White Goldstein's Criminal Defense Blog
Was Michael Irvin Wrongfully Accused of Rape?
Three days before the Super Bowl, a drama of a different kind was unfolding off the field. Michael Irvin, a former Dallas Cowboys superstar, ESPN personality and Dancing with the Stars contestant, was slapped with a lawsuit that alleges sexual assault and rape. The lawsuit refers to a series of alleged events that happened over the July 4th holiday in 2007. The woman known in the suit as Jane Doe claims that Irvin and a unnamed male companion lured her into a hotel room and was forced to perform sexual favors against her will. Doe claims that the Hall of Famer “has a history of attempting to commit similar sexual assaults”. The accuser is seeking damages for the sexual assault and rape. Accusations of rape in the world of sports are not a unique occurrence, but what happened next with Michael Irvin is a bombshell.
The twist in this story happened a few days later when Irvin filed a suit against Nicole A. Mustafa alleging “civil extortion, conspiracy, defamation and tortuous interference.” Irvin not only denied the rape charges but also claims that he was fired from ESPN due to Mustafa’s “false allegations”. Irvin claims that Mustafa has been attempting to extort money from him since his success on Dancing with the Stars. The complaint states, “It is typical for fame-seekers to attack celebrities of Irvin’s stature to try and make a quick buck.”
The $100 million counter-suit speaks volumes about how Irvin and his team are handling the damaging sexual assault allegations. By refusing to settle out of court, Michael Irvin is clearly trying to protect his public image and his career. It remains to be seen whether or not Irvin’s strategy can succeed. But if it does, it could be a bellwether move signaling a change in how celebrities protect themselves.
** 2/24/2010 Update: According to ESPN, Irvin will not be charged.
Incidents of Drug Trafficking Increase in Tough Economy
Drug crimes attorneys certainly have no shortage of work in these challenging financial times. As the unemployment rate continues to rise, alternate sources of income are being sought across the country. Sadly, many people have chosen drug dealing as a backup plan. To make a bad situation grimmer, under funded programs and officers’ whose anti-drug programs have lost funding could be the cause of false arrests and wrongful convictions. Last year police made over 1,400 arrests at Los Angeles International Airport with the majority of the arrests being attributed to drug or theft charges. That number is up 144 cases from 2008, according to the Los Angeles Times. Just this week state troopers in Chillicothe, Ohio arrested three men after discovering 29.5 grams of crack cocaine and 16.5 grams of powder cocaine in the mens’ vehicle. Also in Ohio, the last two suspects of 38 defendants plead guilty in a huge federal drug case that targeted a long-standing marijuana and cocaine ring. Elsewhere in Auburn, Alabama, four men were arrested on drug trafficking charges after local police seized twelve pounds of marijuana.
Cases like these could be symptomatic of the economic downturn according to the 233 police agencies surveyed by the Police Executive Research Forum in 2009. The law enforcement organization based in Washington found a forty-four percent rise in crime that they attributed to the financial crisis. The NDIC (National Drug Intelligence Resource Center) reported last year that due to the proximity to Mexico and a high unemployment rate, drug crimes in the city of Los Angeles have increased. Finally, organizations like the DEA and the Media Awareness project have noted that because of budget cuts, programs to stop the trafficking of drugs are struggling to stay afloat. This is particularly troubling as depleted training of officers and lack of funding could potentially spell disastrous arrests and botched investigations nationwide.
California New DUI Law for 2010
Effective July 1, 2010, a new California DUI law, SB 598, if implemented, will allow those drunk drivers who are convicted of a second or third driving under the influence (DUI) offense to get a restricted license earlier than under the old law, if these offenders:
- Install ignition interlock devices (IIDs) on their vehicles (at their expense), and;
- Pay a fee sufficient to cover the Department of Motor Vehicle’s (DMV’s) costs to administer the program.
An IID does not permit the vehicle to start unless the driver (with no alcohol on his or her breath) first blows into it. The amount of time the devices are kept on the car depends on the number of DUI convictions a driver has had.
The new law requires the DMV to advise second- and third-time, misdemeanor DUI offenders that they have a new option, instead of receiving a suspended license. Offenders may obtain a restricted license if:
- the offender enrolls in a DUI program;
- installs and maintains an IID in any vehicle they drive, and
- serves a 90-day suspension period for a second conviction of misdemeanor DUI, or a six month suspension period for a third conviction of misdemeanor DUI. This option only applies if the offense involved alcohol intoxication only, and other intoxicants were not involved.
Unlike a suspended license (which prohibits driving entirely), a restricted license allows a person to drive to and from work, and to and from a court-ordered DUI program.
The purpose behind the bill is to increase use of IIDs among hardcore drunk drivers. The legislature is hopeful that this measure will lead to behavior change and fewer incidents of drunk driving.
