Marin DUI Lawyer Blog

Forty seven year old Michael Helms from San Pablo and forty five year old Larry Hernandez from El Sobrante were arrested Tuesday when Detectives saw them taking a catalytic converter from a truck in Marin County. Helms and Hernandez were arrested last week in Sonoma County on possession of stolen property charges and were being watched by detectives from the Sonoma County Sheriff's Property Crimes Investigation unit.

Mr. Helms and Mr. Hernandez are suspected of stealing at least three vehicles, breaking into a truck and stealing tools, along with stealing catalytic converters. Detectives conducing the surveillance of both men followed them from Rhonert Park to a park and ride lot in Novato where they observed Mr. Hernandez saw the catalytic converter off of a pick up truck in the lot.

Police officers approached both suspects who fled but were apprehended about a mile from the park and ride lot. Mr. Helms was arrested on charges of grand theft, conspiracy, possession of a controlled substance, possession of burglary tools, and driving on a suspended license. Mr. Hernandez was arrested for grand theft, conspiracy and possession of burglary tools. Both men were booked into the Marin County Jail.

Possession of a controlled substance can be charged as a misdemeanor or a felony depending on the drug, the quantity possessed and the suspects prior criminal record. Grand theft is also a wobbler offense punishable by up to three years in state prison as a felony and by up to one year in the county jail as a misdemeanor.

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Eliseo Hernandez, 43, was arrested on Friday evening after crashing his SUV on northbound highway 101 in Novato. Novao Police Officers said that Hernandez crashed after cutting off another vehicle and losing control.

Mr. Hernandez suffered minor injuries in the rollover and was treated at Marin General Hospital for head cuts. After receiving treatment at Marin General he was booked into the Marin County Jail on suspicion of drunk driving and driving with a suspended license.

The Marin County District Attorney will review the case and make a charging determination. Mr. Hernandez could be charged with a misdemeanor suspended license violation and a misdemeanor or felony DUI depending on whether he has any prior convictions for drunk driving. A conviction on a first offense for driving under the influence can result in the punishment including fines, license suspension, probation and mandatory attendance at a first offender DUI program.

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A Daly City man and woman were arraigned in the Marin County Superior Court on Monday on a charge of possession of cocaine for sale. Marco Larrios, 32, and Carmen Roxana Gonzalez, 27 were arrested on April 15, 2010, in Ignacio. A third person, Wilfredo Umanzor, 24, of San Francisco, was also arrested and has been charged with being a lookout for Mr. Larrios and Ms. Gonzalez.

A plea hearing for all three suspects is pending and they remain in the Marin county jail with Federal Immigration holds.

Possession of cocaine for sale is a felony under the California Health and Safety Code and carries a maximum sentence of 4 years in state prison. Depending on a person's criminal history, the facts surrounding her arrest and the amount of drugs possessed, it may be possible to have a drug sales charge reduced to a simple possession charge.

An experienced San Rafael criminal defense attorney will review the legality of the arrest and may run a motion to suppress evidence based on an illegal search or seizure in violation of the suspect's rights under the 4th amendment to the United States Constitution. If a motion to suppress is granted the drug charges would likely be dismissed.

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