Law Offices of Jonathan Franklin: 2014

Tuesday, May 6, 2014

Don't Suffer Let Me Help You with Your #Driver’s #License #Suspension

Newsflash from your Hollywood Attorney:

Beverly Hills Drunk Driving Defense Attorney

After a drunk driving arrest, you may think that your most important task is the recovery of your vehicle. While that is an important step in getting your life back to normal, your troubles have just begun. You face some tough decisions about your legal representation.

A DUI arrest triggers two legal actions-a criminal DUI charge and an administrative proceeding that will likely result in a driver’s license suspension. You will need a Driver’s License Suspension Lawyer who can address both problems.

The Law Offices of Jonathan Franklin is an experienced DUI / drunk driving defense and criminal defense law firm. We represent clients in both the criminal proceedings and driver’s license suspension and restoration actions, including those involving commercial driver’s licenses (CDLs).

Contact us at 310.273.9600 to schedule your free consultation. Our goal is to help you deal successfully with both the criminal defense and the DMV aspects of your DUI arrest.

Do Not Delay Hiring a Beverly Hills Drunk Driving Defense Attorney

Following a DUI arrest, you have 10 days in which to request a DMV hearing regarding your driver’s license. If you do not ask for a hearing, you will get an automatic license suspension. Attorney Jonathan Franklin has extensive experience representing clients in both the criminal proceedings and in the driver’s license hearing related to a DUI arrest.

Our firm may be able to prevent your driver’s license suspension. If not, we will seek to help you obtain a temporary driver’s license that will enable you to go to and from work and perform other necessary tasks.

Driver’s License Restoration

The California Department of Motor Vehicles does not automatically restore your driver’s license. You have to ask for it and demonstrate to their satisfaction that you deserve your license. The Law Offices of Jonathan Franklin can also seek the full restoration of your driver’s license following a DUI conviction or a license suspension for traffic violations.

For a free consultation with the Law Offices of Jonathan Franklin, contact us at 310.273.9600. Our phones are answered 24 hours a day.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Saturday, May 3, 2014

#CincoDeMayo #DUI #Weekend #CHECKPOINTS May 4th and 5th

Newsflash from your Hollywood Attorney:

Cinco De Mayo (which is not Mexican Independence Day, by the way) falls on a Monday this year, so that means everyone has found an excuse to drink throughout the whole weekend instead of just one day. Naturally that means the LAPD have set up DUI checkpoints and heightened patrols throughout the weekend in an effort to ensure the roads are as safe as possible as people celebrate the victory of Mexico over the French Army in 1862.

While some people, including our beloved @LAScanner, may find that giving out advanced warning of DUI crackdowns is like giving out a cheat sheet to people breaking the law, studies have shown that publicizing them will actually decrease the number of drunk drivers on the road.

"People having foresight aren't the ones who are committing this crime," LAPD Chief Charlie Beck once told LAist. "People who are thinking ahead aren't the ones that this checkpoint is likely to catch. I think that the publicity surrounding these things is so important that if you give a couple of locations, that's fine."

Here's the DUI checkpoints and areas with saturation patrols this Cinco De Mayo weekend:

Sunday, May 4:
40 officers in the greater #DTLA area. CHPsouthern "Impaired Driver Task Force" is out on patrol in full force tonight! Nominate a #DesignatedDriver

Monday, May 5:
- saturation patrol in the Central Area from 12 PM-8 PM
- saturation patrol in the Southwest Area from 5 PM-1 AM
- saturation patrols in Hollywood from 5 PM-1 AM and 7 PM-3 AM
Los Banos, Ca. 7pm - 3am DUI Checkpoint, Undisclosed Location

Be safe, and have a happy Cinco De Mayo.

Source.... LalistAndChps

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Friday, May 2, 2014

#Checkpoints List for May 2nd - 3rd - 5th and What the #DUI Penalties Are!

