San Diego Criminal Lawyer Blog

Chicago Bears running back Cendric Benson has been charged with driving under the influence of alcohol in Austin, Texas, after he failed a field sobriety test. According to an Associated Press news report, Benson was charged with driving while intoxicated and then released by bond.

This is Benson’s second arrest in a month. Most recently he was charged with boating while intoxicated and resisting arrest. Benson has denied those charges. According to Austin police officials, Benson, who was pulled over for running a red light, refused to take a breath test or provide blood samples.

Driving under the influence is the most common offense in our communities. However, these cases get a lot of attention when they involve celebrities. A person arrested on suspicion of DUI could be charged with a misdemeanor or felony DUI, depending on his or her record and also if there were serious injuries.

If you are arrested in suspicion of drunk driving, you have the right to refuse field sobriety tests and the portable breath test. However, California law mandates that you take a blood or breath test after you are arrested. It is always advisable to take the blood test because breath specimens are never preserved whereas blood specimens are preserved and can be retested later. Not performing field sobriety tests is in your best interest because they are inaccurate and ineffective.

A couple was arrested on suspicion of robbery in Vista at a grocery store after a sheriff’s deputy spotted Arizona license plates on their car and connected them to the robbery, the North County Times reports. Police arrested Manuel Palacio, 33 and his girlfriend Maria Angeles, 27, when they were driving in the 300 block of West Los Angeles Drive when San Diego Sheriff’s Deputy Paul Michalke recognized their vehicle as the one described by a witness in a May 29 robbery at the Stater Bros. on East Vista Way, the article states.

Police say the couple was in the getaway car used by three alleged robbers, one of whom filled a cart with groceries and tried to get out without paying for them. When a store employee tried to stop them and demanded that they pay for the merchandise, one of the three people brandished a gun at the employee, officials say. Palacio and Angeles were also reportedly seen on a surveillance video obtained during the robbery investigation. Police also say that their statements immediately after their arrest “tie them to the robbery.” Police are still looking for the man who brandished the gun.

Robbery is among the more serious of property crimes, especially because it involves the elements of physical threat, violence and use of a weapon. A robbery conviction could mean a lengthy prison sentence, a permanent dent on your record and of course, fines and penalties. If you or someone you know has been charged with robbery, theft or burglary, please call the Law Office of Stephen Brodsky for a free consultation.

Police arrested teenager on suspicion of stabbing a man in Lake Elsinore during a fight. According to an article in The Californian, the boy is 17 years old and remains unidentified because he is a minor. Officials say the incident occurred in the 28500 block of 11th Street. Police arrested the teen after receiving reports of the stabbing. Officers stopped a speeding car and determined the teen, who was in the vehicle, stabbed the man.

Police also arrested the second person in the car about whom no information is available. According to the article, the victim who was admitted to an area hospital, talked to officials and confirmed the two people’s involvement in the stabbing. The 17-year-old reportedly pulled out a knife and stabbed the man on the left side of the chest during their fight. The victim, who has also not been identified, is said to be in stable condition and his injuries, non life-threatening.

When older minors commit violent crimes such as homicide, assault with a deadly weapon, robbery or gang-related crimes, they could be tried as adults. The difference is while juvenile court proceedings are shielded and protected from the public and the media, proceedings in adult court are wide open.

It takes an experienced criminal defense attorney with a thorough knowledge of San Diego juvenile defense law to handle these cases in a competent yet sensitive manner. If your child has been accused of a crime, call the Law Offices of Stephen Brodsky for a complimentary and confidential consultation.

The wife of rapper Snoop Dogg was arrested on suspicion of DUI in Fullerton, according to this news report. Shante Broadus, 32, of Sherman Oaks, was stopped by Fullerton Police. She was cited for a misdemeanor DUI and then released pending a court appearance. There was reportedly no one else in the car.

This story made big news this month, but there is very little information about why Ms. Broadus was cited with a misdemeanor DUI. Did she take a breath test? Did she submit to a blood test? Did she take a field sobriety test?

