Los Angeles Criminal Defense Lawyer Blog

Celebrities have long been stalked by the paparazzi, had overanxious fans who want to meet them and inch closer to their houses. These high-profile people have long used restraining orders in Los Angeles to their advantage.

But these pieces of paper don't just help when a person feels they are being followed. Victims of domestic violence in Los Angeles can also make use of this process for protection.

In either situation, an experienced Los Angeles criminal defense lawyer should be consulted to help. While courts often encourage victims to go to court to get restraining orders, they require talking with a judge or hearing officer and convincing them to grant the order.

A temporary order is fairly easy to obtain, but making it permanent can be vastly more difficult. The temporary order only requires the victim to go to court and explain their side of the story before the judge grants an order. But once that is granted, the defendant gets a copy and is allowed to argue against a permanent order during a hearing.

This is when an attorney is really needed. Because restraining orders can be so disruptive -- one spouse may be forced to live outside of the home or not see their children -- and the defendant may have a lawyer in-tow. If the victim has no representation, it may be an uphill battle to obtain a permanent order.

As the New York Daily News is reporting, Halle Berry recently was denied a stay-away order to protect her daughter from her father after he allegedly pushed their nanny while she was carrying the girl. Berry's efforts to get the emergency order were denied, the man's lawyer said.

A follow-up hearing was scheduled, but in the meantime, the man will have access to the 3-year-old girl, the newspaper reports. The man is being investigated for criminal battery after the nanny filed a police report.

In a separate case, a Long Beach police officer was charged with domestic violence, the Los Angeles Times is reporting. The officer faces 21 counts in connection with five incidents of violence. Ten of the charges are for corporal injury to a spouse, nine are assault with a deadly weapon, making a criminal threat and resisting arrest.

The newspaper reports that the five incidents happened in October, November, December and twice in January. The 29-year-old has pleaded not guilty to the charges.

In either situation, a restraining order could be beneficial. For the domestic violence victim, having an order in place that tells the aggressor they can't be around is powerful because any violation can lead to them being arrested and put in jail. For a person who believes they are being stalked or harassed, the protection is the same.

And while it is only a piece of paper, it carries great weight because once filed with local law enforcement authorities, it carries great power. The threat of legal problems will likely scare off many people who would otherwise continue their illegal actions. For the rest, they will find themselves behind bars.

Continue reading "Domestic Violence, Stalking Issues in Los Angeles Can Be Rectified With a Restraining Order" »

In what has been an ongoing situation that has perplexed Los Angeles police detectives, an arrest has yet to be made in the case of the body parts discovered near the Hollywood sign, the Los Angeles Times reports.

Los Angeles criminal defense lawyers look at cases like this and see a myriad of problems. It's certainly possible that detectives will get tips that lead them to a Los Angeles murder suspect, but given the circumstances of the case, it may be tough.

According to the newspaper, people walking their dogs found a severed head in the park near the park near the Hollywood sign. When police arrived and used specially trained police cadaver dogs, they found two hands and two feet nearby.

The residents found the head after their dogs started playing with a plastic bag. That's when they made the gruesome discovery. Police in recent days have executed search warrants in connection with the case, but it's unclear if they have any suspects.

The newspaper reports that authorities are working under the assumption that the victim was killed within one or two days of when the head was discovered. The first step will be for detectives to try to identify the person through fingerprints on the hands.

Previous news articles have suggested police believe animals could have gotten to the other body parts, which would make finding them or coming up with useful evidence from them difficult. This is yet another roadblock for the investigation.

The evidence in this case may be so poorly preserved that finding the true killer could be next to impossible. Police may get lucky, but by now, it's been several days since the head was discovered. As time goes by, the likelihood that if police do come up with a suspect they can connect to the crimes is getting weaker. Proving where the killing happened, what weapon was used, where the weapon is now, whether there is any DNA that hasn't been compromised and other facts is going to be tough.

The newspaper recently reported that police were able to identify the victim as a 66-year-old man who went missing eight days before his head was found. The man's partner reported him missing January 9 after the man failed to return home.

Friends and family said the man left their apartment Dec. 26 but continued to stay in touch until January 4. The man's boyfriend said that he became concerned after not hearing from him, so he reported him missing January 9. The man is a former airline employee who often walked his dog in the hills.

It appears from the Times article that police are honing in on people the man knew. One neighbor said that three weeks ago there was commotion in the apartment, with yelling and screaming and furniture being moved. Detectives asked the neighbor when the garbage was taken out.

