Child Abuse - False Reports Do Happen, What You Should Do If Accused

Posted on October 5, 2009
Filed Under Child Abuse, criminal defense attorney | Leave a Comment

Today’s high profile cases of crimes against children have resulted in a hyper vigilance in the community against child abuse. Although this is a positive step in our society, it can create a state of heightened anxiety with resulting false accusations.

Those accused of child molestation, abuse or sexual assault crimes are despised, ostracized and/or shunned by society—whether or not the accusation is false. The mere mention or suspicion of child molestation or sexual assault crimes are enough to have someone forced out of their community or expelled from his/her profession. A conviction could mean a lifetime registration as a child sex offender.

It is illegal for anyone to file a false report of child abuse, but regrettably, it happens every day. Even though more than half of reported abuse cases are false, this offense has the highest conviction rate of all felony crimes. The law is written to protect children first, so even though you may be completely innocent, you will need to defend yourself.

If you get caught in this nightmare, even though you are completely innocent, the first step you must take no matter how painful is to acknowledge the seriousness of the charges. If you feel you do not need to worry because no one could possibly have a case against you, you are putting yourself at risk. It is startling how fast these situations can spin out of control. The consequences for a conviction for this crime can be permanent, so it is crucial to protect yourself and your children immediately.

You need to find a lawyer experienced with these types of charges. Don’t speak to any officials except your attorney about the case. Even if you have not been officially charged, you need to be prepared in case you are eventually arrested.

If you have been falsely accused or suspected of child abuse or molestation, or you’re being investigated or charged formally of a crime against children, it is critically important to entrust your case to an experienced attorney who understands the law and how to defend these types of cases.

Whatever you do, do not attempt to handle this matter on your own or with advice from family members. If you have been contacted by the police for an interview, do NOT speak to them unless your attorney is present. Anything you say to the police can and will be used against you.

Megan’s Law - Protecting Children from Sexual Predators

Posted on September 25, 2009
Filed Under Child Abuse, Kidnapping, Megan's Law, Rape & Sex Offenses, Sex Offenders | Leave a Comment

In California, Megan’s Law “requires convicted sex offenders to register with their local law enforcement agency,” explains Los Angeles criminal defense attorney Stephen Rodriguez. Megan’s Law also “makes it possible for people to get information about the identity and address of registered sex offenders,” the experienced lawyer noted. As an aid to concerned parents and California citizens, Rodriguez provides a link to both California’s and national registered sex offender databases on his website.

Megan’s Laws have been initiated in all 50 states. Created in response to the brutal rape and murder of 7-year-old Megan Kanka by a neighbor who was a convicted child molester, many feel Megan’s Law has been instrumental in protecting children from sexual predators and in finding those who commit sexual offenses against children. So why didn’t Megan’s Law help Jaycee Lee Dugard sooner?

Kidnapped at the age of 11, Jaycee was raped and kept confined in a rustic backyard compound for 18 years by Phillip Garrido (see our Sep. 23 post). Garrido, who served 10 years in prison for a 1970s kidnapping and rape, was registered on California’s sex offender registry. Even while keeping Jaycee captive, Garrido checked in with local authorities as required by California law and reported to a parole officer for the 1970’s rape. 

While citizens believe that registration means sex offenders are well monitored by police, the reality is that law enforcement resources are seriously overwhelmed. In Contra Costa County where Garrido resided there are 1,700 registered sex offenders and more than 65,000 registered throughout California. Registered sex offenders include both people arrested for the most heinous sexual crimes against children and those arrested for minor crimes like exposure, making it difficult to distinguish the degree of risk posed by an individual.

Many question whether Megan’s Law actually deters sexual predation against children. As recently pointed out by an intriguing New York Times article on the limitations of sex offender registries, it may simply be forcing predators like Garrido to relocate in rural areas where their activities are less visible.

For more information on Megan’s Law, links to sex offender registries and tips for protecting your children, visit L.A. attorney Stephen Rodriguez’ Megan’s Law website.

–LegalPro

Rape and Sex Crimes - Dugard Kidnapping Shocks Nation

Posted on September 23, 2009
Filed Under Child Abuse, Criminal Law, L.A. Criminal Defense Attorney, Megan's Law, Rape & Sex Offenses, Sex Offenders | Leave a Comment

The discovery of Jaycee Lee Dugard living in makeshift tents behind a home in Antioch, California 18 years after her abduction shocked the country. Snatched from a school bus stop near her South Lake Tahoe, CA home in 1991 when she was 11, Dugard had been held in isolation by a convicted sex offender who fathered two children with her, one when she was only 14. Phillip Garrido and his wife, Nancy, were arrested. Garrido, charged with kidnapping, raping and imprisoning Dugard, is now suspected in the kidnapping and disappearance of two California 13-year-olds in the late 1980s.