Not many people know or understand the law when it comes to DUI cases. Did you know you do not have to submit to a field sobriety test? These tests are not a good measure of determining whether someone is intoxicated, so it is in your best interest to decline them. If you are charged with a misdemeanor or felony DUI, you will need a competent and experienced San Diego criminal defense attorney with considerable knowledge of the law.

A DUI charge has serious consequences. It could result in fines, penalties, probation or worse, jail time. Don’t take a chance with your life and your future. If you or a loved one is facing a San Diego DUI charge, call the Law Offices of Stephen Brodsky. We’ll help you fight your DUI and get you the help you need.

The California Attorney General’s office has filed charges of and child endangerment and drunk driving in San Diego against a 27-year-old woman after officials say she confronted an off-duty police officer, an incident which ended with her 8-year-old son getting shot. According to a news article in the Los Angeles Times, Rachel Silva allegedly city off San Diego Police Officer Frank White’s car in traffic and then chased him into an Oceanside parking lot where she slammed her car into White’s.

The crime report states that Silva was behaving in an aggressive manner and was revving her engine as she followed the off-duty police officer into the parking lot. The officer ended up firing five times into her car, hitting her twice in the arm and her son twice in the leg. Silva reportedly has two prior DUI convictions.

People accused and/or convicted of repeat DUI violations run a greater risk of losing their license and the very real possibility of jail time. It’s critical for those accused of repeat DUI violations to get an experienced and extremely competent San Diego DUI defense attorney on their side. An inexperienced attorney could do a lot of damage in your case. Your choice of attorney could make the difference between getting into a drug rehab program or getting an acquittal and spending time in jail.

If you or someone you know has been accused of drunk driving, call the Law Offices of Stephen Brodsky. We will discuss your legal options and get you the help you need.

A father and son got arrested on suspicion of being drunk in public after they allegedly got into a scuffle with a PGA Tour caddie at the US Open in San Diego even as Tiger Woods, Phil Mickleson and Adam Scott were playing their final hole of the tournament, according to this news report. San Diego police officials said Thomas W. Campbell, 62 and his son Thomas Campbell, 38, were heckling some people, which led to their exchange with Tony Navarro.

Police said none of the spectators was hurt in the brief altercation. However, two female police officers who tried to subdue the younger Campbell suffered minor injuries when resisting the police, the article said. Navarro was not arrested, but he was questioned by police.

A disturbance or drunk in public charge is in most cases, a misdemeanor, which means it is a lesser charge than a felony. However, it does not mean there are no consequences. A misdemeanor could go on your record. You could face probation, fines and penalties. If it is a first-time offense, there is a good chance that an experienced San Diego criminal defense attorney could help you clear your name.

If you or someone you know has been charged with a crime, contact the Law Offices of Stephen Brodsky for a free consultation. We will help you analyze your legal options and get you the help you need.

A 48-year-old school bus driver was arrested on suspicion of drunk driving in Salinas while transporting 50 children for Salinas schools, the San Diego Union-Tribune reports. Frankie Mata, 48, was arrested at the end of his Alisal Union School District morning route, the article said. The driver had reportedly picked up and dropped off 50 students at district schools.

According to police reports, Mata’s blood alcohol content was three times over the legal limit for school bus drivers. Mata’s blood alcohol content was at 0.12. He was arrested after officials performed a random drug and alcohol screening on its 10 bus drivers.

There is no question that this school bus driver stands to lose his job and his career if he is convicted of these DUI charges. Any DUI charge is serious, but when a school bus driver is charged with driving under the influence, it could have even more serious consequences. Any defendant who has a lot at stake will be well-advised to retain the services of an experienced and competent San Diego DUI criminal defense attorney.

Your freedom, record, job and career are too precious to entrust to an inexperienced attorney. We have more than 20 years of experience and have devoted ourselves exclusively to the practice of criminal law. We have an excellent track record and have obtained numerous acquittals or reduced/alternative sentencing in DUI cases for numerous clients over the years. If you are facing a San Diego DUI charge, call the Law Offices of Stephen Brodsky right away for a free consultation.