But if a suspect is fingered, it's likely that an experienced Los Angeles criminal defense lawyer will attack all of these points and more. When murder is the charge, everything changes. If the person faces the death penalty, even more preparation must be put into the case in order to ensure justice is done.

Continue reading "Los Angeles Police Still Have No Arrests In Severed Head Murder Case" »

It's unlikely that the 44-year-old woman who was charged with having marijuana on her when she visited her son at a juvenile camp will walk away with Mother of the Year honors.

But, she could walk away with a conviction of a Los Angeles marijuana charge that could be a frustration for life.

Our Los Angeles criminal defense lawyers recognize that much has been made in the past year of the medical marijuana industry in California. Court rulings have led cities and counties to ban small businesses trying to operate under state law.

This has led to patients who legally can grow and use marijuana for medicinal purposes to try to find a way to dull the pain of illnesses that often are life-threatening. Sometimes, patients are arrested and charged with crimes for trying to use a drug the state says they can legally use. Other times, medical marijuana dispensary owners or cultivators are brought up on drug charges over a misunderstanding.

The conflict is unlikely to slow down any time soon, as court rulings are being anticipated and pressure from federal prosecutors continues to linger. Because federal drug laws vary from California's medical marijuana law, there will always be conflicts and problems.

In this case, it's unclear if the woman legally is allowed to use marijuana or if the drug she was found to possess was illegally purchased and possessed. According to the Los Angeles Times, the woman, from Pomona, went to Camp Glenn Rockey, which is a juvenile probation camp to visit her son.

The newspaper reports that visitors are searched for weapons, drugs or other illegal items before they are allowed to enter the facility. During a routine check, officials reportedly found "bundles" of marijuana, as well as a counterfeit medical marijuana card. They also discovered she had an outstanding warrant.

Officials said they have stepped up their searches in recent months after finding more and more drugs, particularly marijuana, in dorm rooms of the teens on campus. The woman now faces charges of suspicion of bringing narcotics into a jail facility as well as charges for the outstanding warrant.

Many California residents have medical marijuana authorization cards and proving which are real and which are fake may be difficult. People get stopped all the time by law enforcement for traffic violations and end up arrested on drug charges because they may not be carrying the correct forms that police want to see to prove the driver can legally possess marijuana.

Part of this is political, as police don't like the fact that residents can legally use the drug. And part of it, at times, is a matter of law enforcement trying to make other people's lives more difficult simply because they have the power to do so. Marijuana charges can be misdemeanors or felonies and range in punishment from days in jail to years in prison, depending on many factors. Trust in an experienced Los Angeles criminal defense lawyer to fight for your rights in a marijuana drug case.

Continue reading "Mother Faces Los Angeles Marijuana Charge After Arrest at Juvenile Camp" »

The homeless community has been terrorized in recent weeks as four have been killed in violent attacks that police say were linked to one man, a former Marine, the Associated Press is reporting.

Proving a charge of murder in Los Angeles requires the most stringent evidence, not simply circumstances to put a person in prison for the rest of their life. Unfortunately, the state sometimes brings murder charges against a person without strong evidence.

That's where an experienced Los Angeles criminal defense lawyer comes into play. Without a strong attorney by their side, a defendant facing murder charges can encounter an uphill battle.

But weak evidence invites reasonable doubt to creep in. The standard of proof in any criminal case in California is proof beyond all reasonable doubt. Jurors are instructed that if they feel there is doubt that the defendant committed the crime, they must acquit him or her of the charges.

What the state sometimes attempts to do in these cases is prove a case solely with circumstantial evidence, such as the defendant not having an alibi or having a motive to commit the crime. But often, they lack physical evidence, such as a weapon that matches the murder weapon, fingerprints at the scene or DNA left behind that implicates the person.

This is a double-edged sword for defendants. On the one hand, they are being charged with a serious crime without relevant evidence. On the other hand, if they go to trial with weak evidence against them, they may have an improved chance of getting a not guilty verdict.

In this case, the Associated Press reports, a 23-year-old who served as a Marine in Iraq has been charged with stabbing to death four homeless men he allegedly stalked after seeing a news article about them. The man allegedly chose the victims after an article featured police warning homeless men to be careful. At least three of the victims were stabbed more than 40 times.

The district attorney in Orange County is now working to decide whether or not to seek the death penalty against the man. Prosecutors say they have no reason to believe the man is mentally ill. His father is homeless.

Police say the killings started in December and the man was arrested after witnesses chased him down after a homeless man was killed outside an Anaheim fast food restaurant. Police say the homeless man had filed a police report stating that someone was following him, but police said they were working through hundreds of reports and leads and hadn't gotten to that one yet.

