As part of the scheme, the defendants would contact the homeowners and promise to refinance their distressed loans. Knowing they were unable to perform to their promise, they submitted loan applications from non-existent potential buyers of the property. The loan applications were funded as purchase money mortgages. Some of those mortgage money loans were skimmed and kept by the defendants. As a result, lenders realized actual cash losses when the “straw buyers” did not make any loan payments. The homeowners lost title to their homes when the loans fell into default.

Much of the illegally obtained money was used for personal expenses, such as the purchase of a Lamborghini, a high performance sports car, and illegal drugs.

As an increasing number of complaints are investigated, more mortgage fraud is being discovered. Accordingly, mortgage fraud prosecutions are expected to increase due to the increase in fraudulent activity in recent years due to the increased lending activity of the mortgage banks. Mortgage fraud is a federal crime and will be investigated by the FBI. Sentencing for mortgage fraud is also extremely harsh. Often, a sentence the most severe mortgage fraud is more severe than that of some violent crimes, which often carry shorter prison sentences.

If you have been arrested for mortgage fraud, or if you are currently under investigation for engaging in fraudulent mortgage activities, you need the assistance of a qualified attorney familiar with mortgages and the federal criminal system. You NEED the assistance of counsel BEFORE you speak to the authorities! If they have already contacted you it is not too late. Contact the federal criminal defenders at Houston Law of California TODAY! DO NOT WAIT! It is what you say that will do more damage to your defense than any other issue. Call Houston Law of California now at 714-841-3921 or email at info@HBLawyers.net.

A recent story published on

Cities and private towing operators make tens of millions of dollars a year from checkpoints. This cash mainly comes from towing fees and daily storage charges. An investigation by UC Berkeley has found that vehicle impounds at DUI checkpoints in 2009 generated an estimated $40 million in towing fees and police fines. This money is divided between the cities themselves and the towing companies called to impound vehicles seized (often unlawfully) from an arrestee.

In addition to tens of millions of dollars generated in towing fees and police fines, police officers received an additional $30 million in overtime pay for staffing the DUI checkpoints. Police officer overtime accounts for more than 90 percent of the expense of such checkpoints. Departments do not generally assign officers to work checkpoints during their regular shifts.

In addition, according to guidelines established by the National Highway Traffic Safety Administration (NHTSA), law enforcement agencies tend to use more officers than a checkpoint requires, thus increasing the unnecessary expenses to the taxpayers. Statewide, police departments on average deployed 18 officers at each checkpoint, according to state data. The federal traffic safety agency advises DUI checkpoints to be staffed with as few as six officers! Police departments are using three times as many officers on average than is suggested or even necessary. The officers that are working overtime (generally ALL of them) are being paid an increased hourly rate. The additional officers at a DUI checkpoint cost state and federal taxpayers an extra $5.5 million in 2008-2009.

With support from groups such as Mothers Against Drunk Driving (MADD), California more than doubled its use of sobriety checkpoints the past three years. In a predictable fashion, State officials have declared that 2010 will be the “year of the checkpoint.” Police are scheduling 2,500 of the operations in every region of California. Don’t be a statistic. Do not shoulder the burden of California’s financial woes. If you are stopped for DUI at a sobriety checkpoint, do not answer any questions and DO NOT PERFORM ANY FIELD SOBRIETY TESTS!!! (See “Stopped for DUI? Just say “NO” to Field Sobriety Tests” part I and II at http://hblawyers.net/2009/02/tgabeh/stopped-for-dui-say-no-to-field-sobriety-tests-part-i/ )

If you have been arrested for Driving Under the Influence in Newport Beach, Huntington Beach, Santa Ana, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges, possibly getting them reduced or dismissed, and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

Officer: “How much have you had to drink?”

Client: “I will not answer that, sir.” 

Officer: “I smell alcohol on you tell me how much you’ve had to drink?” 

Client: (No answer). 

 Officer: “Step out of your truck.” 

Client: “OK.”  

Officer: “Step over to the curb.” 

Client: “OK.”  

Officer: “I want to give you a few balance and coordination tests.” 

Client: “No sir.” 

Officer: “What do you mean?”

Client: “I mean I will not do your FST ballet.”