Existing Law
Currently, second offenders lose their license for two years and are not eligible to apply for a restricted license until at least one year has passed, and they have completed 12 months of the 18-month alcohol program.
Third-time offenders currently face 3 years revocation.
Comparison of New and Old DUI Law
The new statute shortens the time before a second offender can get a restricted license to 90 days, instead of 1 year and partial completion of an alcohol program.
The new law also allows a third-time DUI offender to obtain a restricted license after 6 months, assuming the offender complies with the new law’s requirements.
Fee Increases
The cost of new and renewed driver’s license will rise from $28 to $31; a duplicate will now cost $25 and an identification card will cost $24. These are just a couple of the new fee increases going into effect in 2010.
Funding Required
SB598 requires a non-state source of funding in order to be implemented. If there is no non-state source of funding, then the new DUI law will not be implemented, and drunk drivers will be subject to existing law.
If you are convicted of drunk driving, you should contact an experienced attorney at White Goldstein to determine which California DUI laws apply to your legal situation, and how we can help.
New York Is Set for Strict Stand on D.W.I. Cases- Will California Follow?
It is a fact that California driving under the influence (DUI or DWI) laws and penalties are becoming stricter every year. A DUI offender can be now be charged with a felony if he or she has received multiple DUI convictions in the 10 years prior to arrest, and even a first-time offender can face a felony conviction for DUI if he or she was involved in an accident while driving drunk if someone is injured. Read more »
Thinking Outside the Box: Bench Warrants and Alternatives to Deferred Entry of Judgment (DEJ)
As criminal defense attorneys, we are trained to analyze the criminal laws and to apply them to the facts of our cases. When we fight for our clients in court, we tend to keep with us these rigid notions of what the criminal law states, what the criminal law means, and how it should be applied to our clients’ cases. Sometimes, however, this rigid framework, which has been instilled in us since law school, does criminal defense lawyers more harm than good. Often, we obtain the best results for our clients when we think outside the box and forget about what the penal law says according to a strict interpretation. Read more »
Sex Crimes Defense: A Los Angeles Criminal Defense Lawyer’s Uphill Battle
Especially in today’s world with the dominating force of the media and the Internet, an accused that faces felony or misdemeanor charges for a sex crime in California is facing a serious and long uphill battle. Read more »
The New Wave of Sex Crimes: Common Myths About “Sexting,” Online Chatting, and Child Pornography
In this new age of technology, Los Angeles child pornography defense lawyers, and Los Angeles sex crimes defense lawyers, are having to become more and more creative in their legal strategies as they fight an increasing number cases involving new sex crimes such as sexually explicit online chatting and “sexting.” Read more »
DUI Breath Testing Not Accurate – Recent Significant Supreme Court Ruling
IN THE SUPREME COURT OF CALIFORNIA
A defendant accused of driving under the influence of alcohol can be charged under two separate code sections. The “generic DUI” provision prohibits driving “under the influence” of alcohol. (Veh. Code, § 23152, subd. (a) (hereafter § 23152(a).)1 The “per se DUI” provision prohibits driving with a blood-alcohol level of 0.08 percent or more. (§ 23152, subd. (b) (hereafter § 23152(b).) This case concerns how a generic DUI charge can be proven, or defended, at trial. Read more »
Los Angeles Federal Drug Crimes — Quantity Matters
Arrested by the Feds
Being arrested by “The Feds” for a federal drug crime is probably one of the scariest moments in a person’s life. The image of emotionless men coming to arrest you in dark suits, and dark sunglasses, pops into many people’s heads, courtesy of pop culture movies and TV shows.
Well the truth of the matter is that fighting a federal drugs crimes case in Los Angeles, or anywhere in Southern California, is a fierce, uphill battle. Unlike state criminal cases, where there is an enormous amount of discretion on both the Judge’s and the attorneys’ part to negotiate for the accused, in the federal system, the impact of the United States Federal Sentencing Guidelines results in much lengthier, more inflexible sentences. This means that in order to fight, or even to settle, your federal case, you will need a skilled federal criminal law lawyer in Southern California. Read more »
3 Common Mistakes People Make After Being Arrested for Driving Under the Influence of Alcohol or Drugs – DUI /DWI
You have just been arrested for drunk driving. After a stressful encounter with police, and a nightmare in jail, you may be hanging in there by a thread. Everyone is giving you their opinions. You just want this to end. What do you do? At White Goldstein, we strongly encourage our clients to learn as much as they can about the nature of their case and their options. One way to do this is to gather information online from blogs such as this one, newsletters, and other similar sources. However, the information you may receive online may not be reliable or accurate, and it may not be applicable in your state or county where you were arrested. The following is a list of three common mistakes people make when arrested for DUI in California: Read more »