The man's father told the Associated Press that his son visited him recently and showed him pictures of the victims, warning him of the dangers of living on the streets. Police also said they twice talked to the man in motorist checkpoints set up by police to gain information about the killings, but that he wasn't suspicious to them.

Continue reading "Former Marine Accused of Los Angeles Homeless Serial Killing" »

It is fairly common during a Los Angeles criminal appeal that defendants will attempt to prove their Los Angeles criminal defense attorney was ineffective and that impacted their trial.

In most cases, that isn't a fair argument, but one that criminal defense attorneys expect, especially in Los Angeles murder cases, where the stakes are so high. In one recent case out of Wyoming, a defendant was able to show that his criminal defense attorney didn't properly represent him, getting a new trial.

Murder is the most serious charge on the books in this country, and is the only that can be punished by the death penalty in California. Therefore, the defendant's lawyer should ensure they use all things possible in defense of the suspect. But even still, some lawyers make mistakes. Sometimes, those mistakes are seen as minor and of no consequence to the defendant. Others are so big they require a new trial.

In Ken v. State, a man was given a new trial after a big mistake by his lawyer. In 2009, Varo Ken was charged with attempted first-degree murder and aggravated assault.

Court records state that a woman, her fiance and son were in the parking lot of an apartment complex when a man got out of a car parked next to them and fired a gun at them before fleeing the scene. They pulled into a parking spot next to the suspect and words were exchanged and the woman's fiance made a derogatory comment toward the suspect. They told police the man fired four shots at them and then got back into his car and drove off.

About 40 minutes later in a bordering state, a trooper pulled over a vehicle matching the description of the vehicle at the scene and took the driver and his passenger into custody. A handgun was found inside the car.

The passenger said the two were inside the car when a truck pulled next to them. She said her boyfriend got out of the car because he thought the man from the truck was yelling at him. She said she didn't hear any of the argument or any gunshots because she had earphones in. She said she didn't see a gun until Ken got back into the car.

Ken gave a statement to police, too. He said he heard the man yell and thought he was yelling at him. He admitted to firing a shot into the air and then pointing the gun at the man before shooting off to the right. He said he then pointed the gun at the man and fired again before leaving. Police said they found two bullet casings and holes at the scene.

On the second day of trial, the man's criminal defense attorney found out through the prosecution that the woman's fiance -- the man who was shot -- had pleaded guilty to battery a year earlier in a case where he picked a fight in a bar. When defense received the report, the man had already testified. The attorney argued that this new evidence was relevant to the self-defense theory and the judge said there should be a hearing.

The state made its case and rested and the defense did the same. After moving for a judgment of acquittal, which was denied, the judge asked the defense attorney if he wished to rest without re-calling the fiance to bring in the battery conviction evidence. The defense lawyer said it was "too late" to investigate the incident. The judge told each side that he intended to allow the defense to re-call the man, but the defense rested anyway. The jury convicted Ken and he was sentenced to life in prison for attempted first-degree murder as well as six years for aggravated assault.

On appeal, Wyoming Supreme Court ruled that the defense attorney made mistakes when dropping the issue of the victim's prior battery conviction, especially after the judge allowed an opportunity to re-call that witness and bring in the evidence. As a result, Ken was awarded a new trial.

Continue reading "Ken v. State Shows Los Angeles Criminal Defense Attorney, Appeals Lawyer Critical" »

Los Angeles rapper Snoop Dog was recently arrested in a Texas border town after his tour bus was stopped and drug-sniffing dogs alerted authorities to drugs onboard, the Associated Press reports.

Charges of marijuana in Los Angeles have been complicated in the last 15 years since voters passed laws to enable Californians to legally produce, sell and use marijuana for medical purposes. As part of marijuana reform in California, possessing an ounce or less of marijuana has been reduced to an infraction.

But our Los Angeles marijuana defense lawyers also recognize that many law enforcement officers haven't given medical marijuana users the type of respect given to people who have prescriptions for pain killers in pill form. In fact, statistics have shown that prescription drug abuse is one of the most widespread crime facing our country, yet medical marijuana users, distributors and cultivators are being pressured.

In this case, Snoop Dogg, whose real name is Calvin Broadus, was arrested at the sierra Blanca highway checkpoint. He was cited for possession of drug paraphernalia after officers found a prescription bottle with marijuana joints in it in a trashcan in the back of the bus. In sum, 0.13 pounds of marijuana was found.

Border patrol agents said a drug-sniffing dog smelled marijuana coming from the bus and officers ordered everyone off so the dog could sniff around. Broadus admitted the drug was his and received a citation before being released.