Officer: “Why not?”  

Client: “One, I don’t want to. Two, I am not legally mandated to so do. Three, your tests on a person my age (67) are not scientifically validated.” 

Officer: “Yes they are.” 

Client: “Wrong.”

 Officer: “All right, I’m just going to give you an eye test.”

Client: “Wrong again, sir.” 

Officer: “If you don’t comply you will be arrested.” 

Client: “For what?” 

Officer: “I have reason to believe you were driving under the influence.”

Client: “Based on what?”  

Officer: “Are you refusing to do the test?”

Client: “If you are talking about FST’s (field sobriety tests) or SFST’s (standardized field sobriety tests), I am.  If you are talking about a chemical test, I am not and will submit to a blood test.” 

*******Client was taken to hospital for a blood draw and then to jail. He was charged with CVC 23152(a) and (b) and PC 148(a)(1)******** 

Client: “Under what basis am I being charged for the 148?”

Officer: “You failed to submit to a FST and thus obstructed my investigation.”

Client: (laughter) “OK!”. (NOTE: He answered NO questions other than his NAME!)

I consistently tell my clients to REFUSE to answer any questions the officers pose, other than their NAME, and present the officer ONLY with their license, registration, and a copy of their insurance. Providing any answers to the police inquiry is simply assisting the police in building their case against you. The police officer must show IMPAIRMENT. They use the FST’s as a means of demonstrating that you were impaired (presumably by alcohol) and therefore in violation of driving under the influence of alcohol and/or drugs.

FST’s are NOT a pass/fail test. They are a FAIL/FAIL test. Therefore, ALWAYS REFUSE TO TAKE THEM! Without indicia of driving impairment, and without providing the police officer any basis on which to claim this driver was actually impaired, my colleague has a very good chance of successfully defending against the criminal action for suspicion of driving under the influence of alcohol. He certainly will have a colorable claim to have the 148 dismissed outright! It is can NEVER be a criminal violation to exercise your constitutional rights!

If you have been arrested for Driving Under the Influence in Newport Beach, Huntington Beach, Santa Ana, Long Beach, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges, possibly getting them reduced or dismissed, and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

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California Penal Code §647(f) specifically states that one can be convicted of a misdemeanor for disorderly conduct if he or she is found in a public place under the influence of alcohol or drugs, or any combination of alcohol and drugs in a condition that he or she is unable to exercise care for his or her own safety or the safety of others OR if he or she interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

There are many techniques to attack any arrest for being drunk in public. Case law is very specific as to what qualifies as being “unable to care for one’s own safety”. Often, police reports are vague (at best) as to the actions that the officer deemed “unsafe” to the arrestee. Furthermore, the law is also specific that if arrested under 647(f), the arrestee must be taken to a specified facility and shall NOT be subject to any criminal prosecution for the events giving rise to the arrest for Public Intoxication (also known as Drunk in Public). But, to properly fight these allegations and make sure your rights are honored, you need the assistance of an experienced lawyer who is able to handle your case and possibly get it dismissed.

If you have been arrested for Public Intoxication or Drunk in Public in Long Beach, you need the assistance of a competent and experienced defense attorney working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your Public Intoxication charges in Long Beach and anywhere in Orange County or Los Angeles. The lawyers at Houston Law of California can handle any other criminal accusations against you. (Often, “Drunk in Public” cases turn in to DUI arrests). Call TODAY! Do NOT WAIT! Call the Long Beach criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

For a discussion leading up to the increases in arrests, see http://thedistrictweekly.com/2009/daily/writing-shotgun/the-legend-of-belmont-shore-bar-problems-grow/ and http://thedistrictweekly.com/2009/print/news/say-cheese/

California Vehicle Code (CVC) §23152 is the non-injury drunk driving statute. Non-injury drunk driving is more commonly referred to as “misdemeanor drunk driving”. CVC §23152(a) makes it illegal to drive a vehicle while under the influence of alcohol or drugs (or any combination of the two). CVC §23152 (b), a.k.a. the “per se” statute, makes it illegal to drive a vehicle with a blood or breath alcohol concentration (BAC), also known as blood alcohol level, of 0.08% or more

The difference between subdivisions (a) and (b) of §23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven.