Newsflash from your Hollywood Attorney:

5-2-2014
Oceanside, Ca. 8pm - 3am DUI Checkpoint Undisclosed Location
San Bernardino, Ca. 6pm - 2am DUI Checkpoint Undisclosed Location
Los Angeles KOREATOWN, 8pm - 2am DUI Checkpoint Western & 8th St

5-3-2014
Angels Camp / San Andreas 6:30am - 12:30am DUI Checkpoint Undisclosed Location
Fontana, Ca. 7pm - 3am DUI Checkpoint Undisclosed Location
Manteca, Ca. 7pm-2am DUI Checlpoint Undisclosed Location
San Bernardino, Ca. 6pm - 2am DUI Saturation Patrol Undisclosed Location
South Pasadena, Ca. 7pm - 2:30am DUI Checkpoint Undisclosed Location
South San Francisco, Ca. Unknown Times Undisclosed Location

5-5-2014
Los Banos, Ca. 7pm - 3am DUI Checkpoint, Undisclosed Location

DUI Penalties
The consequences of a DUI conviction in California are wide-ranging and far-reaching. The legal consequences include fines, the suspension of your driver’s license, and jail. Far-reaching consequences include an increase in your insurance rates, the loss of your job if your employer refuses to allow you to take leave to serve a jail sentence, and a permanent record. While judges have discretion in sentencing those convicted of DUI, even a first-time conviction can create substantial complications in a person’s life. At the Law Office of Jonathan Franklin, we review the actions of arresting officers in order to determine if there are grounds for asking that your DUI charged be dismissed. We also evaluate the reliability of any breathalyzer, blood, or urine test used to measure your blood alcohol content (BAC) to determine if their results should be excluded at trial.

Located in the heart of Beverly Hills, our office provides a comfortable, relaxing environment for clients to discuss their legal matters in a confidential setting. Easily accessible, convenient complimentary parking is provided next door to our office.

If you’ve been arrested on a charge of drunk driving, contact Beverly Hills DUI Lawyer Jonathan Franklin today to schedule a free consultation.

California DUI Penalties for First Time Offenders

In the state of California, judges have some discretion in regard to sentencing, though penalties are relatively fixed. In general, the following represents an overview of possible DUI penalties:
California DUI Penalties for Repeat and Felony DUI Offenders
First time DUI: fines between $390 and $1,000; a possible jail sentence up to 48 hours; driver’s license suspension of up to 4 months; if under the age of 21, your license will be suspended for a year; 3 to 6 months in DUI school; the court may order the installation of an ignition interlock device; community service may be required if a plea bargain is offered.

In California, each county may have its own fines and penalty structure related to repeat DUI offenders. However, in general, the following DUI penalties apply:

Second DUI within 10 years of first DUI conviction: fines between $390 and $1,000; a minimum of 96 hours to a 1 year maximum in jail; a 2 year suspension of your driver’s license; eligibility for restricted license after 1 year; 18 months of DUI school; 3 to 5 years of probation.

Third DUI within 10 years of first DUI conviction: a fine between $390 and $1,000; a 120 days to a year in jail; a 3 year revocation of your driver’s license; eligibility for a restricted license after 18 months; 30 months in DUI school; 3 to 5 years of probation; installation of an ignition interlock device.

Fourth DUI within 10 years of first DUI conviction: In California, a fourth DUI conviction is considered a felony. If convicted, you will permanently lose your license and will be sentenced to a mandatory 3 year prison term.

DUI Penalty Enhancements in the State of California
Additional penalties apply in cases where a minor under the age of 14 was in your car at the time of your arrest, if your BAC is .15% or higher, if you were speeding, caused an accident, or refused to submit to a breathalyzer. Additionally, if you own a commercial license as a truck driver, delivery van driver, or taxi cab driver, other penalties apply as well. We can review the specifics of your case and driving record and determine the best approach for reducing the charges or sentence against you.

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

Stay Safe Out There -

If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin

Open Evenings and Weekends this Summer

Call Us Now (310) 273-9600

http://www.jonathanfranklinlaw.com

Thursday, May 1, 2014

#California Test for #Marijuana #DUIs, How Should They Do it?

Newsflash from your Hollywood Attorney:

A bill in the California legislation that would have created per se limits on driving under the influence of specified drugs – like marijuana – based on blood tests even absent other evidence of impairment, AB 2500, just failed in the Public Safety Committee.

More bills like this are expected. So, this may be a good time to see what a law enforcement group in favor of marijuana legalization has to say on marijuana DUIs.