Even though Snoop Dogg says he has a legal license in California to smoke marijuana for migraines and blurred vision, Texas officials have a zero tolerance policy on drugs. So, officials there say his medical marijuana identification card means nothing.

This is sometimes a problem for people who travel out of state but who, in California, legally can use the drug. For a cancer patient who relies on marijuana as a pain killer instead of more expensive pain pills and travels out of California, their routine is thrown off. Or, they attempt to continue their routine and are stuck facing criminal charges.

Our Los Angeles criminal defense attorneys understand this is a dilemma for many Californians and we are dedicated to helping in any way we can. California's laws, while enable some people to legally possess marijuana, are also designed to punish those who have the drug and aren't permitted to use it.

According to the California Code, marijuana possession charges typically are considered misdemeanors, but it largely depends on the amount and where it is located. For instance, more than an ounce can be filed as a misdemeanor and send a person to jail for up to six months. But inducing a minor to smoke marijuana can be a felony punishable by 3 to 7 years in prison.

Cultivation, sale and trafficking of marijuana can all be punished as felonies with possible jail or prison sentences of up to seven years, making for major charges. If a person is designated and allowed by state law to cultivate or sell medical marijuana, the charges likely don't apply. But because the state's marijuana laws conflict with federal drug laws, there is always the threat of charges on the federal level as well.

Continue reading "Los Angeles Rapper Snoop Dog Arrested on Marijuana Charge in Texas" »

A recent criminal case out of New York shows us that criminal appeals can play an integral role in determining the outcome for a defendant.

What some people don't realize is that a Los Angeles criminal appeal is available not only for the defendant, but also for the state. Prosecutors can appeal favorable rulings for defendants just like defendants can appeal rulings that help the state's case.

Our Los Angeles criminal appeals lawyers believe that even a well-argued case before a trial judge can turn rocky on appeal, so employing a well-versed criminal appeals lawyer may end up being as necessary or more necessary than hiring a defense attorney.

Take, for example, the case of United States v. Steppello out of New York. In this case, the man faced drug charges and in the course of the case, his lawyers brought up a motion to suppress cocaine seized from him during a warrant-less arrest as well as evidence from his residence. They also were successful in suppressing his statement after arguing there was no probable cause to support the arrest.

It was a big victory for the defendant and his lawyers because without this evidence, the prosecution wouldn't have much of a way to prove the case. These were critical pieces of evidence that would now be kept out of trial. The prosecutors even appealed the decision, arguing that the judge shouldn't have suppressed the evidence in the first place.

But the government appealed these decisions and on appeal, a panel of judges agreed with the state and reversed the lower court's decision. It then became a major blow to the defendant, who probably felt pretty good that he had gotten such a favorable ruling earlier on.

This is why an experienced Los Angeles criminal appeals lawyer is so important. As a defendant, you can never let your guard down. The prosecution has many resources and will use all of them in pursuit of a conviction. The more high-profile of a case, the more they will do to try to score a prison sentence for the defendant.

On appeal, prosecutors were able to convince a panel of judges that the lower court judge was wrong when ruling that police didn't have probable cause to make the arrest and they ruled that the cocaine and statements made during his arrest shouldn't have been suppressed.

Based on that ruling, the court also overturned the lower court's order that evidence seized from the man's residence should also be admitted, amounting to a clean sweep for the prosecution. Everything that was suppressed was put back into play and not only that, but the appeals court transferred the case to a different judge, noting that the same judge ignored rulings made by the appeals court in a different, but similar, case.

A defendant must always keep the pressure on and never assume they have won until the final appeal has been raised. There are always going to be opportunities for the prosecution to try to change the opinion of a judge. That's why hiring an experienced Los Angeles criminal appeals lawyer is vital to a suspect's case.

Continue reading "United States v. Steppello Shows Appeals Critical, Including Los Angeles Criminal Appeals" »

Nearly 1,300 people throughout California were charged with DUI during the holiday period, including nearly 300 in Los Angeles County, the Los Angeles Times reports.

Coming into the new year, the last thing a person wants is major baggage hanging over from the previous year. Facing a DUI charge in Los Angeles can make life more difficult and stressful at a time when most people are hoping to start anew.

Our Los Angeles DUI defense lawyers recognize that facing a DUI charge is a big hassle, but it should also be taken seriously. That's because a DUI charge in Los Angeles can lead to major penalties.

Even for a first-time DUI offense, a driver is looking at the potential for being on probation for three years, which include monthly fees and constant contact with a probation officer. A conviction could also lead to up to six months in jail, fines and fees upward of $2,500, a requirement to attend an alcohol education program, an ignition interlock device installation and a driver's license suspension for up to 10 months.

