Hermosa Beach Criminal Defense Attorney

HERMOSA BEACH CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER
Hermosa Beach, CA is a small beach town, located in the South Bay region of Los Angeles, in SW LA County.  Hermosa Beach is located just South of Manhattan Beach and LAX, North of Redondo Beach and West of Gardena, Lawndale and Torrance.  Only 15 blocks wide and 40 blocks long, Hermosa Beach has fewer than 20,000 residents.  Hermosa Beach is upscale, but younger than neighboring Manhattan Beach. 

Still, Hermosa Beach, particularly the Hermosa Beach Pier, draw people from across the South Bay, Los Angeles and tourists from all over the world.  With a great selection of bars, shopping and restaurants, Hermosa Beach is a fun place, especially popular on weekends and in the Summer.  The beach brings people from all over LA, who come to Hermosa for surfing, fishing, laying out or beach volleyball.  This gives Hermosa a more quaint feeling than nearby Venice or Santa Monica, while still offering residents plenty of options for shopping, entertainment, dining and nightlife.

Hermosa Beach Police Department is in charge of law enforcement for Hermosa Beach.  Criminal cases are heard at the Torrance Courthouse.  Hermosa Beach is a safe place, but that does not mean that there are not plenty of arrests and criminal charges.  Mostly, alcohol-related arrests for DUI, public intoxication/drunk in public, minor in possession of alcohol, minor in possession of a fake ID, and furnishing alcohol to a minor.  Drug crimes and marijuana crimes are also fairly common in Hermosa Beach, with beach and bar patrons sometimes being caught possessing, using or selling drugs.  Less common, but still prevalent are theft offenses (mostly petty theft from retail locations) and domestic violence arrests.

If you have been arrested or charged with a crime in Hermosa Beach, a Los Angeles Criminal Defense Attorney can help.  You are scared, nervous and have a lot of questions about the court system, the likely outcomes and the possible defenses you might have.  Call the Law Offices of Nicholas Loncar for a free consultation with a knowledgable, skilled criminal defense lawyer.  Criminal charges do not have to mean a criminal conviction or jail time, but you need to be proactive.  Getting a lawyer on your side to fight for your rights is the first, and most important, step in securing the best possible outcome in your case.  Whether you need to avoid a misdemeanor or felony conviction, jail time, or negative immigration consequences, an aggressive criminal defense lawyer can work to help you achieve those goals.  Innocent people get charged with crimes, and sometimes good people make poor choices.  It is our primary objective to make sure that neither will ruin your life or get in the way of your future success.

EXAMPLE of a Hermosa Beach Criminal Case:
Jen is celebrating her 23rd birthday with her friends at a popular bar in Hermosa Beach, right by the pier.  Jen parked her car in a friend's driveway nearby, and is not planning to drive home.  She has had a lot to drink, taking shots with her friends throughout the evening.  Although Jen does not usually use any drugs, she took some Xanax and used cocaine.  Additionally, she has a small bag of cocaine in her purse.  Jen and two friends leave the bar for a minute, planning to go to Jen's car to do some cocaine.  Just as Jen presses the unlock button to unlock her car doors, a Hermosa Beach Police officer, who had followed them since leaving the bar, approached and ordered Jen to put her keys down and walk over to him.

Drunk, and scared, Jen walks over to the officer, smelling like alcohol, swaying and appearing visibly intoxicated in the face.  The officer asks Jen where she was going and she said that were just going to get something from the car.  The officer then asks Jen to perform a series of field sobriety tests.  Jen takes her shoes off and tries to perform the tests as instructed, but repeatedly loses her balance.  Next, the officer asks Jen to blow into a Preliminary Alcohol Screen (PAS) device and she does.  It is important to note that Jen has a right to refuse both the field sobriety tests and the PAS, giving the officer less evidence to use against her.  The test results show Jen's BAC is .24, three times the legal limit.  While PAS tests are not 100% accurate, the high reading, paired with Jen's performance on the field sobriety tests is strong evidence that Jen is too impaired to drive.  Jen is arrested for DUI and transported to the police station.

At the station, Jen is asked to perform a chemical test, and chooses to do a breath test.  Her BAC is now .22.  Jen wisely chose to submit a breath, rather than blood test, being that her blood would also have evidence of the Xanax and cocaine in her system.  Upon booking, the officers search Jen's purse and find cocaine.  Jen is now charged with DUI (VC 23152(a) and VC 23152(b)) and Possession of a Controlled Substance (HS 11350).

Jen bails out of jail and hires a Los Angeles Criminal Defense Attorney to assert her rights, fighting the charge.  Her lawyer first attempts to negotiate with the DA and the police, explaining that Jen was not going to drive, and that she should not be charged with DUI.  The DA files the case anyway, and the police submit the arrest to the DMV.  Jen's lawyer wins the DMV hearing, noting that there was no evidence of driving in this case.  In court, Jen's lawyer files a motion to suppress pursuant to PC 1538.5 at her preliminary hearing.  The lawyer argues that the police did not have probable cause for arrest in the case.  That without evidence of driving, a reasonable officer could not arrest Jen for DUI.  Further, since the search that yielded the cocaine was incident to that arrest, it should be suppressed as it violated Jen's Fourth Amendment rights.

The judge grants the motion, and dismisses the DUI, on grounds that there was no evidence that Jen drove a car.  This is the best outcome, but is only possible with skilled and knowledgeable legal work.  Filing the right motions and making the right arguments in court make a big difference.

Speak to a Los Angeles Criminal Defense Attorney now.  If you have been arrested or charged with a crime in Hermosa Beach, Redondo Beach, Manhattan Beach or anywhere else in the South Bay or Los Angeles, contact the Law Offices of Nicholas Loncar for a free consultation.

Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
TOLL FREE: 888.200.9454
www.iDefendLosAngeles.com
[email protected]

Published By: Nicholas Loncar | Written by Nicholas Loncar