Law Office of Mark Rosenfeld - January/February 2021

Law Office of Mark Rosenfeld - January/February 2021

MARKROSENFELD LAWOFFICEOF

JANUARY/FEBRUARY 2021

310-424-3145 | MRDUILA.COM

WHAT TO LOOK OUT FOR After a year of transitions, there are even more changes coming to Los Angeles and surrounding communities. For one, Los Angeles County has a new district attorney, a new prosecutor who will be handling many cases and working to get through the backlog created in 2020. The new DA, George Gascón, has said he will be making changes within the office, focusing more heavily on certain types of cases and prosecuting certain offenses with a greater focus. This doesn’t mean they are taking a lenient stance on crime, but they are adjusting their resources. More serious offenses will get more attention from the office, while lesser charges and non-violent offenses may see more leniency. They may go as far as to avoid prosecuting lesser offenses. How this will play out, we have yet to see. But there are a few important details to keep in mind. While LA County may have a new DA, he is far from the only DA in the county. While the LA County DA handles felonies and unincorporated areas, other cities, such as Santa Monica or Redondo Beach, handle their misdemeanor cases and may handle those cases on their specific terms. So, while the LA County DA may be more lenient on certain cases, other area DAs might not be. This makes for interesting challenges, and I’m curious to see how things will play out in the new year. I will say that going into 2021, I have started to see a few changes and have had many successes for clients. I expect further successes as more pieces fall into place. More Changes in 2021

superior court. In the courts, the trial calendars have been impacted and are becoming increasingly backed up.

The hope is that once the vaccine rolls out in greater numbers, we should start to see numbers moving in the right direction. Jury trials will be able to open up again and the courts will be able to work through their long backlog of cases. Personally, I’m excited for clients to get deals and resolutions on their cases. I have a number of clients who have been waiting for quite a while for any sort of movement on their case. It will be a huge relief to get things moving again. Some clients haven’t been able to move forward with their case for over a year now. We haven’t been able to get results on certain cases simply because we’re stuck in a holding pattern. It can be stressful, but I keep the best interest of the client top of mind. The second I hear anything, I’ll be on it. Looking ahead, I have a lot of confidence in how things will play out this year. I hope people in the courts and custody facilities are able to stay safe as things slowly get back to normal. There are still many challenges ahead, but it is good to know that an end is in sight!

Of course, our communities are still facing the challenges of the pandemic. The virus is raging through the LA County jail system and

–Mark Rosenfeld, Esq.

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‘THE BACHELORETTE’ CONTESTANTS GO TO COURT

JUDGE, WILL YOU ACCEPT THIS ROSE?

The reality TV show “The Bachelorette” is known for being packed with drama, but last year there was just as much scandal among its contestants off-screen as there was while the cameras were rolling. Late in 2020, not one but two past “Bachelorette” contestants ended up in court. One of them was Chad Johnson, hailing from the group of hunks who competed for Bachelorette JoJo Fletcher’s attention in season 12. That season aired in 2016, but it wasn’t until two years later that Johnson sued Sunset Studios Entertainment and one of its executives, Cristina Cimino, for sexual harassment, failure to prevent harassment, intentional infliction of emotional distress, fraud by intentional misrepresentation, and wrongful failure to hire in violation of public policy. According to Deadline, Cimino told Johnson she would help him get movie roles with her studio, but that never happened. Instead, she allegedly lured him into in-person meetings and bombarded him with inappropriate calls and text messages. After years of back-and-forth, the case is finally moving forward. In July 2020, a judge ruled that all

of Johnson’s accusations were proven except failure to hire. Upping the drama, Deadline reported that “no attorneys for Cimino or the studio participated in the hearing.” Meanwhile, another “Bachelorette” contestant, Luke Parker, has been ordered by the court to pay $100,000 for breach of contract. Parker, who vied for the affection of Hannah Brown in the 2019 season, has allegedly been making media appearances without the consent of the show’s production company, NZK Productions Inc. Each appearance was a breach of contract, and now he owes the company a pretty penny: $25,000 per appearance. According to Page Six, Parker might also be on the hook for bad-mouthing the show and/or sharing information about what happened on set — both things his contract forbids. Hopefully, the 2021 season of “The Bachelorette,” which should air later this year following the postponed 2020 season, will feature less drama than these real-life legal battles.

