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When you need an effective criminal defense attorney, there is no better attorney than Sara Caplan. At the Law Office of Sara Caplan, we understand fighting against criminal charges can be difficult and you need a very experienced criminal defense lawyer. If you are charged with a crime, especially a criminal offense, your reputation and life are at stake. Having a criminal record can have devastating consequences on you and your family. Whether it’s DUI cases or drug charges you are trying to fight off, Law Office of Sara Caplan is committed to get the best possible outcome.  

When you need a reliable criminal defense lawyer, Sara Caplan is on your side. Law Office of Sara Caplan is the nation’s premier criminal defense lawyer firms and is often consider the best in California. Over the 25 years span, Sara Caplan has thousands of successful cases. Sara Caplan has many years of experience defending clients’ rights, and some of her specialties are:

DUI Cases
While there are many reasons why a driver decides to drive under the influence (by drugs or alcohol or both), the outcome can be quite serious. If you are one of the drivers, this is not the time to panic. You should hire an experienced attorney immediately.  Conviction of such criminal offense can lead to license suspension, reckless endangerment, and/or jail time. When you need a reliable DUI defense lawyer, Sara Caplan is there to help. 

Drug Charges
In California, distributing and/or producing drug charges can be serious criminal offenses. If you are wrongfully charged with a drug crime, you need to find a defense lawyer that is willing to hear you and strategically defending in your favor. No matter which drug crime you are charged with, Sara Caplan will do whatever she can to fight for you.

Sex Crimes
Charged with a sex crime can affect all aspects of your life. If convicted as a sex offender, it can destroy your relations with your work, family and friends. Therefore, you need an experienced criminal defense lawyer to protect your rights. Law Office of Sara Caplan is more than ready to help you to get your life back.

Probation Violations
If you are accused of violation probation terms, you need to find an aggressive and experienced criminal defense lawyer for your case. Depends on types of violations, some violations are quite serious and can lead court judge to impose new conditions. When you need a probation violation lawyer to defend you, Sara Caplan is the one you need. 

Domestic Violence
When conversation gets heated, using physical force upon a loved one is always against the law. In some cases, it’s necessary to defend self against violent behaviors. When charged with a domestic violence allegation, it can cause great stress thus it’s necessary to find an experienced attorney to defend you. At Law Office of Sara Caplan, we are here to defend those who are wrongful accused of domestic violence. 

Federal Cases
When dealing with a federal charge, it’s important to have an attorney who has federal case experience and has extensive knowledge about federal laws. In the past, Sara Caplan has worked on many white-collar fraud cases with high success rate. 

Felony
A Felony crime is a serious crime punishable by at least one year in prison or more and even life in prison. Charges for a felony vary and have different penalties according to the crime committed. Examples of a felony crime are: fraud, identity theft, sexual abuse, mayhem, murder/manslaughter and kidnapping. People that have been convicted of felonies lose certain rights; for example, the right to vote. Even after being released from jail, people convicted of crimes may have to register with the police. There are significant long lasting effects in an individual’s life when convicted of a felony.

Misdemeanor
A misdemeanor is a crime that is usually punishable by a fine or up to one year in jail. All crimes that are not felonies are misdemeanors. The first offense is seen as a misdemeanor any offense that is repeated is seen as a felony. A few examples of misdemeanors include: trespass, petty theft, disorderly conduct, and domestic violence. Similar to a felony, a misdemeanor will show up on your record, and can affect your life.

Sex Crimes
A sex crime is a criminal offense involving illegal sex acts. A few examples of sex crimes involve sexual abuse, rape, prostitution, and possession of or distribution of pornography. Being convicted of a sex crime you will be a registered sex offender, and serve other penalties such as, serving time in state prison. This can have an impact in all aspects of your life.

Drug Crime
Drug Crimes are most common, because drug crimes can vary in different cases the conviction you face may not all be the same. Some people get charged with a misdemeanor but in other cases charged with a felony. Drug crimes involve illegal drugs such as heroin, cocaine, marijuana and any other highly addictive drugs. Drug crimes include possession, transportation, trafficking and manufacturing of illegal substances. The charges for this criminal offense can be harsh.

