West Hollywood Criminal Defense Attorney

WEST HOLLYWOOD CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER

West Hollywood, CA is a city on Los Angeles' west side.  Bordering Hollywood, Hollywood Hills, Beverly Hills and LA's Fairfax district, West Hollywood has a population of just under 35,000.  Despite its small residential population, West Hollywood has become an important part of LA life and culture.  With some of the best restaurants and nightlife in Los Angeles, West Hollywood has certainly made a name for itself as an entertainment destination for Angelenos and tourists alike.  Sunset Boulevard and Melrose Avenue are big draws for West Hollywood.  West Hollywood is also a prominent neighborhood for Los Angeles' gay community, with gay men making up over 40% of the population.

West Hollywood is a safe community, but the nightlife and large crowds who come to West Hollywood to drink alcohol and do other drugs, there are plenty of arrests.  The LA Sheriff's Department operates the West Hollywood Sheriff's station and is in charge of law enforcement for West Hollywood.  LAPD is responsible for law enforcement in nearby Hollywood, and Hollywood Hills, with the Beverly Hill's Police Department policing nearby Beverly Hills.  Criminal cases arising out of West Hollywood arrests proceed to the Airport Courthouse, near LAX.  Both felonies and misdemeanors are prosecuted by the LA County District Attorney's office.  West Hollywood contracts with a private law firm for enforcement of some municipal code violations.

Drug and alcohol-related arrests are most common in West Hollywood.  Drug crimes include simple possession to sales and transportation for drugs such as marijuana, ecstasy, molly, cocaine, heroine, methamphetamine, prescription pills (pain killers, xanax, valium, ketamine, etc.).  DUI enforcement is a top priority in West Hollywood, as it is in most of LA County.  Domestic Violence cases are also prosecuted harshly.  Theft crimes are not uncommon with West Hollywood's sizable retail presence.  With drugs and alcohol often involved, sex crimes are also more common in West Hollywood than in most of LA.

If you have been arrested or charged with a crime in West Hollywood, Hollywood, Hollywood Hills, Beverly Hills, Fairfax, or anywhere else in LA, you need a skilled, passionate Los Angeles Criminal Defense Attorney to fight for your rights and aggressively assert your defenses.  Contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  

EXAMPLE OF A WEST HOLLYWOOD ARREST AND CRIMINAL CASE:
Jackie is celebrating her 24th birthday with her friends at a popular bar in West Hollywood's Sunset Strip.  Jackie 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 Jackie does not usually use any drugs, she took some Xanax and used cocaine this particular evening.  Additionally, she still has a small bag of additional cocaine in her purse.  Jackie and two friends leave the bar for a minute, planning to go to her car to do some cocaine.  Just as Jackie presses the unlock button to unlock her car doors, a West Hollywood Station LA Sheriff's Deputy, who had followed them since leaving the bar, approached and ordered Jackie to put her keys down and walk over to him.

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

At the station, Jackie is asked to perform a chemical test, and chooses to do a breath test.  Her BAC is now .22.  Jackie 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 Jackie's purse and find the cocaine she had.  Jackie is now charged with DUI (VC 23152(a) and VC 23152(b)) and Possession of a Controlled Substance (HS 11350) and must appear at Airport Courthouse to defend herself against a felony and a misdemeanor.

Jackie 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 she 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.  Jackie's lawyer wins the DMV hearing, noting that there was no evidence of driving in this case.  In court, Jackie'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 Jackie for DUI.  Further, since the search that yielded the cocaine was incident to that arrest, it should be suppressed as it violated Jackie's Fourth Amendment rights.

The judge grants the motion, and dismisses the DUI, on grounds that there was no evidence that Jackie ever 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.

Being arrested or facing criminal charges is scary.  You likely aren't very familiar with the criminal justice system and are unsure what to expect in court.  Contact a Los Angeles Criminal Defense Lawyer now to discover your options and better understand your rights and defenses.  An arrest or criminal charge does not have to end up in a conviction.  DUI and other crimes have many defenses available, and the evidence that the government thinks it has may have been obtained in violation of your important rights.  FREE CONSULTATIONS 213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com