DUIS UNDER 18 What are the Penalties for First-Time DUI Charges?

Different age groups generally receive different penalties when it comes to drinking and driving. For

program is completed, those records are often sealed and should not be used against that person in the future.

Drivers in this age group can still be subject to the DMV administrative hearing findings. Keep in mind, there is a big distinction between juvenile court and the court justice system and the Department of Motor Vehicles. A 16-year-old can be charged with a DUI and have an administrative hearing. This means the DMV does their own fact-finding, conducts their own hearing, and doles out their own suspension. The administrative hearing is not part of the criminal justice system — it’s not sealed and administrative actions can start to add up and can be used against the driver, even if they were a minor at the time. If somebody is 16 or 17 years old and they get a DUI and are convicted (or they go through a diversion program), the conviction goes away. But the DMV will suspend their license for a year regardless. This can also mean that after they turn 19 and get their license back — and if they get another DUI — they might be looking at a first-time DUI as an adult.

instance, drivers between the ages of 18 and 21 are legally considered adults and the legal limit for drinking and driving applies: 0.08 or above.

But what about someone under 18; how does that work? When we see somebody who is under the age of 18, we’re typically talking about juveniles — people between the ages of 15 and 17. Drivers between 15 and 17 who drink and drive, and are stopped, will likely face consequences in juvenile court. If there’s an injury and it’s filed as a felony, then there may be some exceptions, but most of the time, if the person is 17 years old or younger, we will see a juvenile court proceeding with some sort of diversion and treatment rather than a full-blown conviction. Once the diversion

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THE ANATOMY OF A DUI CASE

How Can a DUI Case Be Won?

W i nning a DUI case begins with a When a person is arrested for a DUI and a police officer writes a report, that officer will include all of the “bad” information — the negative facts. They are going to write a report with the intent to get a conviction and convince a jury that the person was impaired for purposes of driving. DUI cases can be won when your attorney conducts a thorough investigation. They look at what is behind the police report and what is behind the police department’s investigation. It’s not enough to look at a blood test number and say, “It’s a 0.08, and 0.08 is the legal limit. So therefore, we are done.” We start with the police report and the knowledgeable and experienced DUI attorney. This is someone who defends DUI cases and understands the science and legal nuance behind DUIs. chemical test, and then break the case down, looking into all of the supporting documents and backup documentation.

We also look at the police officer’s training. How did they perform the field sobriety tests? If the officer did not give the field sobriety tests correctly or did not know how to grade or score a field sobriety test, then the tests are not trustworthy or reliable. Then there are scientific defenses your attorney can use to find possible errors in the chemical testing. There are factual defenses as to whether the person was or was not impaired for purposes of driving — or maybe they weren’t driving at all. There are also a number of legal defenses to DUIs, including a person’s constitutional rights and certain police procedures and policies that must be followed. There are legal requirements that must be met in order to justify a stop, a detention, and ultimately an arrest and a properly administered chemical test. If there are any issues with the legal aspects of the case, a DUI case may be won on legal or constitutional grounds. That said, while there may be several ways to beat a DUI, every case is different and every person is different. There are many factors to consider, and a win is not always assured.

Andrea’s Kitchen

Strawberry Kissed Almond Butter Muffins

Enjoy this Valentine’s Day-themed muffin with your Valentine or treat yourself!