Unlike alcohol, THC can stay in the bloodstream for days or weeks. We must find a way to accurately measure the impairment of a driver if we’re going to fairly charge them with a crime. Currently, officers in every state but West Virginia are being trained to become drug recognition experts who can recognize the signs of drug impairment and make arrests for drugged driving offenses (4) Blood tests should be no substitute for good police work.\

The National Highway Traffic Safety Administration says “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects.” and “It is inadvisable to try and predict effects based on blood THC concentrations alone, and currently impossible to predict specific effects based on THC-COOH concentrations.”

A study published by the Journal of Law & Economics found that adoption of medical marijuana laws is associated with a decline in traffic fatalities.

DUI fatalities in both Colorado and Washington slightly decreased after legalization went into effect. 2013 data in Washington is still preliminary, but for the first three quarters there were only 317 fatalities; for the first three quarters of 2012, before legalization went into effect, there were 327. Similarly, in Colorado in 2012 there were 434 fatalities; preliminary data for 2013 shows there were only 424.

The study showing an increase in number of DUI drivers with THC in their blood that opponents like to cite was based on six states, three of which didn’t have medical marijuana/legalization/decriminalization laws during the study, so the increase is not a product of changing marijuana laws. The three that did have medical marijuana laws – California, Hawaii and Rhode Island – saw sharp decreases in traffic fatalities between enactment of their medical marijuana laws and the end of the study period. Fatalities fell 31%, 14% and 21%, respectively.

Marijuana seems to be a substitute for alcohol – medical marijuana laws are associated with decreases in the probability of having consumed alcohol in the past month, binge drinking, and the number of drinks consumed.

Traffic fatalities may be decreasing in association with this this substitution effect and the fact that most people drink alcohol on weekends outside of the home (parties, bars, restaurants, etc) and are more inclined to drive after having consumed… whereas most marijuana is consumed in the home or other private locations, meaning there is less reason/necessity to drive after consumption.

Someone who uses marijuana very little or rarely will be more impaired and make more mistakes than someone who smokes more and more frequently. This ties into the 5ng THC/ml of blood limit some states have enacted because it’s very possible that someone with a higher ng count is actually less likely to cause an accident.

While alcohol causes an increase in traffic fatalities, it remains legal because, as we found out in the 1920s, regulation and control is a better policy than prohibition. But we also promote responsible policies to prevent driving while intoxicated and punish those who break the laws. We need a similar policy in place for marijuana.

Source.... http://obrag.org/?p=83155

However the Test is done, and you need my Help, Just Call and I'm there for You!

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, April 29, 2014

Do You Know About These: Breathalyzer, Blood, Urine, and Field Sobriety Tests

Newsflash from your Hollywood Attorney:

A DUI charge or conviction can stand or fall on the reliability and accuracy of a breathalyzer, blood, urine, or field sobriety test. Since a field sobriety test is used to establish probable cause for making an arrest, if conducted improperly, the DUI charge against you may be thrown out of court. Alternatively, if a breathalyzer wasn’t calibrated properly or blood drawn and tested according to proper procedure, their results may be deemed unreliable and inadmissible in court. At the Law Office of Jonathan Franklin, we understand the technical and forensic issues involved in breathalyzer, blood, urine, and field sobriety tests.

If you’ve been arrested for DUI, don’t assume you’re automatically guilty because a DUI test came back positive. To schedule a free, confidential consultation to discuss your case, contact Beverly Hills DUI Lawyer Jonathan Franklin today.

Administering the Field Sobriety Test
The vast majority of police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when administering field sobriety tests. There are, however, multiple instructions regarding where and how a test should be given, what to do if a suspect tries to balance momentarily on one leg, raises his arms more than 8 inches, or stops for a second or two. The manual also states a field sobriety test should be given on dry, flat pavement. As your attorney, Jonathan Franklin inspects the area where a test was administered and reviews dashboard video camera footage if available. In reviewing how a test was given, Mr. Franklin identifies departures from instructions and protocols as outlined in the student testing manual in order to ask the court to dismiss the charges against our clients.

Breathalyzers and Blood Alcohol Content
Like any other piece of equipment, breathalyzers must be regularly maintained to ensure they function properly. If a breathalyzer isn’t calibrated correctly, its results may not be accurate. Additionally, how a breathalyzer test is given can affect the results. For example, did a police officer wait 20 minutes before administering the test? Did he or she change the mouthpiece between tests? Were you asked if you had used mouthwash recently? Were told to take multiple deep breaths and blow as hard as possible into the device? As your attorney, Mr. Franklin can inspect the maintenance record of the breathalyzer used in your arrest and can check to see if it has ever registered a false positive in another DUI case.