And, in most DUI cases, a judge won't simply sentence a defendant to some of these conditions, but usually the person is saddled with having to comply with most of these penalties. That's all the more reason to fight back against the state in defense of the charges.

But there is also a second element to DUI cases and that's fighting to keep your driver's license. What many people don't know is that when you are arrested and charged with DUI in Los Angeles, you only have 10 days to request a hearing with the California Department of Motor Vehicles to try to keep your license. If you don't request an administrative hearing, your license automatically gets suspended for 30 days.

There are technical issues that must be raised by an experienced Los Angeles DUI defense lawyer and representing yourself may not be the best option. The DMV hearing is separate from the criminal case, and different types of issues that deal with a driver's license must be brought up to a hearing officer or magistrate.

For many people, these issues are timely and must be brought up quickly. The Times reports that statewide there were 1,270 arrests made by the California Highway Patrol and another 274 in Los Angeles County alone. That was over a 78-hour period between Friday and Monday of the New Year's holiday weekend.

The 274 arrests in Los Angeles were up from 228 last year. Statewide numbers were way up, as an additional 309 people now face DUI charges to start 2012 compared to 2011. Some officials say the increase could be attributed to New Year's Day falling on a Sunday, so there was an additional day included in the law enforcement period.

Either way, that is a lot of people who now have a difficult task to face. But significant defenses can be raised in order to help a DUI suspect.

Continue reading "Nearly 1,300 Charged With DUI in Los Angeles, Statewide During Holiday Police Sweep" »

A recent Los Angeles Times article reports that the California Supreme Court has overturned the death penalty for two men convicted of murder.

This shows that the skills of an experienced Los Angeles criminal defense attorney have two benefits -- possible acquittal at trial, and preparing the way for possible appeal if there's a conviction.

Murder is the most explosive charge on the books. It must be taken seriously because not only has one person died, but another person's liberty is at stake and possibly his life as well. In California, a person convicted of first-degree murder can be executed by the state.

Murder in Los Angeles must be treated differently than other crimes. That means judges must watch what they say in front of jurors, prosecutors must ensure that a defendant's rights are upheld and a Los Angeles criminal defense lawyer must do much preparation to get ready for trial.

If a person is to be charged with first-degree murder, the state must have proof beyond all reasonable doubt that these charges are legitimate. A person simply cannot be convicted of this charge if there is doubt. There is too much on the line. Simply said, death is different.

According to the Times piece, the California Supreme Court broke its streak of upholding 50 straight death sentences when it overturned the conviction of an alleged gang leader in Los Angeles and his alleged accomplice in two killings that have left them on death row for the last 15 years.

The court unanimously ruled that the two men who were convicted in 1997 didn't get a fair trial when a judge removed a juror who seemed to be critical of the state's case. The ruling stated that the judge had a lack of evidence to remove the juror.

The state alleges the purported leader led a gang that was responsible for 60 South Los Angeles killings. He was convicted of ordering his co-defendant to kill two rival gang members. He faced other killings, but another jury deadlocked on whether he was guilty.

Justices wrote that the juror who was removed was deliberating properly and was relying on their experience and not biased against the state in evaluating witnesses that the state presented. Jurors are allowed to judge the credibility of witnesses, justices wrote.

Prosecutors haven't said whether they will retry the men, but did indicate they will wait to read the ruling first. Attorneys for the men said they were pleased with the high court's decision, but frustrated it took so long, with one calling the decision a "foregone conclusion."

This case shows that a defense attorney at trial can make objections and keep them in the record so that lawyers and judges in the future may be able to see that errors were made. Not only will a good lawyer fight on behalf of the defendant now, but help prepare their appeal in the future, if needed.

Continue reading "Aggressive Los Angeles Murder Defense Can Set Table For Future Appeals" »

The California Highway Patrol reported that more people were driving drunk during the Thanksgiving holiday this year than in 2010.

Drivers should be aware that law enforcement will continue to step up patrols in an attempt to make as many DUI arrests in Los Angeles as possible during the winter holiday season.

While our Los Angeles DUI defense lawyers understand that drunken driving is down in the last several decades, police still enforce it robustly. Officers will be conducting DUI checkpoints in an attempt to make as many arrests as possible, though their value is questionable.

Police may also increase the number of officers on the roads this holiday season so they can attempt to make DUI-related arrests. AAA likely will estimate an increase in holiday traffic -- as the organization did for the Thanksgiving holiday -- so there will be more people on the roads during this time of year. If you are traveling, expect to see more police cruisers, too.

