California Weeding Out Illegal Sales by Pot Clubs
Posted on August 27, 2008
Filed Under Criminal Law, Drugs, Felonies, Law, Los Angeles, News, misdemeanor | Leave a Comment
California Attorney General Jerry Brown has ordered a crackdown on medical pot clubs, charging that some are illegally selling marijuana for profit. In an 11-page directive issued this week, Brown laid out the guidelines medical marijuana cooperatives must follow to be in compliance with Proposition 215. “The voters wanted medical marijuana dispensaries to be used for seriously ill patients and their caregivers — not as million-dollar businesses,” Brown said.
The newly issued guidelines direct that medical marijuana cooperatives must be nonprofit, must sell only to legitimate patients, must buy pot only from fellow cooperative members and only at prices that cover costs. Purchasing from professional growers for profit is forbidden.
In one of the first busts, the owner and alleged middleman of Today’s Health Care club in Northridge in Los Angeles County were arrested for drug dealing by state narcotic agents. More drug busts will follow, warned Brown. Since the passage of Proposition 215 in 1996, which gave California patients the right to use cannabis to treat their ills, the state has seen a proliferation of marijuana dispensaries that it says are illegally selling the drug for non-medical purposes. Authorities estimated that one-third to one-half of the state’s pot clubs may be operating illegally.
While marijuana dispensaries have been targeted by federal drug agents — the federal government does not recognize medical marijuana — this is the first crackdown by state agencies since enactment of Proposition 215. “We are not out to harass legitimate clubs,” Brown said. “The targets are those clubs that are part of a larger criminal operation where medical marijuana winds up being sold on the street and contributing to crime and violence.” If your business is targeted by the AG’s crackdown, consult a skilled criminal defense attorney to protect your rights.
-LegalPro
Southern California’s Focus on Gang Activity
Posted on August 26, 2008
Filed Under Gangs | Leave a Comment
Southern California political and law enforcement officials have increasingly focused on gang activity over the last five years, and sweeps of different areas and institutions have become more popular. A recent three-day sweep of Santa Ana ended with 85 people being arrested by the police, many of whom were alleged gang members. Police are also working with community groups, such as churches, to encourage members of the community to report crimes to the police and not be intimidated.
The police have also taken drastic mesaures to be creative with prosecuting gang activity. For example, tagging (or graffiti) often has ties to gang activity, because the tags are a form of marking territory for each gang. The LA County Board of Supervisors has approved measures to hold parents and guardians financially responsible for the damage done by taggers.
The law is designed to shake up parents and guardians who are in denial about their children’s actions, unaware of them or simply don’t care. It is another tool to hold the adults accountable, she said. Violators will also have to pay fines up to $1,000 and having liens issued against their property. When warranted, the measure also would allow authorities to seek felony vandalism charges in court.
Violence against citizens spured this law and other anti-gang activity by police. Robert Whitehead of Valinda was shot to death in 2006 after challenging young gang members he caught crossing out another gang’s graffiti on a neighbor’s garage. Last year, Pico Rivera grandmother Maria Hicks was gunned down after she honked her car horn, flashed her car lights and followed a tagger who had defaced a wall.
Murder, Mayhem Highlight New Hollywood Tour
Posted on August 25, 2008
Filed Under Celebrities, Criminal Law, Felonies, Law, Los Angeles, Murder, News, misdemeanor | Leave a Comment
Murder, mayhem, drugs and the other excesses of Hollywood’s rich and famous are the highlight of a new offbeat Hollywood tour. Dubbed the “Dearly Departed” tour, entrepreneur Scott Michaels gives tourists a glimpse of the dark side of fame and fortune. Murdered starlets, brutal beatings, celebrity drug overdoses, suicides, mob hits — all provide grisly stops on a tour of Hollywood’s more sordid landmarks.
