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You have two prior strike felony convictions. That means that any felony you’re convicted of in the future, risks a prison sentence of 25 to life. You’re driving down a road in Santa Ana and you see a police officer’s patrol car stopped at a red light. What do you do? Slow way down? Take a quick right? Prosecutors say David Araujo Reyes of Santa Ana inexplicably gunned the car and ran right into it, injuring the officer inside. He then got out and surrendered.

Aggravated assault, or assault with a deadly weapon, is a type of assault that can cause great injury to another person. These kinds of criminal offenses are known in Orange County as “wobblers.” A prosecutor can file an assault or aggravated assault charge as either a misdemeanor or a felony, depending on the circumstances of the crime.

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The Huntington Beach Police Department is cutting $1.5 million from this year’s budget. It will cut $1.1 million budget from next year’s budget?  Just how are they able to do that and keep us safe at the same time?

The Huntington Beach Police Department in Orange County has already cut 50 positions in the last four years, and more are expected. Desk hours have been reduced. Residents are encouraged to report crime online instead of calling an officer out to their home. (The Department does make an exception to this reporting recommendation for domestic violence cases or other cases where violence may be imminent.)

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The adult film star Jenna Jameson allegedly crashed into a light pole in the Orange County city of Westminster recently. When officers arrived, she was showing signs of intoxication, so police conducted a field sobriety test, which she failed. Her blood alcohol content (BAC) was above 0.08, and she was arrested for driving under the influence.

While criminal law is clear on the definition of DUI, it is not clear on what you should do if you are stopped for DUI. Jenna Jameson’s first mistake was in taking the field sobriety tests. Did you know there are no consequences to refusing these tests? You should exercise that right.

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Mark Vasquez was leaving an Orange County nightclub at 2am and made an insulting remark to his friends about a Marine who was also leaving. The Marine, Alex Martinez, took offense, and confronted Vasquez. That’s when the criminal violence began.

Martinez started bouncing around like a boxer, and Vasquez felt threatened. Vasquez threw the first punches and knocked out Martinez. Because Martinez was drinking heavily that night, his blood alcohol content (BAC) was 0.29. As Martinez fell, he banged his head badly, and was hospitalized in critical condition. Fortunately, Martinez has recovered since this incident and is back on active duty.

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Just two years ago the Orange County criminal inmate population was low enough that  Orange County actually closed down a few criminal jail wards. Coincidentally, the State of California decided at that same time, that its prisons were overflowing and it enacted legislation to send a good percentage of state prison criminal inmates back to the counties from which they were sentenced, to be housed by the local jails.

This would be a convenient use of public resources, except that since this “realignment” in October, 2011, Orange County jail populations have increased steadily- mostly through minor DUI and domestic violence arrests.

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In a recent story from the Orange County Register, the wife of Oceanside police chief Frank McCoy suffered a fit of depression in 2010 that stemmed from a domestic argument between her and her 17-year old son. Outraged that Mr. McCoy took the side of the son during the dispute, wife Brinda McCoy, 49, took the law into her own hands. She grabbed a gun and initiated a fierce standoff with police officers outside their Cypress home in Orange County, at one point firing several shots in the direction of officers before coming out her front door saying, “f——– shoot me,” disobeying officer’s orders for her to show her hands. She was quickly subdued by the SWAT team and arrested.

During the criminal trial, prosecutors contend that McCoy ignored the law by waving and pointing her husband’s service semiautomatic handgun at them and firing twice. McCoy denied seeing officers, or shooting at them. On June 18, 2012, Brinda McCoy was convicted of five counts of assault on police officers. Although she walked out of the courthouse on bail and in tears, she is lucky to be alive. Pointing or firing a handgun at police officers will result in police firing back with intent to kill. Similarly, disobeying police orders to show her hands increases tension in officers already on edge, knowing she was in possession of a weapon that she had already fired twice.

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Many factors can affect intoxication levels in drunk driving cases. You should consult with a knowledgeable Irvine DUI lawyer to discuss what specific factors may have affected your case. This writing will provide insight into two common factors at issue in many DUI cases.

Factor 1: Stomach Problems

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Support letters come into play around the time of sentencing. The purpose of support letters is to give the judge a different perspective from that which has been learned from the trial. At this point, the judge has heard the evidence, a judgment has been rendered, and your Irvine criminal lawyer can only do so much to ask for leniency. Heartfelt letters from your friends may well be crucial in the judge’s decision as to the length of your sentence.

What the Letter Should Say

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This week Marston Heffner, son of the Playboy founder Hue Heffner, was accused by girlfriend Claire Sinclair of domestic violence. At first calling her parents (who then called the police) the former Playmate of the year claimed that he “punched and kicked” her in their Pasadena apartment.  While unofficial pictures circulating the internet show a small bruise on her shoulder presumably from the “punching and kicking” it is possible that the mark was caused by something else. Like many women in alleged incidents of domestic violence, Sinclair asserts that she does not want to see Heffner go to jail. She is, however, demanding an apology, and has obtained a temporary restraining order against him. The temporary order lasts about a week until a formal hearing occurs.

Despite his girlfriend’s request to withhold punishment,Heffner could still face charges by the state under California Penal Code 273.5 or Penal Code section 243e(1). He could face either a fine up to $6,000 dollars or five years in prison or both depending on the severity of his case.  It appears that this was a first offense for Heffner and that could prove mitigating in defending his case.

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Drivers in Newport Beach may want to stay off of Newport Boulevard tonight, where traffic is bound to back up and waits could be up to an hour or more. The Newport Beach Police Department will be conducting a sobriety or DUI check point on Newport (northbound) at Finley Avenue from 8pm until 3am.

This area in particular was chosen for the stop because of its proximity to local restaurants and bars and because of the number of DUI-related accidents in the area, according to the Orange County register.

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