September 2015
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Angel Baseball Tickets Giveaway

Every month, Virginia is having a drawing to give away Angels "Diamond Club" Baseball Tickets.  Persons who send referrals to our office will be entered into the drawing as a token of our appreciation for expressing their confidence in us by referring new clients.  

 

Watch the 1 minute video below for more information.
Preferred Client Personal Parking 


 

We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.
Are Miranda Rights Required At A DUI Arrest? 
Anyone who has watched a single episode of Law & Order or any other crime-based TV show knows the Miranda rights. Immediately after catching the suspect, the police launch into their well-practiced spiel:  "You have the right to remain silent. Anything you say can and will be used against you..."

This list of rights is so well known that many people believe that any arrest is illegal if it is not immediately followed by the Miranda rights. However, these warnings are not required in every situation, and often an arrest is completely valid even if the detained person is never advised of his or her rights.



The Miranda warnings are meant to remind arrested people of their constitutional rights. However, these rights only apply if a person is both arrested (meaning in police custody) and is being interrogated about the alleged crime.

In a DUI situation, police will often ask questions like "How much have you had to drink tonight?" before you are ever arrested. Because you are not technically under arrest at that point, there is no legal obligation for the police to advise you of your rights. As a result, anything that you say or do before you are under arrest is fair game. The police know this, and will attempt to get you to answer as many questions as possible before arresting you. 

Even after an arrest, you may not be advised of your Miranda rights. If the police are not attempting to question you, then there is no reason for you to be advised of your rights. In many cases, especially with a DUI, police have all the evidence they need to sustain your arrest and will not ask you any more questions. After all, when police have the results of a breath alcohol or blood test, your verbal responses would do little to change their minds.

In general, it is always better to decline to answer questions during a DUI stop, both before and after an arrest. If you are arrested and the police continue to interrogate you or ask you questions without reading you your Miranda rights, an experienced DUI defense attorney may be able to have your responses thrown out.

At the Law Offices of Virginia L. Landry, our criminal defense attorneys understand the law and will protect your rights. For more information about DUIs or the DUI process, visit our website. To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.  
Robbery, Burglary, and Theft: Learn The Difference Between These Related Crimes
Theft, burglary, and robbery are similar crimes with important unique distinctions. If you have been accused of one of these crimes, understanding the differences between them can help you prepare for your defense.

Theft
The most basic, and least serious, of these three crimes is theft. In order to prove that a theft occurred, the prosecutor must show that the accused intended to permanently take or withhold the victim's property and permanently deprive him or her of its use.  This can't occur by mistake - the prosecutor must also show an intent to steal.

Also referred to as larceny, theft can involve many types of property, including everyday personal property, money, or the value of labor or services performed. A theft only occurs when the elements listed above apply. So, if a person has permission to take the property, or if a person mistakenly believed that the property was theirs, that person would not be guilty of theft.

In California, there are two classifications of theft: Grand theft and petty theft. Petty theft involves the taking of property worth less than $950, while grand theft involves property valued over $950 or property that is stolen from a person. Petty theft is almost always a misdemeanor, while grand theft can be a misdemeanor or felony depending on the circumstances.

Robbery
Like theft, robbery is taking something that does not belong to you which you do not have permission to take. Unlike theft, robbery requires that you take this property from a person while using force or the threat of force.

In order to take property from a person, that person must have control of it. This means that breaking into an unoccupied vehicle would be theft, but breaking into a car while the driver was inside would be robbery.

Robbery also requires force or violence. Though the classic example is a mugger with a knife or a gun, a robbery can occur when the accused uses the threat of violence or a victim's fear to take the property.

Robbery is always a felony in California, even when no one was injured. Whether the robbery is a first degree felony or a second degree felony depends on the circumstances. The sentences can also be extended automatically if a weapon was used during the crime; for example, using a gun during a robbery carries an additional, automatic sentence enhancement of 10 years even if it was never fired. If someone was injured or killed during a robbery, these sentence enhancements become much more severe.

Burglary
Unlike theft and robbery, burglary happens - by definition - inside a house or other dwelling place. According to California law, a burglary requires that a person enters a room, structure, or locked vehicle with the intent to commit a felony inside.

Even though burglary is often known as "breaking and entering," a person can be found guilty of burglary even if they didn't have to break in. For example, walking through an open garage door and stealing a bike would be burglary, even though there was no "breaking" involved.

In addition, though many people hear the term burglary and think of theft, burglary can involve any type of felony. Entering a home with the intent to commit an assault would be burglary, as would entering a bank with the intent to cash a forged check.

Like robbery, there are two degrees of burglary and both are always felonies. First degree burglary carries the harshest sentence and occurs when someone breaks into a house, apartment, or hotel room. Second degree burglary is more common in commercial buildings like department stores or banks.

Defenses Matter
In order to win a case against a person accused of robbery, burglary, or theft, the prosecution must be able to prove all elements of the alleged crime. If even one element of the crime is missing, the charges cannot stand.

If you are facing criminal charges for one of these crimes, you need experienced legal representation who understands the differences in the law. At the Law Offices of Virginia L. Landry, our experienced California criminal defense attorneys will consider all options for your defense, and can help you clear your name. For a free initial consultation, call 866.902.6880 or visit our website and schedule your appointment today.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.

 

As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.


In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.

 

Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.
Law Offices of  Virginia Landry