A couple was arrested on drug charges in Apple Valley by police after they found $476,000 worth of marijuana growing inside their home, the North County Times reports. Police arrested Robert Kime, 48 and 52-year-old Rebecca Kime. Charges are pending as officials investigate the incident.

According to the news report, officials obtained a search warrant for the home after suspicious neighbors tipped off the San Bernardino County Sheriff’s Department. Deputies who went to inspect the home located in an unincorporated area of Apple Valley reportedly saw the marijuana plants and the elaborate growing operation through a window. Investigators confiscated 136 marijuana plants from the home.

The type and quantity of the illegal drugs involved in your case largely determine how serious your case is. Also important is whether you have a prior criminal record. A defendant with multiple strikes or prior felony convictions will face way more serious consequences in San Diego drug crimes than someone who has no criminal record or a relatively minor record.

If you have been accused of a drug crime, you need a criminal defense lawyer who is able to understand the law of illegal searches and seizures. The first line of defense in any drug case is to evaluate whether or not police conducted an illegal search of your home. If you have been accused of a drug crime in San Diego, please call the Law Offices of Stephen Brodsky for a free consultation.

A trial date has been set in September for a La Mesa city employee who was charged with driving under the influence after she was found slumped behind the wheel of La Mesa Mayor Art Madrid’s SUV. According to an article in the San Diego Union-Tribune, 34-year-old Trisha Turner is facing one misdemeanor count of driving under the influence. She faces up to six months in jail if convicted.

Prosecutors say Turner, who worked in the city’s finance department, was keeled over beside the wheel while the mayor had passed out on the sidewalk near the passenger door. Police apparently saw vomit in the vehicle, but did not conduct field sobriety tests or cite either of them. Officers reportedly drove them both to Madrid’s house which was a block away from where they were found.

Evidence is key for any criminal defense case, especially so for drunk driving cases. If you have been charged with DUI, you are looking at serious consequences including losing your job, your driver’s license and your future. The circumstances of how you were arrested, the procedures police officers followed or didn’t follow when they arrested you – all play a very big part in defending your DUI.

You need an experienced and knowledgeable San Diego DUI defense attorney who will approach the case aggressively, analyze the evidence and use it to your advantage. If you or a loved one has been charged with a DUI, call Stephen Brodsky for a free consultation.

A 24-year-old man was arrested on suspicion of murder and drunk driving after he reportedly rear-ended another vehicle in Encino. Two people were killed in that accident, which police say was caused by Sean Mishlof, according to an article in the Los Angeles Daily News.

The accident occurred when Mishlof allegedly slammed his 1995 Mercury Mystique into a 1990 Nissan Sentra near the intersection of Ventura Boulevard and Densmore Avenue. Mishlof reportedly remained at the scene of the accident and was arrested.

Drunk driving charges could be misdemeanors or felonies depending on the circumstances of the incident, the driver’s level of intoxication and most importantly, the damages, injuries or loss caused by the accident. In cases where DUI accidents result in catastrophic injuries or death, there will be charges of vehicular manslaughter or murder in addition to the drunk driving charges.

Obviously, these are the most serious category of charges among DUI charges. A murder conviction could bear extremely serious consequences. It could result in 25 years to life in prison, hefty fines and other penalties. It could put your entire life and future in jeopardy. If you have been charged with drunk driving, vehicular manslaughter or murder, entrust your case to an experienced and competent attorney, who has a thorough knowledge of DUI law and an excellent track record of being a San Diego criminal defense lawyer. Call Stephen Brodsky today for a free consultation.

Police say that three people were hurt in a San Diego auto accident caused by a drunk driver. All three were in the same car and the driver of the car was the one facing the DUI charge, according to this news blog. The driver reportedly slammed into the back of a slow moving tractor trailer in Kearny Mesa.