California Highway Patrol reported that they arrested 7 percent more people this Thanksgiving compared to last -- up to 200. That compares to the 182 people who faced a DUI charge last Thanksgiving. The period of enforcement lasted 96 hours from Thursday to Sunday, as reported by KLTA.

In order for police to start a DUI investigation, they must have a reason to stop a driver's car in the first place. They can't just do it because the driver looks "suspicious" or something seems "strange." They must have what's called probable cause in order to stop the car, and that usually is based on a driving infraction.

If a driver is speeding, changes lanes improperly, runs a red light or any other common driving infraction, an officer can pull him or her over. That doesn't necessarily mean a DUI investigation will start, but it can.

The officer must use his or her experience from that point on. If they observe "bloodshot" or "glassy" eyes or says the driver was speaking with slurred speech, they may then initiate an investigation for DUI. They could end up asking the driver to perform field sobriety tests or take a breath test. All of that could end up being used as evidence against the driver.

In order to fight the charge after the fact, an experienced Los Angeles criminal defense lawyer should be called immediately. Just because a person is arrested doesn't mean he or she is guilty. Breathalyzers have flaws and police officers can make mistakes. Both have been well documented.

It's also possible that witness testimony or video surveillance -- either from a nearby business or the police officer's dashboard-mounted camera -- could lead to evidence that helps the defense.

Examining the facts and being able to show what really happened is important if the driver wants to try to ensure this charge doesn't represent a mark on their record forever.

Continue reading "Be Prepared for Los Angeles DUI Arrests This Holiday Season" »

A recent court case out of Illinois highlights the great lengths to which law enforcement will go in order to arrest a person for murder. An incident likes this could happen to anyone, including those charged with murder in Los Angeles and elsewhere.

The case of Aleman v. Village of Hanover Park is a cautionary tale for defendants who may be charged with a crime.

Our Los Angeles criminal defense lawyers understand that police are under pressure to make arrests, especially in violent cases such as murder. They work overnight, get little sleep, review scads of documents, talk with witnesses, and look for clues as to who may be responsible.

They get calls from the media, from their bosses, from political leaders, from the victim's family and others who are looking for quick answers. We understand the pressure, but investigators must follow the rules and apply ethical judgment when doing their job.

In the Illinois case, Aleman ran a daycare from his home, which included caring for his own five children. In September 2005, after about five months in business, an incident happened that changed his life.

One day, a mother dropped off her 11-month-old son, who was lethargic and feverish. Shortly after dropping the boy off, he began grasping for air and collapsed. The man called for an ambulance and performed CPR, but was only able to get some fluid out of the boy's mouth.

Police asked him and his wife to come to the police station, which he did. After 45 minutes in an interrogation room without seeing anyone, he asked if he could come back in an hour and he was told no because he was under arrest. Five hours later, two officers entered the room.

They told him he had the most information and they wanted to speak with him. He asked to speak with his lawyer, which they allowed, but in the meantime, drafted a waiver of rights form for him to sign. His lawyers smartly told him not to speak to officers, but during their conversation, one of them got on the phone and talked with the lawyer.

They allowed him to make several other calls, though he didn't want to talk to them, they continued pressuring him. Eventually, he called his lawyer again and relayed to police his attorney said it was fine for him to talk to police. He then gave a four-hour statement, during which he made an admission to possibly shaking the boy.

He was charged with aggravated battery of a child, which was later upgraded to murder when the boy died. But, as prosecutors discovered, police went out of their way to finger this man when there was no evidence.

One of the main investigators had been in contact with the boy's mother and knew she had a violent past with a criminal history and had threatened the boy, was known to have hit him and wanted him dead. Yet, the officer tried to hide that from other detectives.

After a medical examiner found the boy couldn't have died from blows by the man that day, the detective told her he had information to believe the boy was acting normally and was healthy on the day in question and she changed her opinion. Once she found out she was lied to, she changed it back.

Charges were later dropped by prosecutors, though the mother was never charged. The man is now suing the police department and officers for their mistreatment.

Continue reading "Aleman v. Village of Hanover Park Shows Sloppy Police Work Leads to Unjust Murder Charges" »

A recent study found that the number of women who are arrested for drunken driving is on the rise.

Still, regardless of the gender, the number of drunken-driving arrests is down considerably in recent years, statistics have shown us. And yet we read that arrests for certain demographics are up, DUI in Los Angeles is a significant issue and many of us are somewhat worried when we take to the roadways.

It seems to be more propaganda than truth. Our Los Angeles DUI defense lawyers have been able to help many clients charged with DUI. That's because taking an aggressive approach to the charges is critical in these cases.