In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone. Obviously different people have different requirements of alcohol ingestion to show signs of impairment. In fact, some people are under the influence at alcohol levels as low as 0.05%, while others can have a BAC as high as .10 before showing signs of impairment. Therefore, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b)

In most cases with chemical test results, both (a) and (b) will be charged, but a person is only subject to conviction on one of them. The key to a conviction for Subdivision (a) is that the officer must show signs of impairment. Simply having alcohol in your system is not sufficient for a conviction under CVC §23152(a).

For this reason alone, I always consult clients the avoid performing any Field Sobriety Tests (FST’s). By requesting a driver to perform FST’s, the officer is simply trying to record signs of impairment. The officer will then use his observations to establish that the driver was driving under the influence, even if the drivers’ BAC is below .08%!  By submitting to FST’s, you are assisting the officer to make a case against you for violating CVC §23152(a).

If you have been arrested for Driving Under the Influence in Huntington Beach, Newport Beach, Irvine, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Orange County criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .

No established medical history or clinical diagnosis of substance dependence. Furthermore, there can be no substance abuse within the preceding 2 years.

“Substance” includes: alcohol, sedatives, hypnotics, and central nervous system stimulants (e.g. cocaine, amphetamines, hallucinogens, cannabis, etc)

(ii) “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages. To determine “dependence” the FAA Medical Surgeon looks for symptoms of Increased tolerance; withdrawal symptoms; Impaired control of use and/or Continued use despite damage to physical health or impairment of social, personal, or occupational functioning.

A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation can can be determined to be “Substance Abuse”, thus creating eligibility for a medical certification denial.

Lastly, the Federal Air Surgeon has discretion to determine misuse of a substance, based on case history and appropriate, qualified medical judgment relating to the substance involved, if he finds that a person is unable to safely perform the duties or exercise the privileges of the airman certificate or may reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges.

There has been more than one occasion where the Federal Air Surgeon has revoked or denied a pilots privilege to fly based on a criminal history stemming from multiple charges of driving under the influence (DUI) or driving while intoxicated (DWI). Furthermore, any pattern of drug use based on criminal charges stemming from drug possession, abuse or trafficking can also result in a denial or revocation of an airman medical license. If you have had your medical license revoked, suspended or denied, or if you are a pilot that has been arrested for drunk driving, you need the assistance of a competent criminal defense attorney with experience in aviation law to ensure your rights are protected. Call the aviation lawyer at Houston Law of California TODAY! DO NOT WAIT! Call 714-841-3921 or email Gabe@HBLawyers.net.

The men were arrested in May of last year in possession of sixty-two (62) abalone. According to California Fish and Game permit restrictions, the men collectively were permitted to have a total of twelve between the four of them as the limit is three per person.

If you have been arrested or cited for illegal fishing , fishing with an illegal permit or other violations of Fish and Game restrictions, you need the assistance of a competent criminal defense attorney. As you can see, not only will the fines be severe, but you may also be subject to losing the privilege of fishing in this state for the rest of your live. Call Houston Law of California to speak with a criminal defense who is knowledgeable in this area and how to preserve your rights and protect your privileges. Call 714-841-3921 TODAY, or email Gabe@HBLawyers.net.

By pursuing these alleged criminal’s “federally”, the effort is intended to sentence pimps with much tougher prison terms than they would likely get in state criminal courts. Government prosecutors also seek to bring racketeering charges or conspiracy charges that can result in decades of jail time. Wiretaps and undercover sting operations were required to be conducted in order to bring charges.

If you have been arrested for prostitution, pandering, solicitation, or pimping in Huntington Beach, Santa Ana, Long Beach, or anywhere in Orange or Los Angeles County, you need the assistance of competent federal criminal defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston & Blanco will fight to get your charges dismissed or dropped. We can assist with your prostitution, solicitation or pimping charges and handle any other federal criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Long Beach and Santa Ana criminal defense attorneys of Houston & Blanco at 714.841.3921 or email at info@HBLawyers.net.

The “Standardized” tests, as established by the NHTSA, are: The Horizontal Gaze Nystagmus (HGN) test; The Walk and Turn (WAT), and The One-Leg Stand (OLS).