DUI Convictions: Criminal Penalties
A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:

• Whether the driver has a history of DUI violations;
• Whether the driver was operating a commercial vehicle at the time of the DUI;
• Whether the DUI violation occurred while there was a child in the vehicle;
• Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;
• Whether the DUI violation involved a car accident in which property damage occurred;
• Whether the DUI violation involved a car accident in which another person was injured or killed;
• Whether the driver was under the legal drinking age at the time of the DUI violation.

For a state-by-state listing of certain penalties associated with DUI, click here.

DUI Arrest and Conviction: Driving Privilege Penalties
In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges.

Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.

As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.

Tuesday, 01 March 2011 00:32   
AN ATTORNEY'S NIGHTMARE

Charlie Sheen has been making a lot of public statements that are not only painful to watch, but, if he has legal representation, are every attorney’s worst nightmare. When a client comes to an attorney for help after they have made statements to the police or in public, it is always much more difficult to defend them-although not impossible.

Every United States Citizen has the right to remain silent under the Fifth Amendment to the Constitution of the United States and the states in which they reside. This means that they cannot be compelled to provide evidence against themselves, nor can their silence be used against them in criminal proceedings. This privilege is not common in most other countries where suspects can be held without bail and required to cooperate with an ongoing investigation.

Often defendants who have made statements think that they have helped themselves. However, when criminal proceedings begin and the police reports are turned over to the defense in discovery, their words have always been used against them. This was clearly exemplified when Martha Stewart was taken by her attorneys to speak with government agents regarding an insider trading matter they were investigating. They apparently did so with no leverage because Ms. Stewart was convicted by her own words and ended up doing a term in federal prison.

Aside from waiving any right to put forth a defense that the statement was unconstitutional (unless in custody duress can be established), these statements put the suspect at the scene of or show him directly involved in the matters being investigated. Otherwise, police would have to prove these facts by independent evidence rather then directly out of the suspect’s mouth.

Furthermore, even if the legal matter is civil, public statements pin the person down to a position that will be difficult to change later, if necessary. Such statements clearly establish the person’s view and interpretation of facts which, if established to be otherwise, defeat the person’s position.Nowadays with all of the social networks, photographs and statements available online, they can be and often are obtained by the police and used to incriminate suspects and witnesses. Conversely, a good criminal defense attorney will definitely seek background information from the internet for cross examination purposes on victims and witnesses.

Law Offices of Sara L. Caplan

P.O. Box 3335

Beverly Hills, CA 90212

Office: 310-550-5877

Fax: 310-362-0411

www.saracaplandefense.com
 
Thursday, 24 February 2011 00:27   
LINDSAY LOHAN-PRELIMINARY CRIMINAL PROCEEDINGS

Today Lindsay Lohan appeared in court and her attorney Shawn Chapman Holley, was ordered to prepare for a preliminary hearing on the theft charges regarding a necklace from a Venice, CA jewelry store. At this time it will also be determined whether she is in violation of her probation on her original 2007 DUI charge. The judge would have discretion whether to sentence her on both and has indicated that if Ms. Lohan entered a plea in his court she would be facing jail time.

All defendants who are charged with felonies are entitled to a Preliminary hearing at which the prosecution has to demonstrate that it has sufficient evidence to require the defendant to stand trial on the charges. The burden of proof is very low meaning that the prosecution must show minimal evidence to prove the elements of the crime and the likelihood that the defendant did it. Even if contradictory or inconsistent evidence is admitted on key issues, the matter will be held for trial because a question of fact will exist as to those issues.

The Los Angeles County District Attorney’s Office has a policy regarding its "Early Disposition Program." This means that a plea offer given prior to the preliminary hearing is supposed to be the best offer the defendant will get, and they advise that the offer could get worse, if the case proceeds to preliminary hearing. This means that the attorney must be really prepared, aware of all facts and circumstances pertaining to the allegations, the investigation, the evidence and the client’s condition and state of mind. This, minimally is required in order to fully defend a client and determine whether the plea offered is appropriate or whether there is a valid defense that should be pursued on behalf of the client.

Law Offices of Sara L. Caplan

P.O. Box 3335

Beverly Hills, CA 90212

Office: 310-550-5877

Fax: 310-362-0411

www.saracaplandefense.com
 

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