Blood Tests and DUI Charges
While blood tests may provide a more accurate measure of blood alcohol content (BAC), a number of factors can taint or compromise the sample taken. For example, did the person who took your blood swab your arm with alcohol first? Secondly, in order to prevent a blood sample from coagulating, tubes with preservatives inside are often used. These kits almost always have an expiration date. If a kit was used in your blood test, is there any proof that it was not expired? On a more technical note, whether or not the blood sample taken was mostly plasma or whole blood can also affect the results of a blood test. As your attorney, Jonathan Franklin raises these and other issues when there are grounds for questioning blood test results.

Urine Tests and DUI Charges
Urine tests are not as accurate as blood or breathalyzer tests because water can stay in a person’s body over a long period of time. This is a concern in cases where a person’s BAC is measured near or slightly over .08%. Additionally, like blood tests, urine tests can detect drugs in a person’s body. As a result, even if you don’t test positive for drunk driving, if trace amounts of illegal drugs are found in your system, you could still face criminal charges on driving under the influence. The fact that you last used one or two weeks ago doesn’t matter — you’ll still be charged with a crime.

Contact Beverly Hills DUI Attorney Jonathan Franklin
Just because you tested positive for drunk driving doesn’t mean you were drunk or that the officer had probable cause to arrest you. To schedule a free consultation to discuss your case, contact Beverly Hills DUI Attorney Jonathan Franklin today.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Monday, April 28, 2014

Former Prosecutor Now on Your Side - Criminal and DUI Defense - Los Angeles area - Call 24/7

Newsflash from your Hollywood Attorney:

When you are facing a serious criminal charge, half measures or half-hearted advocacy will not do. You need a determined advocate who will fight for you.

If you are arrested for a DUI charge, it is essential you retain an experienced attorney as quickly as possible in order to avoid the loss of valuable time or evidence.

At the Law Offices of Jonathan Franklin, you will find a dedicated attorney who knows the law and the criminal justice system. Jonathan Franklin is a former prosecutor who now successfully defends those accused of driving under the influence. He fights for his clients’ rights in an effort to obtain the best possible resolution.

A Vigorous Defense

There is no minor arrest despite what some people say; a misdemeanor DUI charge in California can have serious consequences for years. Any criminal conviction on your record can seriously affect your life by limiting employment options and more, however, fortunately, an arrest does not necessarily mean a criminal conviction in every case.

That is why it is important to call the Law Offices of Jonathan Franklin for a free initial consultation as quickly as possible. The sooner Jonathan Franklin goes over the details of your case, the more options he will have, both in terms of finding and preserving evidence for a trial and negotiating deals with the prosecutor. The team at the Law Offices of Jonathan Franklin will provide a thorough, vigorous defense in an effort to restore your life to normal as quickly as possible while mitigating the worst consequences of a DUI conviction.

This Former Prosecutor Fights for You

Jonathan Franklin is a former prosecutor. That experience gives him a unique perspective on the law that many attorneys do not have. Jonathan Franklin now chooses to defend the rights of his clients. He understands how serious it is to have your freedom threatened and he provides an intelligent and aggressive defense in court. Jonathan Franklin will make a clear-cut assessment of your case to present you with all options, whether it is negotiating a settlement or taking your case to trial.

The team at the Law Offices of Jonathan Franklin is here for you! They will try to ease a stressful and uncertain situation as they seek the most advantageous way to present your matter and resolve your issues. Don’t let the worry and stress of a DUI arrest overwhelm you; Jonathan Franklin can help you throughout the legal process.

If you have been arrested, call the Law Offices of Jonathan Franklin now for a free consultation.

Contact us 24 hours a day at 310-273-9600

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Friday, April 25, 2014

#CellPhone Crackdown 83 #Drivers Already #Cited in Just 5 Hours

Newsflash from your Hollywood Attorney:

Another 83 drivers were facing fines Friday for using their cell phones while driving following another five-hour crackdown by police.

Police cited the motorists between 4 and 9 p.m. Thursday, according to CVPD statement.

Thirteen of the 83 motorists cited were caught texting and the others used their phones in some other manner, police said.