With an ominous, “Sit back and rest in peace,” Michaels pulls the tour bus away from the Hollywood Boulevard curb, just down the street from the Kodak Theater. He regales tourists with the dramatic, gory details of some of L.A.’s most horrific crimes. The tour stops at the home where the infamous ”Black Dahlia,” Elizabeth Short, was murdered and dismembered in 1947. The crime remains the city’s most famous unsolved murder. In Los Feliz, the bus halts outside the home where Rosemary and Leno LaBianca were brutally butchered by the Charles Manson family in 1969. The Beverly Hills house where notorious mobster Bugsy Siegel was machine gunned to death in 1947 is another tour favorite. Tourists gasp at the site where in 1958 Lana Turner’s daughter fatally stabbed to death her mother’s paramour, gangster Johnny Stompanato.
Michaels takes his bus past the notorious Viper Room nightclub where River Phoenix died of a drug overdose in 1993 and the hotels where Janis Joplin and John Belushi met similar fates in 1970 and 1982, respectively. Even the site of Hugh Grant’s lurid interlude with a prostitute in the back of a car in 1995 makes the tour. As does the public toilet where George Michael propositioned an undercover cop and was arrested in 1998.
Savannah, Georgia tourist, Larry Browder, judged the tour a hit. “I thought that was part of the history, the murders which took place in this city, it needs to be told, it needs to be seen. It makes things more real.”
-LegalPro
California Supreme Court Redefines Parole
Posted on August 25, 2008
Filed Under Laws, News | Leave a Comment
A recent decision by the California Supreme Court changed radically how parole works in California. The court made it easier for prison inmates to win parole despite a governor’s objections, ruling that a woman who fatally shot and stabbed another woman with a potato peeler should remain free.
The 4 to 3 ruling, written by Chief Justice Ronald M. George, could affect nearly 1,000 parole cases now on appeal. Lawyers on both sides said it was the first time in recent history that the state high court ruled in favor of a prisoner in a parole case. Governors often deny parole to criminals whose crimes are particularly gruesome. In denying parole the the woman whose case came before the court, Gov. Schwarzenegger cited the “shockingly vicious” attack and the woman’s use of various aliases to avoid arrest for 11 years after the murder.
Parole is the supervised release of a prisoner before the completion of his/her sentence. The state legislature passes laws that determine the length of sentences for each crime, as well as inmate-release policies. Normally, parole for ex-cons runs three years, and nearly everyone is on it for the same length of time, regardless of their crime. However, in cases that are particularly violent, the governor has the power to reject parole. In this new ruling, the court said decisions on whether to grant parole to prisoners who received life sentences should be based on whether the inmate would pose a danger to the public if released. The court’s action marks a departure from a 2002 ruling, which held that the crime itself could justify denial.
Various restrictions come along with the terms of parole; California routinely orders near-universal drug testing for parolees. This is to make sure that those individuals recently released from prison are watched by the state.
For assistance with parole issues, contact the law firm of Stephen G. Rodriguez and Associates.
L.A. Robbery Epidemic Targets Trendy Melrose Ave.
Posted on August 22, 2008
Filed Under Criminal Law, Felonies, Law, Los Angeles, News, Robbery, Theft | Leave a Comment
For the eighth time in two weeks, robbers again struck Los Angeles’ trendy Melrose Avenue shopping district. During Wednesday’s evening rush hour, three young men jumped out of a silver Chevy Malibu to snatch the purse of a woman strolling along Genesee Avenue near Fairfax High School, said a spokesperson for the Los Angeles Police Department. No weapons were displayed, and the suspects returned quickly to their car and fled the scene.
Police are unsure whether Wednesday’s robbery was perpetrated by the same thieves as the previous seven robberies or is a copycat crime. The previous robberies were committed by one to three individuals who threatened victims with a gun while demanding money and valuables. Unlike Wednesday’s daylight robbery, those robberies occurred either late at night or in the early morning hours.
Melrose Avenue area residents upset about the crime spree have launched a campaign to warn neighbors and visitors to the popular shopping district. While no one has been hurt so far, most likely because victims have speedily complied with robbers’ demands, police are concerned that a tragedy could occur if a victim attempts to confront the robbers.
Robbery is a serious and violent felony in California punishable by state prison. Robbery is defined as the taking of property from an individual against his will by means of force or fear. When the force used is a gun or deadly weapon, it is called armed robbery. Use of physical force — pushing, shoving, beating, kicking or any kind of physical attack — is called strong arm robbery. Robbery differs from burglary and theft in the involvement of personal confrontation and use of force.
