.  The court system recognizes this and provides alternative sentencing opportunities to some defendants.  Programs such as PC1000, Prop 36 (PC 1210), Drug Court, and DUI Court may be a good option for the right candidate.  Being accepted into these programs requires a lawyer with experience and skill.  The smallest of details in your plea agreement can affect your eligibility for these programs and mean the difference between rehab and jail.  Getting through these programs successfully and having the conviction erased or expunged from your record also requires follow up by your lawyer.  Many lawyers will gladly take your money to get you into a program, but then leave you hanging when you have completed the program.  Our office will see your case through from start to finish to make sure that if you complete your program, you receive the benefits.  There are also many cases where a client will not qualify for one of the above programs due to a technicality.  In these cases, it may be necessary to complete a private program as opposed to one of those offered by the system.  If the right plea agreement is drafted, you can complete a private program and then receive credit for the days you have completed in lieu of jail.

Civil Compromises
In most misdemeanor cases in California, a civil compromise pursuant to Penal Code Section 1377-1378 provides an excellent way to avoid a conviction.  To achieve a civil compromise the victim is contacted by your lawyer and arrangements are made to pay for any damages or losses.  The victim will then sign a release.  The release is then presented to the court. In some cases the prosecution will agree to a civil compromise.  In others, the Court may be willing to enter the civil compromise over the objection of the prosecution.  Either way, the end result is that the criminal conviction and the accompanying sentencing issues are avoided entirely.  Mr. Nosratabadi has been successfully able to resolve and dismiss assault, battery, hit and run, dog license, and other misdemeanors pursuant to Civil Compromises.

If you or a loved one is charged with an offense and would like to discuss Alternative Sentencing Possibilites, please contact Mr. Nosratabadi at (714) 955-8365.

March 19th, 2009

Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing.  The Defendant appeals contending that the arrest was not legal.  Court reasoned that California Vehicle Code 40800 governs the issue here:

“every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code (traffic safety laws) shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner”.

Here there was no evidence that the arresting officer was a traffic officer, or that his main duties consisted of traffic enforcement.  On the contrary, the officer appeared to be exercising supervisory duties on the night in question.  And rather than make the arrest himself, he requested that another uniformed deputy assist him at the scene.  Even if the officer was working speed trap duty or traffic, this would not violate 40800 because Driving Under the Influence is not a speed violation.  Caveat: cop in unmarked car can arrest for DUI.

If either you or a loved one has been charged with a DUI or is subject to an Administrative Per Se Hearing, you need a knowledgeable attorney on your side to help you to preserve your driving rights. Please call us at (714) 955-8365 for a free telephonic consultation.

In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen.  Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI.  The court granted the Defendant’s motion to suppress and dismissed the Criminal Case.  The Defendant lost the DMV Administrative Per Se and appealed.  The Court of appeals upheld the Administrative Per Se ruling because police conduct was not egregious (or that the police did not willfully fail to update stolen vehicle reports).  So if the cops had a reasonable belief that the car you were operating was stolen, they can pull you over.  Although the Criminal Court reasoned that the cops should have updated their records before pulling a vehicle over that was reported stolen (“sometime ago”), the Administrative Per Se Hearings do not have to uphold the same standards.  

If you’ve been recently stopped for a DUI violation, please be advised that your California Driver’s License is at risk.  In the event that your California Driver’s License is subject to an Administrative Per Se Hearing, you need a knowledgeable attorney on your side to help you to preserve your driving rights. Please call us at (714) 955-8365 for a free telephonic consultation.

Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof.  Although a police officer must establish the proper foundation that he has been trained in observing signs of bad driving and describe such bad driving (i.e.: how long the Defendant weaved in his lane) in Criminal Courts; such foundation was deemed unnecessary by the DMV.  Thus making the standard of proof even less in Administrative Per Se Hearings.

Mr. Nosratabadi has represented hundreds of licensees in DMV Administrative Per Se Hearings and has obtained very favorable results.  In the event that your California Driver’s License is subject to an Administrative Per Se Hearing, you need a knowledgeable attorney on your side to help you to preserve your driving rights. Please call us at (714) 955-8365 for a free telephonic consultation.