Thursday’s crackdown marked the third time this month that Chula Vista police targeted distracted drivers with a special operation. On April 10, police ticketed 15 motorists for texting and another 60 for using their phones in some other manner and on April 17, eight motorists were ticketed for texting and another 44 were cited for using their phones in some other manner.

All three operations coincide with “Distracting Driving Awareness Month.”

Chula Vista police carried out similar operations with similar results in February and March.

The minimum fine for a first-time violator is $161, and at least $281 for repeat offenders.

“We take the issue of distracted driving very seriously, because we see the aftermath of these totally preventable crashes,” Chula Vista police Chief David Bejarano said.

“Is that text message or cell phone call really worth $161, or worse, someone’s life?”

Source.... FOX

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

#Checkpoints for DUI and DRUGS this weekend April 25th -27th, 2014

Newsflash from your Hollywood Attorney:

Los Angeles Police Department Joins Crackdown on Texting and Handheld Cell Use behind the Wheel

"Motorists approaching the checkpoint will see informational signs advising them that a checkpoint is ahead," Officer Baer said. "Once diverted into the lane, motorists will be detained only a few moments while an officer explains the purpose of the checkpoint and checks their driver license."

Baer said that, statically, young adults, males, and those driving at night have the "greatest risk" of being involved in a DUI-related crash.

He added that anyone who suspects a drunk driver is on the roadway, should call 911.

"Callers should be prepared to provide dispatchers a description of the vehicle, its location, and direction of travel," he said.

"One of the DUI drivers was a fourth time offender and was charged with a felony", Officer Baer stressed that sobriety checkpoints serve three main purposes: deterrence, removal of impaired drivers from the road, and education of the driving public.

Taking your eyes off the road for more than two seconds doubles your risk of a crash.

Remember Don't take chances, I am here for you and if you need my help, just call me at... (310) 273-9600

Fri. 4-25-14
Palmdale, Ca. DUI Checkpoint, Undisclosed location

Porterville, Ca. DUI Checkpoint, Undisclosed location

Sacramento, Ca. DUI Checkpoint, Undisclosed location

Santa Clarita, Ca. DUI Checkpoint, Undisclosed location

Sat. 4-26-2014

Bakersfield, Ca. DUI Checkpoint Undisclosed location

Fontana, Ca. DUI Checkpoint, Undisclosed location

Fremont, Ca. DUI Checkpoint, Undisclosed location

Lakewood, Ca. DUI Checkpoint, Undisclosed location

North Long Beach, Ca. DUI/Driver License Checkpoint, Undisclosed location 7pm - 3am

Oxnard, Ca. DUI Checkpoint, Undisclosed location

Pomona Ca. DUI Checkpoint and Saturation Patrol, Undisclosed location

Mon. 5-5-14

Los Banos, Ca. DUI Checkpoint, Undisclosed location

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, April 24, 2014

"#TheConjuring" Lawsuit Against #WarnerBros. How in-development Sequels to Hit Film

Newsflash from your Hollywood Attorney:

Last year, The Conjuring came out to good reviews and an excellent box-office take. The supernatural thriller grossed $318 million worldwide, and hopes are high for sequels. But the success for Warner Bros. hasn't come without legal spooks. The latest is a lawsuit filed against the studio Wednesday from Tony DeRosa-Grund's Evergreen Media Group, which acquired the rights to the case files of real-life paranormal investigators Ed and Lorraine Warren before licensing the first film.

What started as a seemingly modest dispute over whether Evergreen Media Group had reserved the right to use The Conjuring title for television has now evolved into the kind of fight that might haunt lawyers doing chain-of-title clearance. In short, who really owns the paranormal stories of the Warrens?

DeRosa-Grund believes it's him.

The Warrens produced some 8,000 case files during their careers.

In 2009, Evergreen says, DeRosa-Grund made a series of deals with the Warrens for rights to exploit them.

The following year, Evergreen and New Line Production (a WB subsidiary) made an agreement for a film version of some of those case files. According to Evergreen, the deal covered "just 25 of the approximately 8,000, which included the 'Perron Farmhouse' Case File, the 'Annabelle' Case File, and 'The Enfield Poltergeist' Case File."