Horizontal Gaze Nystagmus (HGN)
“Nystagmus” means an involuntary jerking of the eyes. HGN refers to an involuntary jerking of the eyes as they gaze toward the side. The central point is that the normal motion of the eye is impaired (presumably due to alcohol or drug intoxication) and the resulting nystagmus is involuntary and uncontrollable. What isn’t readily discussed by the prosecuting attorney is that science has proven the existence of numerous other factors (aside from alcohol) that may cause noticeable nystagmus.

In administering the test the officer has the subject follow the motion of a stimulus with the eyes only. The stimulus may be the tip of a pen or penlight, an eraser on a pencil or a fingertip. As the eyes move from side to side each eye is examined for three specific clues:

1. Lack of Smooth Pursuit - Does the eye move slowly or does it jerk noticeably? If there is smooth pursuit, your eye should appear as if it were a marble rolling over glass. If there is a lack of smooth pursuit, your eye should appear as if it were a marble rolling over sandpaper.

2. Distinct Nystagmus at Maximum Deviation - When the eye moves as far to the side as possible and is kept at that position for at least four (4) seconds, does it jerk distinctly?

3. Onset of Nystagmus Prior to 45% as the eye moves to the side - Does it start to jerk prior to a 45% angle?

Officers frequently fail to properly administer the HGN. It is critically important for your attorney to review the videotape (if available), to ascertain whether the test was properly administered or whether suppression of the results is possible.
Walk and Turn (WAT)
The WAT is a divided attention test consisting of two stages: Instruction Stage and Walking Stage. In the instruction stage, the subject must stand with their feet in heel to toe position, keep their arms at their sides, and listen to instructions. The subject must maintain the heel to toe position and may not begin walking until all instructions are given. In the Walking Stage the subject takes nine heel to toe steps, turns in a prescribed manner, and takes nine heel to toe steps back, while counting out loud and watching their feet. Officers observe the subject’s performance for eight clues:

1. can’t balance during instructions;
2. starts too soon;
3. stops while walking;
4. allows more than ½ inch between heel and toe;
5. steps off line;
6. uses arms for balance;
7. loses balance on turn or turns incorrectly; and
8. takes the wrong number of steps.

A subject who exhibits two or more clues will fail the test. Scoring is entirely subjective and within the officer’s discretion.

One Legged Stand (OLS)
The OLS is also divided into instruction and performance stages. In the Instruction Stage, the subject must stand with feet together, keep arms at side and listen to instructions. In the Balance and Counting Stage, the subject must raise the leg of his choice approximately 6 inches off the ground, toes pointed out, keeping legs straight. While looking at the elevated foot, count out load in the following manner: “one thousand and one”, “one thousand and two”, etc., until told to stop. The officer will instruct the subject to stop after 30 seconds. The subject is observed for the following clues:

1. sways while balancing;
2. uses arms to balance;
3. hops; and
4. puts foot down.

A subject who exhibits 2 or more clues, as determined by the officer, will fail the test.

As you can see, an officer that has requested for a driver to perform any of these standardized tests is not investigating for clues as to why the driver should be released. Rather, the officer is searching for confirmation as to why he should arrest you for driving while intoxicated. The validity of the SFST results are always questionable in almost every case. For any result to be valid and reliable, Officers must administer the tests exactly as trained. Any deviation can lead to invalid results. A requirement for any test to be valid is that the tests must be performed on a flat surface. Any incline or uneven surface will result in unreliable results.

Moreover, even if administered perfectly, the tests themselves are not perfect and they are not appropriate for many individuals who have had certain past injuries, medical conditions, advanced age, etc. Therefore, we recommend that if you are pulled over for suspicion of driving under the influence of drugs and/or alcohol, DO NOT SUBMIT TO PERFORMING ANY FIELD SOBRIETY TESTS!!!

If you have been arrested for Driving Under the Influence (DUI) in Huntington Beach, Newport Beach, Santa Ana, Long Beach, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston & Blanco can assist with your DUI charges and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Newport Beach criminal defense attorneys of Houston & Blanco at 714.841.3921 or email at info@HBLawyers.net .