A 22-year-old woman was at the wheel. Her passenger who was riding in the back seat suffered a broken hip while the driver and a passenger in the front seat suffered minor injuries, the blog said. All three were taken to an area hospital. No one in the truck was injured.

Drunk driving investigations are tricky, but the result of a DUI investigation could make or break your future. A drunk driving conviction means that you could lose your driver’s license, which could jeopardize your job, career and your future. If you or someone you know has been charged with a DUI, you need an experienced and competent San Diego DUI defense lawyer on your side, fighting for your rights, listening to your side of the story and conducting a thorough, independent investigation.

If you have been accused of drunk driving in San Diego, call the Law Offices of Stephen Brodsky. We will work hard to get you an acquittal or reduced or alternative sentencing. We’ll represent you at your DMV hearing and help you keep your driving privilege so your work and ability to make a living will not get affected. Call us today for a free consultation.

A 31-year-old San Diego woman, who was arrested in connection with a bombing outside the downtown federal courthouse, has been indicted by a grand jury bringing the case closer to a trial, the San Diego Union-Tribune reports. Rachelle Lynetter Carlock has pleaded not guilty to charges of purchasing gun powder and using a stolen identity.

The hearing in this case has reportedly been set for July 23 in San Diego. The bombing occurred May 4 and officials have been investigating Carlock’s involvement with the incident since. She is charged with buying two pounds of Hodgdon Triple Se7en powder on April 7 and two more on May 1, three days before the alleged bombing. On May 13, she reportedly returned to the store.

One of the employees reported her as suspicious to police when she became visibly “spooked” as he requested her driver’s license, which was apparently a new store policy. Officials got her finger prints from bottles of powder she touched in the store and finally learned her real identity, the article said.

Charges alleging terrorism and acts of violence have tremendous consequences. A conviction will mean time in prison, hefty fines and huge penalties. It takes a smart, competent and experienced criminal defense attorney to conduct an independent and thorough investigation and find those gaps in the prosecution’s case. If you have been charged with a felony or a violent crime, call the Law Offices of Stephen Brodsky today for your complimentary consultation.

San Diego police arrested a man on suspicion of driving under the influence after he slammed into a parked vehicle in the Bay Ho neighborhood, according to this news article. The man’s passenger suffered serious injuries in the accident, the article stated.

The man, who has not been identified, was reportedly driving a 1998 Mitsubishi north on Clairemont Drive near Indian Way when he struck the parked car and his vehicle rolled over several times. The passenger in the Mitsubishi suffered a broken neck and a torn ear and had to be transported to an area hospital. The driver suffered minor injuries and is facing DUI charges.

A driving under the influence (DUI) charge is serious and can result in serious consequences ranging from fines and penalties to jail time if you have a prior record. You need an experienced and competent DUI criminal defense attorney to uphold your legal rights. There’s a lot at stake when you are faced with a DUI charge. You could face a DMV license suspension and jeopardize your career.

If you or a loved one has been charged with a DUI, call an experienced DUI defense lawyer at the Law Offices of Stephen Brodsky for a free, comprehensive and completely confidential consultation.

Five juveniles were reportedly arrested on suspicion of vandalizing three peers’ homes in Carmel Valley and they now face possible juvenile hate crime charges in connection with the incident. According to an article in the North County Times, the alleged vandals sprayed one house with a fire extinguisher, ripped off landscape lighting wires, duct-taped door knobs and drew a swastika on a duct-tape stuck to the window of a Jewish home.

Juvenile crimes could be misdemeanors as with vandalism or tagging or they could be more serious felonies involving violent crimes such as homicide, sexual assault, robbery or assault and battery. Whatever the nature of the crime, our main goal as juvenile crime defense attorneys, is to keep your child out of jail and get them the help they need.

You need a juvenile defense attorney who has a thorough and comprehensive knowledge of juvenile law to competently represent the minor. There are many things parents and guardians don’t know about juvenile law. For example a minor may be eligible for informal probation, which means that if he or she complies with a probation officer’s plan of supervision, the charges will be dismissed after the probationary period. Most parents also are not aware that they can be held liable for monetary losses caused by crimes their children commit especially in vandalism or tagging cases where property damage is involved.