Now, New Line is producing The Conjuring 2: The Enfield Poltergeist and Annabelle. Last month, Evergreen sued Warner Bros. for allegedly stiffing De-Rosa-Grund on payment and withholding producing credit and participation on these forthcoming film projects. The plaintiff demands an injunction while Warner Bros. maintains that the claims be adjudicated in arbitration.

Now comes a second lawsuit. This one not only targets Warner Bros., but also Lorraine Warren, and explores the issue of whether there's even more here than meets the eye.

There's talk in the latest complaint that New Line is attempting to circumvent the 2010 agreements with Evergreen "by attempting to claim that their productions based upon the 'Annabelle' and 'The Enfield Poltergeist' Case Files are somehow based upon a parallel set of rights to those owned by Evergreen and Mr. DeRosa-Grund, namely, rights in connection with chapters from The Demonologist acquired from Mrs. Warren and/or [Tony] Spera and Graymalkin Media."

The Demonologist is a 1980 book by Gerald Brittle about the Warrens. It covers, among other things, the "Annabelle" incident (involving a demonic Raggedy Ann doll terrorizing a family) as well as the "Enfield Voices" one (involving a single mother and her children who witness some weird things at home).

It was originally released by Prentice Hall, but recently, Spera, Warren's son-in-law, is said to have "taken charge" of The Demonologist and changed publishers to Graymalkin. This has apparently led to a fight between Brittle and Graymalkin over whether the publisher change violated the terms of a "Collaboration Agreement" between the Warrens and Brittle. It brings up all sorts of co-ownership issues and the ability to unilaterally license.

For full details on what Evergreen and Brittle are claiming,
here's the complaint.... http://www.scribd.com/doc/219924502/EVERGREEN-MEDIA-HOLDINGS-BRITTLE-V-LORRAINE-WARREN-et-al

But long story short, the plaintiffs say the owners of the book only have "limited publishing rights," while DeRosa-Grund maintains authority over life rights of the Warrens. They say "Mrs. Warren, and by extension Mr. Spera and Graymalkin Media, have no rights in connection with The Demonologist that can be exploited by New Line and/or Warner Bros. without Mr. Brittle's permission.... Moreover, Mr. Brittle has previously granted an option to Evergreen to acquire his rights to further exploit The Demonologist."

Among the latest claims is that Warner Bros is tortiously interfering in the various contracts covering The Demonologist as as well as violating copyright on the book. As for Warren, she, too, is now facing claims of not honoring her agreement on the book. The complaint, while detailed in parts, leaves a lot of probably necessary details nearly naked, like how Warner Bros. is truly hampering the contractual relationships and what expression is really being infringed.
Nevertheless, in a press release, one of the attorneys for the plaintiffs is comparing the situation to "another Watchmen-like dispute where there is the very real possibility of [defendants] losing all of their rights in connection with The Conjuring franchise."

Warner Bros. says it has not been served with the lawsuit.

Source.... HR

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Cleared of Sex Abuse Charges, Kevin Clash, Elmo Puppeteer

Newsflash from your Hollywood Attorney:

The U.S. Court of Appeals upheld a New York judge's ruling from last summer, dismissing the case because of the statute of limitations.

Kevin Clash, the voice of Sesame Street's Elmo for 28 years, has been cleared of three charges of sexual abuse after an appeals court threw out the cases.

Clash, 53, was accused by multiple men of sexually abusing them over 10 years ago when they were minors. Multiple lawsuits were filed, but in July 2013, a New York judge said that the claims were made too late, as they were outside the state's statute of limitations, which provides that a lawsuit has to be filed within six years of the event or three years after a plaintiff turns 21.

Clash's three accusers brought their cases to the U.S. Court of Appeals, alleging the psychological effects of the abuse weren't fully realized until 2012. But this month, the cases were again dismissed.

Clash resigned from his job as the voice of Elmo in 2012 after the allegations of improper sexual relations with minors became public. He has denied any wrongdoing from the beginning, saying that any relationships he engaged in occurred between consenting adults.

Source..... HR

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Wednesday, April 23, 2014

TSA settle's Breast Milk Lawsuit

Newsflash from your Hollywood Attorney:

A Southern California woman who was held at a Phoenix airport four years ago after refusing to have her breast milk X-rayed has reached a settlement with the Transportation Security Administration.