A robbery conviction carries a state prison sentence of 3 to 9 years for first degree robbery and 2 to 5 years for second degree robbery. Use of a gun added 10 years to the sentence and discharge of a gun adds 20 years. Robbery also falls under California’s strict Three Strikes Law which can further increase your sentence if convicted. If you are charged with robbery, you will need the assistance of a skilled criminal defense attorney with experience handling robbery cases.
-LegalPro
Is LAPD Ignoring DNA Rape Evidence?
Posted on August 21, 2008
Filed Under Los Angeles, Sex Offenders | Leave a Comment
The LA Daily News recently reported that more than 7,100 DNA samples from rape victims are backlogged at the Los Angeles Police Department amid funding and staff shortages that officials say are plaguing law enforcement agencies nationwide.
Those accused of rape, as well as victims of rape, are missing an opportunity to see justice served in this instance, because most juries and judges trust the outcome of DNA testing. In fact, the LAPD has not used $1.3 million in federal grants it has received since 2004, and the backlog of cases is tremendous. Recently, the Department of Justice penalized the department because of unspent grant money allocated in 2005, reducing its grant this year to $435,860.
The LAPD backlog comes as 2,285 rapes were reported last year in the Los Angeles area, with about 600 arrests. Some cities in California have set up “Sexual Assault Investigation Units,” which spends all of its energy investigating alleged sex offenses.
Many sexual assault acts have no witnesses therefore, sexual assaults are regularly prosecuted even if the evidence appears weak or the accuser lacks credibility. DNA evidence can be a great asset to either the prosecution or the defense, because it will most likely lend a great deal of credibility to one side or the other.
Rape in California is defined as the non-consensual intercourse with a woman accomplished by threats or force. Most of the California rape laws can be found in the Penal Code 261 sections.
The punishment or penalties for rape in California can include up to 8 years state prison for a first offense, as well as lifetime registration as a sex offender.
If you move to another state jurisdiction, you may be required to register as a sex offender for an “unlawful sexual intercourse”violation.
The experienced California rape defense attorneys at the Law Office of Stephen G. Rodriguez & Associates can assist you in proving your innocence. A false rape accusation is humiliating and damaging, and qualified defense attorneys understand that it is their duty to use their knowledge of California’s sex crime laws to successfully resolve your case as quickly as possible.
Feds Arrest 7 in L.A. Child Porn Ring
Posted on August 20, 2008
Filed Under Child Abuse, Criminal Law, Felonies, Law, Los Angeles, News, Sex Offenders | Leave a Comment
Federal and local law enforcement officers arrested 7 men in Los Angeles this week for participation in a computer child pornography ring. Charges of alleged possession or production of computer child pornography were filed against a total of 55 L.A. and Southern California individuals as a result of the 8-month investigation. Peer-to-peer computer networks like Limewire were used to exchange graphic images and videos of children.
“The evidence is horrific,” said U.S. Attorney Thomas O’Brien, noting that some of the children involved were as young as babies. “There seems to be an insatiable appetite for this kind of imagery,” said Salvador Hernandez, FBI assistant director in charge in LA. He noted that child pornography viewers often become sexual predators. The investigation was the first to target peer-to-peer users sharing child pornography.
Conviction for possession of child pornography carries a maximum 10-year federal prison sentence; however, those previously convicted of child exploitation face a mandatory minimum 10-year federal sentence.
Child pornography is just one type of internet prostitution that is vigorously prosecuted in California. If convicted, prostitution can result in jail time, a criminal record, loss of your job and public humiliation. Both users of internet prostitution and providers can be equally charged. Paying or receiving money for sex via the internet is a violation of California prostitution laws.
In the war against prostitution and internet porn, California prosecutors have been targeting and closing unlawful websites, targeting online personal profile ads on Craigslist and other sites and performing sting operations. Law enforcement efforts in LA have been particularly aggressive as this week’s arrests prove.
-LegalPro
Legislative Update: New Child Abuse Bill
Posted on August 19, 2008
Filed Under Child Abuse, Drugs | Leave a Comment
Assembly Bill 116, introduced by Assembly-member Greg Aghazarian, would alter California’s current child abuse laws.