With a twisted history of sexual abuse and drug use, Garrido became fanatical about religion in the 1970s. Imprisoned in 1977 for kidnapping and repeatedly raping a Reno, Nevada woman, he told a police psychiatrist, “I have been brought to God.” It was his religious fervor that eventually led to Dugard’s discovery and rescue and Garrido’s arrest. His odd behavior while seeking a permit to hold a religious rally at UC-Berkley made officials suspicious, triggering events that led to his arrest.

Child molesters often turn to religion to rationalize their actions, Ken Lanning, a former FBI profiler specializing in kidnapping and child abuse cases, told the Associated Press. “A lot of them, when they’re molesting children, put a lot of time and energy into trying to convince themselves that they’re not bad people,” Lanning said. “In some cases, the element of religion will come into it, and they will use varying aspect of their religious belief to justify all of this.”

In conversations with neighbors and business clients and in police interviews before his arrest, Garrido repeatedly talked about finding God. The Reno woman he raped in 1977 said he preached about God and Jesus while he was raping her.

On Friday: Why Megan’s Law didn’t help Jaycee Dugard sooner.

-LegalPro

Shoplifting - California Couple Confesses on Dr. Phil

Posted on September 21, 2009
Filed Under Internet Crime, News, Shoplifting, Theft | Leave a Comment

In what sounds like one of David Letterman’s Stupid Human Tricks, a California couple confessed on Dr. Phil that for the last 7 years they had been shoplifting toys and selling them on eBay. The couple, Matthew Eaton, 34, and his 26-year-old wife Laura, told a national TV audience they had made more than $1 million stealing from stores in several states and reselling the stolen merchandize online, a crime known as e-fencing. When the couple confessed on camera, an incredulous Dr. Phil said, “I’m no lawyer or cop, but isn’t that a federal crime?”

A San Diego federal grand jury certainly thought so, recently indicting the two. Investigators raiding the couple’s San Marcos home found more than 500 boxes of toys and other items.

The Eatons told Dr. Phil that they often used their three toddlers as decoys during shoplifting excursions. “Sometimes we just kind of go in together as a nice little family to make it seem like we’re normal people, and we don’t look like the kind of people that steal,” Matthew said.

The Eatons said they were telling their story to help them stop shoplifting. Dr. Phil warned the Eatons to stop, but four months later they were still at it. At a court hearing last week the Eatons pled no guilty. They are being held pending bail, and their children have been placed with relatives.

Stealing something from a store is shoplifting. When the property stolen is valued at $400 or less, it is considered petty theft in California. When objects stolen are valued over $400, shoplifting is considered grand theft which carries more stringent penalties. To find out more about the crime of shoplifting and your legal rights, visit the website of experienced Los Angeles criminal defense attorney Stephen Rodriguez.

-LegalPro

Murder - Swimsuit Model’s Murderer Found Dead

Posted on September 11, 2009
Filed Under Celebrities in Trouble, L.A. Criminal Defense Attorney, Murder, News, criminal defense attorney | Leave a Comment

The suspected murderer of swimsuit model Jasmine Fiore has been found dead, an apparent suicide. Charged with murdering his ex-wife, reality TV contestant Ryan Jenkins had fled to his native Canada. His ex-wife was found stuffed into a suitcase in a trash bin south of Los Angeles. Strangled, her fingers and teeth removed, Fiore’s mutilated body had to be identified by the serial numbers on her breast implants. Previous charges of domestic violence and recent accounts of bitter arguing, led California prosecutors to charge Jenkins with first-degree murder of his ex-wife. After initially reporting his wife missing, Jenkins fled, sparking a nationwide manhunt that ended when Canadian deputies found him dead in a hotel near Vancouver. Authorities suspect suicide.

According to U.S. Department of Justice data, 11% of murder victims are killed by an intimate; i.e., a spouse, ex-spouse, boyfriend or girlfriend. One-third of women murdered are killed by intimates, a number that is increasing. Murder, as defined in the California Penal Code, is the intentional and malicious killing of a person. Premeditation is the defining element between first- and second-degree murder.