If your child has been accused of a crime, please call the Law Offices of Stephen Brodsky for a free and confidential consultation.

A man who was convicted of driving under the influence in Carlisle, Pa. reportedly took a 25-mile hike to the courthouse for his sentencing because he couldn’t get a ride. According to this Associated Press news report, 33-year-old Stephen Shoemaker did not have a car or a driver’s license. So he started walking to the courthouse at the crack of dawn to make it for a 9:30 a.m. sentencing.

But he didn’t make it. It was 3:30 p.m. when he reached the courthouse and the judge had issued an arrest warrant because Shoemaker had “failed to appear” for his sentencing. He was late because he had to take a detour to be treated at a hospital for dehydration. He was hoofing it in 90 degree heat. Thankfully, the judge after hearing about his plight, agreed to defer the hearing until July. The public defender ended up giving Shoemaker a ride home.

This story is only the tip of the iceberg when it comes to the problems DUI defendants and those convicted of a DUI face. As in Shoemaker’s case, a majority lose their driver’s license. A DUI conviction could also mean jail time and paying hefty fines and penalties. Don’t let this happen to you. It takes a skilled and experienced DUI defense attorney to fight your DUI and defend you successfully. Call us today for a free consultation. We have an excellent track record with getting our clients acquitted of DUI charges or helping them get alternative sentencing.

Three men were arrested on suspicion of homicide after police said they beat a man so severely in Downtown San Diego that he died hours later, the San Diego Union-Tribune reports. The three men who were arrested were: Felipe Pineda, 38; Edgar Cortez, 21 and William Alfonso, 19. The victim, 50, was also from San Diego, but officials have not released his name.

According to police reports, the victim argued with three or four men on K Street near Park Boulevard two blocks east of Petco Park in East Village. The fight got out of hand and the men beat the victim on the head and face, the article said. Police arrived on scene at which time the alleged assailants ran away. Paramedics transported the victim to an area hospital, where he died.

Homicide and murder are the most serious offenses in the United States that bear the most serious consequences. Prison time is certain if the charges result in a conviction. In some cases, the prosecution will seek the death penalty in murder cases. Most result in lengthy prison sentences, sometimes life in prison without the possibility of parole.

Mistaken identity is a common factor in numerous murder cases. New DNA technology has proved in many murder and rape cases that the prosecution got the wrong guy simply because a witness may have picked the wrong person out of a police lineup. If you have been charged with a homicide or murder, you need the best San Diego criminal defense lawyer you can get. You need an aggressive defense attorney with the knowledge, experience, skills and resources needed to get you acquitted. If you have been accused of murder, homicide or a serious violent crime, call the Law Offices of Stephen Brodsky for a free and completely confidential consultation.

A 56-year-old woman suffered critical head injuries after her 14-year-old daughter hit her in the head with a hammer, according to a CBS news report. The girl, whose name has not been released because she is a juvenile, allegedly struck her mother on the head with the blunt instrument, when her father and 21-year-old sister were asleep in the home, the article said.

The mother suffered very severe injuries and is not expected to survive. The girl could be charged with murder if her mother dies, officials said. A motive for the alleged assault is not known. The teenager has now been arrested on suspicion of assault with a deadly weapon.

This is an extremely tragic incident given the relationship between the two people involved, the circumstances and the age of the girl. Juveniles can be prosecuted for any of the same crimes for which adults can be prosecuted. This 14-year-old girl will most likely not be tried in adult court, but in some other cases where the defendant is close to 18 years of age, the prosecution may decide to try them as an adult.

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A 47-year-old woman has been ordered to stand trial on charges of gross vehicular manslaughter and driving under the influence of alcohol in connection with the death of another motorist in an Aug. 31 traffic accident. According to a news article in the San Diego Union-Tribune, Deborah Schofield was charged in the death of 29-year-old Joseph Raby Jr. Prosecutors say Schofield crashed her Ford Mustang into Raby’s pickup truck on Route 56 near Carmel Valley Road.