This bill would provide that any parent, guardian, or caregiver of a minor child who knowingly and unlawfully consumes, smokes, inhales, ingests, or otherwise uses a specified controlled substance, if the act occurs in the immediate presence of, or is witnessed by, a minor child under his or her care, is punishable by imprisonment in the state prison for 16 months, or 2 or 3 years for this child abuse.
This bill would provide that if probation is granted for this offense,the court shall, as a condition of probation place the defendant in a drug treatment program, as specified.
The new law makes doing drugs in or around children a form of child abuse as it endangers the child’s life, either by the possibility of the child ingesting/inhaling the substance or simply by putting the child’s welfare at risk.
There was a case in October of last year wherein in a couple who had taken methamphetamine were accused of shaking their baby so badly that it had nine brain injuries. AB 116 is designed to prevent such crimes and punish those who commit abuse of their child.
What Is a Negligent Operator?
Posted on August 18, 2008
Filed Under Criminal Law, DUI, Felonies, Hit & Run, Law | Leave a Comment
If you accumulate too many points on your driving record, the California Department of Motor Vehicle (DMV) can tag you as a negligent operator. Negligent operators may have an excessive number of traffic convictions, auto accidents, hit and run accidents, DUI convictions or a record of reckless driving.
For each infraction of the California Vehicle Code, violation points are charged against your driver’s license. Generally, one or two points are assessed, depending on the nature of the violation. Points can also be assessed for tickets received from other states. Points are only assessed for vehicle-related violations, not for pedestrian or bicycle infractions. Violations that occur with a commercial vehicle carry 1.5 times the point count of a normal violation.
Negligent operators can have their driver’s license suspended, be placed on probation or have their driving privilege’s revoked. California defines a negligent operator as a driver who has been assessed:
4 or more points in 12 months,
6 points in 24 months, or
8 points in 36 months.
Before classifying you as a negligent operator, the DMV will send you a notice of intent to suspend or restrict your driver’s license. You have the right to a hearing to contest the suspension. You have the right to be represented by an attorney at the hearing and can present evidence to challenge the suspension. The judge’s decision is based on what is called “preponderance of the evidence.” It is the more convincing evidence and its probable truth, not the amount of evidence, that will determine the judge’s decision. At a negligent operator hearing, skilled representation by an experienced DMV attorney can make the difference between keeping or losing your driver’s license.
-LegalPro
Parental Kidnapping Takes Bizarre Turn
Posted on August 15, 2008
Filed Under Criminal Law, Domestic Violence, Felonies, Kidnapping, Law, Los Angeles, News | Leave a Comment
A parental kidnapping crime took a bizarre turn of events last week when Los Angeles homicide detectives travelled to Boston to interview Clark Rockefeller about the 1985 disappearance of a San Marino couple. They called Rockefeller a “person of interest” in the 20-year-old missing persons case. Rockefeller was arrested by police and arraigned in Boston for allegedly kidnapping his 7-year-old daughter from his ex-wife. The girl was found safe and returned to her mother.
Rockefeller’s arrest has sparked renewed interest in a Los Angeles cold case that involves the disappearance of John and Linda Sohus who were reported missing by relatives more than 20 years ago. According to records, the couple has never been found; however, in 1994, swimming pool excavators found a human body buried in the couple’s yard. News reports did not state whether the body had ever been identified.
At the time of the Sohus’ disappearance, police had wanted to interview a 20-year-old college student who was a tenant in their home, but he disappeared. The man was known to have at least one other alias and to have been in trouble with the law. Authorities believe Rockefeller was in LA in the 1980s and became interested in questioning him about the San Marino crime when his fingerprints provided a link to another California killing.
Though most parental kidnapping cases don’t take such a bizarre turn, more than 200,000 children are kidnapped each year by a parent or family member. The repercussions for the child can be frightening and traumatic. Most often the non-custodial parent is accused by the custodial parent. Parental kidnapping is a serious crime that can be charged as a felony or misdemeanor, depending on the circumstances. Conviction can result in time in jail or a state prison. The specific facts and circumstances of a case can have a significant impact on the nature of the charges and likelihood of conviction and sentencing. A skilled criminal defense attorney can provide the best possible defense.
-LegalPro
keep looking »