  • First-degree or felony murder requires prior consideration and planning of a willful and deliberate intent to kill. First-degree murder generally occurs during the commission of or intent to commit a crime. In California, first-degree murder carries a sentence of 25 years to life in prison.
  • “Second-degree murder also requires malice and acting intentionally, but it does not require premeditation and deliberation,” Los Angeles criminal defense attorney Stephen clarified. In California, the sentence for second-degree murder is 15 years to life in prison.

For information about murder defense, contact the law offices of Stephen G. Rodriguez & Associates. Fluent Spanish spoken.

-LegalPro

Probation Violations - What Happens If You Break the Rules?

Posted on September 9, 2009
Filed Under Felony Crimes, L.A. Criminal Defense Attorney, Misdemeanor Offense, Probation, criminal defense attorney | Leave a Comment

R&B heavyweight Chris Brown could have pulled a jail sentence for battering girlfriend Rihanna (see Monday’s post), but his criminal defense attorney convinced the L.A. judge to gave him a second chance. Essentially, that’s what probation is; the court is giving you a chance to change your behavior and live within the law. Naturally, this opportunity comes with a short leash. You must precisely follow the terms of your sentence for the entire probationary period — in Brown’s case, 5 years — or face often severe consequences, including jail time. If you break any of the rules imposed by the court during your probationary period, you are considered in violation of your probation. Your probation can be revoked, and you can be arrested and taken to jail.

A number of factors and the skill of your criminal defense attorney in presenting your case to the court can influence the judge’s decision at a probation violation hearing, including:

  • Seriousness of your probation violation
  • Number of times you have violated probation
  • Mitigating or aggravating circumstances
  • Timing of the violation (early or late in your probationary period)
  • Involvement in a new crime
  • Recommendation of your probation officer

Los Angeles criminal defense lawyer Stephen Rodriguez notes that a skilled criminal defense attorney can “effectively negotiate alternatives to jail” in cases of probation violation. Not only can an experienced criminal defense attorney properly prepare you for your hearing, but he can gather character, employment and reference letters to present to the court and locate and interview witnesses who can aid your defense. Particularly important, an expert criminal defense attorney like Stephen Rodriguez who has a respected, professional relationship with the Los Angeles probation department can establish useful communication with the department and your probation officer. He may be able to get your probation reinstated or have community service or counseling ordered to keep you out of jail.

-LegalPro

Domestic Violence - Chris Brown Gets Probation, Physical Labor

Posted on September 7, 2009
Filed Under Celebrities in Trouble, Domestic Violence, L.A. Criminal Defense Attorney, criminal defense attorney | Leave a Comment

R&B singer Chris Brown was sentenced to five years of probation and six months of physical labor for the domestic violence beating of then girlfriend Rihanna last February. Los Angeles Superior Court Judge Patricia Schnegg sternly warned the singer that he could do jail time if he violates the terms of his sentence. Brown was also ordered to attend domestic violence counseling for one year.

High profile domestic violence cases like Brown’s shed a national spotlight on a growing problem. The latest federal National Crime Victimization Survey shows a 42% increase in domestic violence over the past two years.  According to the American Institute on Domestic Violence, 90% of all domestic violence victims are female; and domestic violence is the leading cause of injury to women. Statistics compiled by the American Bar Association indicate that approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner each year. In 2000, 33% of female murder victims and 4% of male murder victims were killed during domestic violence disputes.  

Layoffs, job loss, home foreclosures, loss of retirement savings and financial problems resulting from the recession appear to be fueling the nationwide increase in domestic violence. “Domestic violence covers a wide range of abuse, including spousal abuse and child endangerment,” said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, domestic violence laws apply not only to married couples, but also to cohabiting couples, ex-spouses, unmarried parents of a child, dating couples and people with a former dating relationship.

California domestic violence laws are complex and highly specialized. ”Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws,” warns criminal defense attorney Rodriguez. In Los Angeles, a domestic violence charge demands skilled representation by a criminal defense attorney experienced in domestic violence litigation.

-LegalPro

Bench Warrant - Forget Your Court Date; Go to Jail

Posted on August 21, 2009
Filed Under Criminal Law, Los Angeles Criminal Defense, Warrants, criminal defense attorney | Leave a Comment

Fail to appear for your court date or pay a fine and you could find yourself tracked down, handcuffed and carted off to jail. It could jeopardize your job if it happens in front of your boss and co-workers. It could embarrass you if it happens in front of your neighbors. It could traumatize your children if it happens in front of your family. As they say, the law waits for no man. If you don’t show up in court when you’re supposed to, the judge will issue a bench warrant. The most commonly issued type of warrant in California, a bench warrant is an order for a person’s immediate arrest.