According to a recent study, the number of females arrested for DUI is up 36 percent over the last decade. The study also found that most of these women are more educated and older than their male counterparts.

A Washington Post article looks at the trend of mothers drinking while caring for their children. While some women may believe that a glass of wine or two while visiting with a friend is no problem, it could put them over the blood alcohol limit of 0.08 in California. Driving with children could add charges, if an arrest is made.

Fighting a DUI in California is a two-pronged process. First, a person must request an administrative hearing with the California Department of Motor Vehicles. If this hearing isn't scheduled within 10 days of arrest, the driver's license is suspended for 30 days.

Representing oneself isn't smart, though these hearings are more informal and are before a hearing officer instead of a judge, there are still ins and outs of the law that the person must know in order to be successful.

The second phase of the situation is the criminal case. A person who is charged and convicted of DUI in Los Angeles, even for a first-time offense, can face hefty penalties:

• Three years of probation


• 48 hours to six months in jail


• Up to $1,000 in fines


• Driver's license suspension for six to 10 months


• DUI education program


• An ignition interlock device installed

But there are defenses. Challenging the initial stop may be appropriate if the officer can't prove or if other evidence contradicts why the initial stop was made. An officer must have probable cause to make the stop, such as that the person was speeding, swerving, ran a red light or stop sign or otherwise violated traffic laws.

After that, the officer likely will attempt to conduct field sobriety testing or breath testing. Breathalyzers have been challenged in California and statewide for their inaccuracy and often police officers aren't properly trained or don't perform field sobriety tests correctly. Also, there are examples of people whose physical conditions or weather conditions that affect how they perform these tests, which are difficult to take under pressure and while nervous.

Continue reading "Female Drunken Driving on the Rise, Study Shows" »

A recent case out of Palm Springs has police accusing a 69-year-old woman of using scissors to attack her husband in an attempt to cut off his penis, the Los Angeles Times reports.

Perhaps the most memorable story Americans will recall from 1993 was the story of John and Lorena Bobbitt, a young couple from Virginia who were forever made famous when Lorena accused her husband of sexually assaulting her and later cutting off her husband's penis as he slept, drove away, and threw it out the window of her car. He was acquitted of the charges and she was found not guilty by reason of insanity.

In cases like this, or other violent crimes, a person can face assault charges in Los Angeles. These charges shouldn't be taken lightly because they can cause a person to be sent to prison for up to four years and fined $10,000 or more. In some cases, the charge could be upgraded to attempted murder. If the person dies, accidentally even due to blood loss or complications, the defendant could be looking at life in prison. It's a slippery slope.

As an experienced Los Angeles criminal defense lawyer knows, the news media attention brought from such a bizarre set of facts will permeate the case. This can be used to the defendant's advantage, depending on the skills of the lawyer.

Some attorneys believe they shouldn't say anything to the media because it will just bring more attention to the case. Others take the stance that the case will be in the news anyway, so why not try to get their defendant's opinion into the articles and TV broadcasts?

The big risk in big media cases is that every time a viewer or reader takes in facts of the case, they could be set up to be biased against the defendant. Every viewer or reader is a prospective juror. So the more the case is in the news, the more people know about it and the more they may not be able to listen to the facts during trial. That bias can definitely get in the way of the jurors as a whole as they deliberate a person's guilt or innocence.

This also makes jury selection so important. Weeding out jurors who may be anti-defense or who may not be able to put aside what they have learned about the case through media coverage is critical to ensure the defendant's rights.

According to this case, the woman is charged with mayhem, assault with a deadly weapon and felony domestic violence. The woman allegedly caused a non-life-threatening wound in the genital area of the man.

The couple -- who have been together for 32 years, according to police -- are still being investigated. At this point, detectives aren't sure what caused the wife to attack her husband, who is also 62.

Police say they have found scissors, what they described as poultry shears, that they plan on logging as evidence in the case.

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An experienced Los Angeles criminal defense appeals lawyer is critical to ensure that a defendant's rights are upheld.

This is no more evident than in a recent case out of Maryland called State v. Allen. In this case, a man was tried for murder in different trials and there were errors both times that required new juries and new trials.

A criminal appeal in Los Angeles is a right that all defendants have. While the appeal may be different based on the circumstance, for instance a plea versus a guilty verdict at trial, there are still avenues for a case to be heard by a different court.

The bottom line is that everyone makes mistakes. Despite their best efforts, people in the court system can easily say something, do something or attempt something that is against the rules. And that's why there are other sets of eyes looking at the case to ensure that everything was done correctly.

In this case, little was done correctly -- several times.