Prosecutors also say Schofield’s blood alcohol level was 0.25 percent when tested less than two hours after the collision – that’s more than three times over the 0.08 legal limit. Prosecutors also presented witnesses during a preliminary hearing who testified that Schofield was driving erratically right before the crash, that she drove 17 feet off the road and then swerved back onto the highway and crashed into Raby’s pickup. If convicted, Schofield faces up to 10 years in prison.

We don’t know how police officers determined Ms. Schofield’s blood alcohol level – whether they drew blood or performed a breath test. Breathalyzer tests are among the most common type of testing done by police officers who determine whether or not a driver is under the influence of alcohol. But Breathalyzer tests are not completely foolproof and many times, results may be misleading. So it's important to find a DUI lawyer

Continue reading " Woman to Face Trial In Fatal San Diego DUI Crash " »

A high school geography teacher in La Mesa has been arrested on suspicion of having sex with a 16-year-old girl in a hotel room, according to a news report in the San Diego Union-Tribune. Gary Wilcox, 43, who was also the girl’s soccer coach at Helix High School, has taught at the school for almost 13 years and has been put on administrative leave pending the outcome of the investigation into the La Mesa sex crime, the newspaper reports.

Wilcox is said to have had sex at least once with the girl, who is now 18 and still a student at the high school, the article states. School officials reportedly released a statement saying they were shocked at the allegations. Wilcox is being held on $70,000 bail and reportedly admitted to having sex with the girl to officers. A third person is said to have reported the incident to officials.

In this case, the teacher reportedly admitted to “committing the crime,” which here is child sex abuse charges. Admitting to these alleged offenses can spell the end of a person’s career, especially for a teacher who is all the time interacting with minors. If convicted of this crime, Mr. Wilcox will lose his job, possibly face jail time and will be required to register as a sex offender for the rest of his life.

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Nearly 100 San Diego State University students were arrested for drug crimes in San Diego following a massive undercover bust on campus after officials began investigating a student’s fatal cocaine overdose last spring, according to an Associated Press news report. Authorities reportedly confiscated $60,000 in cash and a variety of drugs including marijuana, psychedelic mushrooms, methamphetamine, illegal prescription drugs, cocaine and ecstasy.

Among the 75 students who are facing drug charges is a student who was about to receive a degree in criminal justice and another who was going to get a master’s degree in homeland security. Police investigators reportedly executed nine search warrants at various campus locations including fraternities.

These are indeed serious charges for students to be facing. They have their entire future ahead of them and these drug crime allegations will very likely put a permanent dark cloud over their lives. It is very important that these students who have been charged with these drug crimes immediately retain the services of a competent and experience San Diego criminal defense attorney.

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A 19-year-old woman has been arrested on suspicion of felony driving under the influence in Chula Vista after she reportedly drove the wrong way on a street and crashed into a sport utility vehicle carrying eight people. According to a news report in the San Diego Union-Tribune, the woman, who has not been identified, went west on the eastbound lane of Olympic Parkway and crashed into a Honda SUV injuring all eight people in it.

The 19-year-old suspected DUI driver was also taken to the hospital with serious injuries and arrested on suspicion of felony DUI. The range of injuries for the people in the SUV is being described as “minor to moderate,” the newspaper reports. No further information was available about how police determined that the driver was intoxicated or impaired. There is also no information about whether blood tests or a breath test was done and what the woman’s blood alcohol level was at the time of the accident.

A San Diego felony DUI charge is certainly a serious allegation that could have extremely serious consequences for the defendant. You could lose your driver’s license and possibly your job and income in the process. If you have been charged with driving under the influence of alcohol/drugs, you should hire an experienced and knowledgeable San Diego DUI lawyer to fight your DUI.

Continue reading " Wrong-Way Driver In Chula Vista Crash Faces Felony DUI Charge " »