#1 There Must be Probable Cause

A police officer must have a reason to pull you over. Driving a fancy car, leaving a concert, or being a young kid is not a valid reason to pull you over. If you are not showing visible signs of intoxication, then the arrest is illegal. Ask your officer why you were pulled over and be sure to inform your defense attorney of the answer.

#2 Field Sobriety Tests are Optional

You do not have to comply with a field sobriety test when you are pulled over for suspicion of DUI in Los Angeles. Any portable field breath test is also optional on your part. If you do not wish to go through this process, inform the arresting officer that you know it is not required by law.

#3 You Must be “Mirandized”

A DUI is more than a traffic stop; it is an actual arrest for a crime. This means your arresting officer must advise you of your constitutional, or “Miranda,” rights prior to asking you any further questions. If the Officer does not Mirandize you, you should not answer any of his questions.  The only thing you should say is: “I plead the Fifth”. If your arresting officer does not provide you with this information, inform your defense attorney that your rights have been violated.

#4 You Have a Choice of Blood or Breath Test

You may not refuse a test at this point. If you do, you will be subject to criminal accusation due to the “implied consent” law. This means that my driving you have consented to alcohol testing. However, you do have the choice of accepting a blood test or a breath test. If you are not given a choice, inform your defense attorney.

#5 You Have the Right to an Independent Test

Breath tests do not last after the initial registry. Because of this, you are entitled to a private blood sample if you are given a breath test. You may give this blood sample to your defense attorney in Los Angeles for an independent test.

If you or a loved one has been charged with a criminal offense, please contact the Law Offices of Rodney Nosratabadi at (714) 955-8365 for a free consultation.

When a driver is taken to the police station for a breath test, he or she is not required by law to provide one. However if that person refuses, there may be legal consequences, and he or she can still be charged. This is termed the “implied consent” of the driver; implied consent means that all drivers consent to a chemical test simply by operating a vehicle in California.

Breath tests cannot be saved and used during a hearing. They are often unreliable. This does not mean a person may register a .1% if he has not been drinking. It may mean, though, that a person can register a .08% when the actual blood alcohol count is .07% – a crucial difference. An independent blood sample may provide additional defense against the accusation, or it may verify the results of the breath test.

In any case, an accused has the right to present a separate blood sample to his or her defense attorney in Los Angeles. The defense attorney will work to assure there is an accurate, independent blood test. Because the DUI attorney will not likely be present during the arrest, the burden of requesting the blood sample typically falls on the accused. It is up to the driver to ensure the right to an independent blood sample is offered while being held for suspicion of DUI.

If you, or a loved one has been charged with a criminal offense, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.

There are two possible scenarios that can lead to this result. The first scenario is that approximately 8.5% of the people driving in the small town are intoxicated beyond the legal limit. Circumstances such as location may increase the amount of people that may be driving drunk and should be taken into account. The time of day, such as 2PM versus 2AM can additionally come into play. In the end, though, it is unlikely such a high percentage of all drivers on the road were over the legal limit.

The second scenario is that the stoppages were not random. If the officers were only pulling over individuals showing signs of intoxication, the higher percentage would be much more likely. This calls into question the same recurring debate about DUI checkpoints. 

Many Los Angeles defense attorneys argue these checkpoints are a violation of Fourth Amendment rights. The Fourth Amendment has been interpreted to require probable cause to be stopped in a vehicle. If the checkpoint is not random, are personal rights more protected? The debate has been to the highest courts and Chief Justice Rehnquist has said DUI checkpoints are here to stay … for now.

If you or a loved one has been charged with an offense, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.

Recently, a case in California has shown that all evidence may be questioned. Many hundreds of cases in the areas surrounding Los Angeles are now being called to question. The urine and blood tests acquired for the defendants were processed by a technician whose integrity has shown flaw. The technician admitted to purposefully changing test results in a previous position. The technician, Aaron Layton, worked for Bio-Tox Laboratories in Riverside County.

The case of the Bio-Tox tests shows how it may be possible to find problems with forensic evidence. Many DUI attorneys submit independent chemical tests to control this situation. An individual accused of a DUI in Los Angeles has the right to request an independent test at the time the blood sample is taken.  If you or a loved one has been charged with an offense, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.