The case started when Jeffrey Allen was at the home of his friend, John Butler. Allen asked for Butler to drive him home, but he refused. Allen then grabbed Butler's keys and jingled them in front of Butler and insisted he would drive himself home. The two started fighting and Allen ended up stabbing Butler to death. He took the car and later crashed it, which led to his arrest.

Authorities charged him with first-degree premeditated murder, first-degree felony murder, second-degree murder, robbery with a deadly weapon and other offenses. At trial, he was found guilty of first-degree felony murder, second-degree murder, robbery with a deadly weapon and the lesser related counts.

On appeal, the man argued that the judge's jury instructions, which stated that the jury could find him guilty whether or not his intent to rob was determined before or after the murder. For a conviction of felony murder, in Maryland as in California and many other states, the state must prove the person committed a murder while committing one of a list of felonies, typically including robbery, burglary, a sex crime, kidnapping or others.

An appeals court ruled that an "afterthought" robbery can't be strong enough to convict someone of felony murder and, therefore, put a person at risk for the death penalty. They granted a new trial on that charge only.

Despite already having the second-degree murder and other charges conviction, prosecutors went back to trial on a charge of first-degree murder. In this trial, the judge started off on shaky ground when he told jurors that the defendant had already been convicted of second-degree murder and robbery.

Despite objection by his defense lawyers, the judge told jurors during the instructions that the defendant had already been convicted of robbery. An appeals court ruled that by telling jurors that, the judge had already essentially proven a vital part of the case -- that the defendant had been convicted of robbery. If the state showed that Allen had killed Butler, they had the felony murder charge in the bag.

The appeals court awarded the man another new trial on the felony murder charge, though hopefully prosecutors will stop wasting taxpayer dollars and settle for the convictions they already have.

As you can see, being able to spot key problems in trials that have already taken place takes a lot of time and effort. There are scores of pages to read over and issues to look at and present to an appeals court. But it is worthwhile to make sure the defendant was treated fairly and to see that justice is done.

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A Hollywood young actors manager was recently arrested and charged with suspicion of molesting a former client, and investigators have said they believe there could be more victims.

It's been a strange year for sex crimes in Los Angeles and nationwide. Take the ongoing Penn State University scandal for instance, in which a former football defensive coordinator has been charged with molesting at least 10 boys in a span of more than a decade. In another ongoing case, alleged victims have accused a former Syracuse University basketball coach of sexual misconduct.

It appears that alleged sexual assault victims have been more bold in coming out and making allegations. And while in many cases they were indeed abused, this doesn't mean that every person accused is guilty. Many are, in fact, being accused for the potential financial benefits.

Our Los Angeles criminal defense lawyers have seen many high-profile Los Angeles and Hollywood executives and officials charged with crimes, including sex crimes, only to see them later dropped because witnesses recant their testimony or cases fall apart because of credibility with the alleged victim.

According to a news article by the Los Angeles Times, the manager faces one count of suspicion of committing lewd acts upon a child under 14. Detectives obtained a search warrant for the Santa Monica house where the 47-year-old man lives and runs his business.

A singer is the alleged victim and told police he had been sexually assaulted in the man's apartment and in a Woodland Hills house. Bail has been set at $300,000.

According to a detective's affidavit, the accuser, now 18, told police in November that the man had molested him starting when he was 11 or 12. The detective wrote that the teen had been forced to have sex with the suspect between 30 and 40 times over three years, until he was 15. The alleged victim said the manager told him that it was common in the entertainment industry and that if he told anyone, they would both be hurt, including the boy's career.

When the boy was 15 and stopped doing business with the man, the alleged abuse stopped. The boy confronted the man in November and taped their conversation, fearing there might be other victims. The man, in the secret recording, allegedly acknowledged the two had sexual contact, but denied abuse. He said the boy was interested.

The teen went to police and allowed them to listen to the recording. The alleged victim told police others had spent the night at the house. The newspaper reported it was unclear if police found any evidence of child pornography or photos of the teen or other boys at the apartment.

According to California law, it is a crime to record or eavesdrop on any conversation in which you haven't told the other person you are recording. So, while the alleged victim in this case may have been trying to gain evidence, he may have committed a crime in doing so.

It will be incumbent upon the suspect's Los Angeles sex crimes lawyer to investigate whether any evidence of the recording can be brought into trial and whether the case should have gone forward considering the questionable start to the case. If other evidence was found as a result of an illegal recording, it's possible that evidence could be suppressed, or kept out of trial.

Continue reading "Hollywood Young Actors Manager Charged With Molestation in Los Angeles" »