Most often issued for failure to appear in court on the scheduled date, a bench warrant all but guarantees you an embarrassing ride in an LAPD cruiser and a night in jail where you’ll have to wait until a judge can hear your case. At your hearing, the judge will reschedule your original court date. Having proved yourself to be what the court considers a flight risk by failing to appear, the judge is unlikely to release you while you wait for your new court date. The judge will most likely set bail or return you to jail to guarantee you show up on the new date. If other outstanding warrants exist, bail will probably be denied and you’ll be returned to jail. Depending on how heavy the court docket is, you could be forced to wait in jail for weeks or months until your new court date.

If you discover that a bench warrant has been issued for you, it is essential that you return to court immediately with an experienced criminal defense attorney like Stephen Rodriguez. Contact LA criminal defense attorney Stephen Rodriguez today. Fluent Spanish spoken.

-LegalPro

Rape - So You Think You Can Dance Star Charged with Rape

Posted on August 19, 2009
Filed Under Celebrities in Trouble, L.A. Criminal Defense Attorney, Rape & Sex Offenses | Leave a Comment

Choreographer Alex Da Silva had better brush up on his fancy footwork, though that’s what seems to have gotten the So You Think You Can Dance tango king into trouble. Da Silva was arrested at his North Hollywood home yesterday on charges of rape and other sex crimes. On behalf of four of Da Silva’s female dance students, the Los Angeles District Attorney charged the dance master with four counts of forcible rape, two counts of assault with intent to commit rape, and two counts of sexual penetration with a foreign object. Da Silva faces possible life in prison if convicted of all charges.

The LA District Attorney’s Sex Crimes Division vigorously prosecutes rape and sex crimes, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. “Generally, sexual assaults include unwanted physical contact with a sexual organ. Physical contact is unwanted if the victim ’says no,’ physically objects or was not able to give consent due to mental incapacitation,” explained the experienced criminal defense lawyer. Because California law does not require evidence that the rape victim physically objected to the sexual act, it is critical that the accused immediately seek the services of a criminal defense attorney experienced in handling rape and sex crime cases in Los Angeles.

Sex crimes are a particularly hot button issue in American society today. But as attorney Rodriguez points out, “As unpopular as sex offenses and alleged sex crimes are in society, individuals accused of sex crimes have the same rights as any other criminal defendant.” Consent, insufficient evidence and mistaken identity provide avenues for defense. Conviction of a sex crime is life changing. Penalties can include jail, community service, counseling, probation or parole and lifetime sex offender registration. If you are charged with rape or a sex crime, contact experienced criminal defense lawyer Stephen Rodriguez today.

-LegalPro

Fraud - Investor Cons Increasing

Posted on August 17, 2009
Filed Under Felony Crimes, Fraud, Internet Crime, L.A. Criminal Defense Attorney, Theft, criminal defense attorney | Leave a Comment

Bernie Madoff isn’t the only con artist stealing millions from gullible investors. Investment scams have increased since the economy tanked. Investors are looking for a quick way to recoup losses and con artists are only too happy to relieve them of their cash. Here’s how the top five scams work:

  • Ponzi schemes lure investors with promises of high returns. Money from new investors is used to pay off early investors until the pyramid collapses. Most investors lose everything.
  • Real estate investment cons promise high returns for flipping real estate. Investors lose when rehabs are never performed or property is located in undesirable locations.
  • Investment/financial-adviser fraud occurs when an unscrupulous advisor takes advantage of a client’s lack of oversight. Funds may be embezzled, the cost of services inflated or  fictionalized services charged.
  • Oil and gas investment scams assure quick profits on oil and gas ventures that never get off the ground. Watch out for unregistered securities.
  • Affinity fraud targets a group — family, church, work — with which the con artist has a personal connection, using personal influence to dupe people into fraudulent investments.

Fraud is theft. “In California, theft crime charges can range from a minor shoplifting charge (for stealing something valued under $400) to grand theft, which can be charged as a felony and could require a state prison sentence,” said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, fraud is a wobbler, “a crime that can be prosecuted or charged as either a misdemeanor or a felony,” explained Rodriguez. The nature of the crime, dollar amount involved and defendant’s prior record can influence the charge. With the severity of sentencing hanging over wobbler offenses, expert legal representation is critical. “The right attorney can tip the justice scales in favor of a misdemeanor and minimize the impact of a wobbler crime,” Rodriguez said.

-Legal Pro

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