Stacey Armato, who filed a lawsuit in U.S. District Court in Phoenix, said Wednesday that TSA officials have tentatively offered her $75,000, along with promises to retrain agents and clarify its guidelines on screening breast milk.

Armato, of Hermosa Beach, says TSA agents at Phoenix Sky Harbor International Airport in 2010 detained her for nearly 40 minutes. She says they would not comply with her request to have the milk screened outside the X-ray machine.

Current TSA rules classify breast milk as a medically required liquid.

A TSA spokeswoman did not immediately return a message seeking comment.

Armato says she’ll see very little of the money, which will go towards attorney fees. She also plans to donate a portion to BreastfeedLA, a not-for-profit 501(c)3 corporation dedicated to improving the health and well being of infants and families through education, outreach, and advocacy to promote and support breastfeeding.

Source.... foxnews and cbs

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

#Checkpoints Your #DUI #Arrests Charges May Be Thrown Out of #Court

Newsflash from your Hollywood Attorney:

DUI Lawyer Beverly Hills
A DUI charge or conviction can stand or fall on the reliability and accuracy of a breathalyzer, blood, urine, or field sobriety test. Since a field sobriety test is used to establish probable cause for making an arrest, if conducted improperly, the DUI charge against you may be thrown out of court. Alternatively, if a breathalyzer wasn’t calibrated properly or blood drawn and tested according to proper procedure, their results may be deemed unreliable and inadmissible in court. At the Law Office of Jonathan Franklin, we understand the technical and forensic issues involved in breathalyzer, blood, urine, and field sobriety tests.

If you’ve been arrested for DUI, don’t assume you’re automatically guilty because a DUI test came back positive. To schedule a free, confidential consultation to discuss your case, contact Beverly Hills DUI Lawyer Jonathan Franklin today.

Administering the Field Sobriety Test
The vast majority of police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when administering field sobriety tests. There are, however, multiple instructions regarding where and how a test should be given, what to do if a suspect tries to balance momentarily on one leg, raises his arms more than 8 inches, or stops for a second or two. The manual also states a field sobriety test should be given on dry, flat pavement. As your attorney, Jonathan Franklin inspects the area where a test was administered and reviews dashboard video camera footage if available. In reviewing how a test was given, Mr. Franklin identifies departures from instructions and protocols as outlined in the student testing manual in order to ask the court to dismiss the charges against our clients.

Breathalyzers and Blood Alcohol Content
Like any other piece of equipment, breathalyzers must be regularly maintained to ensure they function properly. If a breathalyzer isn’t calibrated correctly, its results may not be accurate. Additionally, how a breathalyzer test is given can affect the results. For example, did a police officer wait 20 minutes before administering the test? Did he or she change the mouthpiece between tests? Were you asked if you had used mouthwash recently? Were told to take multiple deep breaths and blow as hard as possible into the device? As your attorney, Mr. Franklin can inspect the maintenance record of the breathalyzer used in your arrest and can check to see if it has ever registered a false positive in another DUI case.

Blood Tests and DUI Charges
While blood tests may provide a more accurate measure of blood alcohol content (BAC), a number of factors can taint or compromise the sample taken. For example, did the person who took your blood swab your arm with alcohol first? Secondly, in order to prevent a blood sample from coagulating, tubes with preservatives inside are often used. These kits almost always have an expiration date. If a kit was used in your blood test, is there any proof that it was not expired? On a more technical note, whether or not the blood sample taken was mostly plasma or whole blood can also affect the results of a blood test. As your attorney, Jonathan Franklin raises these and other issues when there are grounds for questioning blood test results.

Urine Tests and DUI Charges
Urine tests are not as accurate as blood or breathalyzer tests because water can stay in a person’s body over a long period of time. This is a concern in cases where a person’s BAC is measured near or slightly over .08%. Additionally, like blood tests, urine tests can detect drugs in a person’s body. As a result, even if you don’t test positive for drunk driving, if trace amounts of illegal drugs are found in your system, you could still face criminal charges on driving under the influence. The fact that you last used one or two weeks ago doesn’t matter — you’ll still be charged with a crime.

Contact Beverly Hills DUI Attorney Jonathan Franklin
Just because you tested positive for drunk driving doesn’t mean you were drunk or that the officer had probable cause to arrest you. To schedule a free consultation to discuss your case, contact Beverly Hills DUI Attorney Jonathan Franklin today.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com