Inspired by AmbitiousKitchen.com

Ingredients

• 1 cup ripe bananas, mashed • 3/4 cup natural creamy almond butter (can substitute creamy peanut butter) • 2 large eggs • 1/4 cup pure maple syrup (or honey)

• 1 tsp vanilla extract • 1 cup oat flour • 1 tsp baking powder • 1/4 tsp salt • 1/4 cup strawberry fruit spread, divided (we recommend Bonne Maman INTENSE)

AQUARIUS BLACK HISTORY CANDY CUPID GROUNDHOG

HEART LINCOLN MLK JR PENNSYLVANIA PHIL

PRESIDENTS DAY VALENTINE WINTER

Directions

1. Preheat oven to 350 F. 2. Line a 12-cup muffin tin with liners and spray with nonstick cooking spray. 3. In a large bowl, mix bananas, almond butter, eggs, maple syrup, and vanilla extract. 4. Stir in oat flour, baking powder, and salt until smooth. 5. Evenly divide batter into liners. Add 1 tsp strawberry fruit spread to the top of each muffin. 6. Use a butter knife to gently swirl the spread into the batter. 7. Bake for 22–27 minutes until a toothpick comes out clean. 8. Transfer muffins to wire rack to cool and enjoy!

You never have to go it alone if you’re charged with a crime or facing any other legal issue. If you or a loved one are in trouble with the law, call me right away at 310-424-3145. I’m here to get you the legal help you need (and if your issue is outside of my areas of expertise, I can connect you with other trusted, experienced attorneys). LEGAL ADVERTISEMENT

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Law Office Of Mark Rosenfeld 8200 Wilshire Blvd., Suite 200 Beverly Hills, CA 90211 310-424-3145

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INSIDE THIS ISSUE

1 2

More Changes Going Into 2021 —What We’re Looking Forward To

‘The Bachelorette’ Contestants Go to Court

DUIs Under 18 —What are the Penalties?

3

What Goes Into ‘Winning’ a DUI Case?

Strawberry Kissed Almond Butter Muffins

4

Is the iPod Dead?

How America’s Favorite MP3 Player Fell Out of Favor — and Found a New Audience IS THE IPOD DEAD? Never face a legal problem alone. Any time legal help is needed, please call my office right away. My office will make sure you get the right attorney and the help you need.

Media outlets have been declaring the iPod "over" for years. In 2017, a USA Today article blared, "Say goodbye to the iPod era,” and a 2018 Reddit thread asked, "Why are iPods still a thing?" But, despite that lack of consumer confidence, Apple continues to sell brand- new Apple iPod Touches on its website for $199 and up, and it just updated them in 2019 — why? As it turns out, the iPod is now a tool almost exclusively for kids. When the first iPod MP3 player was released in 2001, adults went nuts for it, but these days, we can listen to music on our versatile smartphones, which have supplanted the iPod for most people. Young children, however, don’t necessarily have the smartphone option — and many parents don’t want them to. An iPod has become a gateway device: It’s the perfect way to give a kid the independence of listening to music on the go without exposing them to everything a smartphone has to offer. According to a Medium post by Yash Patel, the Apple iPod Touch has stuck around to serve this new audience because the pairing benefits both parents and Apple. There is a plethora of pluses for parents:

• iPods have music and games to keep kids busy. • Kids can stay in touch with their families using FaceTime and iMessage on an iPod, but they can’t call or text (as there’s no service plan). • A $199 iPod isn’t as big of a loss as its more expensive counterpart, the iPhone, if your toddler drops it in the toilet. For Apple, selling iPods brings in additional revenue, but there’s an even bigger perk. As Patel puts it, giving a kid an iPod “brings them into the Apple ecosystem, thus making them more likely to buy an iPhone when they are ready for an upgrade.” With a net worth of more than $2 trillion, Apple can afford to play the long game. If you’re interested in buying an iPod for your child but you’re not sold on the $199 price tag, we can’t blame you. Luckily, there are plenty of secondhand and refurbished iPods floating around the internet at deeply discounted prices. BackMarket.com sells refurbished Nanos, Classics, and Touches with a 12-month warranty for as low as $40. Whether you’re shopping for your kids or just want to kick it old school, that’s a great place to start.

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