For an officer to purposely tamper with evidence or blatantly lie about breath test results would be a lie and a crime. Sadly, there are police officers who have done this before. In the event that a person feels victimized by an officer and/or may receive a false DUI charge, he or she has the right to legally challenge the police department. A criminal defense lawyer, such as the Law Offices of Rodney Nosratabadi, could help tackle an intimidating institution such as a city police department. There have been other legal cases in which citizens took their police departments to court over unjust conduct. Violations by police officers include, but are not limited to, racial profiling, excessive use of force, wrongful death, false charges and convictions, and more. Just because someone is a law enforcement officer does not mean that he or she is always right. Even more-so, it doesn’t mean that he/she are exempt from the law.

To give an example, there was one case of a young African-American female driver in Riverside County who was charged with a DUI after her tire had blown out. She argued that she was not under the influence at all, and the reason her car had swerved was because of the blowout. She claimed that she was treated poorly by the officer and that his manner of frisking her was inappropriate and violating. She is currently in the process of seeking legal action against the officer and fighting off the fraudulent DUI charge.

There has been a history of police officers in the Los Angeles County abusing their power. While it is known that the intentions of law enforcement are to protect and to serve, there are always rotten apples that give the entire system a bad name. If a person is innocent of a DUI charge, then that person should not have to endure the harsh consequences that DUI offenders must deal with, such as a suspended license, court fees, and jail time. A criminal defense attorney would make sure that the rights of the accused aren’t neglected, whether they are indeed guilty of the crime or completely innocent. False DUI charges could also be applied to people who have medical conditions that they shouldn’t be held accountable for. Also in Riverside County was a case in which a male in his early 20s was charged with a DUI when he had an unexpected seizer while driving and swerved on the road. All people who have trouble maneuvering their vehicles while driving aren’t under the influence. People who are falsely accused do have rights, and they deserve proper representation in the court of law.  If you or a loved one has been charged with a DUI, please contact the Law Offices of Rodney Nosratabadi for a free consultation at (714) 955-8365.

Sex offense crimes are especially harmful because they have the potential to greatly tarnish someone’s reputation. Whether a person is innocent or guilty, to be accused of a sex crime could mean that that individual is at risk of losing his or her job and source of income. Those accused of sex-crimes not only potentially face jail time, but also may have to register with the local police department as a registered sex offender. Registered sex offenders in a way are blacklisted; it affects where they can live and what jobs they can or can not have.

A great number of sex offenders are charged with crimes related to inappropriate relations with minors. However, those accused of sex offense crimes not related to minors sometimes get lumped into the same category with pedophiles. People accused of rape who wants to prove their innocence find this most frustrating. One of the most complicated things about rape cases is that the victim usually has public support, and just by lying he/she can cause enough harm to the accused. The same also goes for a younger party who consent to having sex with an adult, but lies about his or her age at the time of sex.

Even in sex offense crimes involving children, if the victim has ill motives towards the accused and wishes to seek vengeance in any way, “crying wolf” could greatly have an impact. It would then be up to the accused to seek professional legal advice from a criminal defense attorney who has experience with similar cases. For the Los Angeles area, and surrounding counties, the Law Offices of Rodney Nosratabadi could help.

Sex crimes can be particularly embarrassing crimes. They have the potential to take a toll on the accused’s professional and personal life. It is unfair for a person to endure harm to his or her reputation, and the risk of imprisonment and sex offender registration just because another person wants to use the court of law for their personal vendettas. Registration with the local police department is a life-long registration..

In the state of California, the Department of Justice host a website under Megan’s Law which lists designated sex offenders throughout California. Anyone in the public with internet access can go onto the website and pull up the name and usually a photograph of registered sex offenders. Listed on the offender’s profile is a physical description and the crime itself. For those individuals who face false convictions, to be publically labeled a sex offender can be very embarrassing. Sex offense crimes are very serious crimes that affect the accused for the rest of his or her life. With a criminal defense attorney, the defendant has a better chance of proving his or her innocence and restoring his or her public image.  If you or a loved one has been charged with a sex offense, please contact the Law Offices of Rodney Nosratabadi at (714) 955-8365 for a free consultation.  Mr. Nosratabadi recently resolved a five count child molestation matter that carried a maximum exposure of 40 years State-Prison, for Probation.