Los Angeles Criminal Defense Lawyer Blog

You can tell who's hot in Hollywood by the number of paparazzi following in their wake. Apparently Britney is out and Miley is in. Only 6 paparazzi were following popwreck Britney Spears last week, while a hoard of 30 jostled for snaps of Miley Cyrus, star of Disney's popular TV show Hannah Montana.

Paparazzi are celebrity hunters who use aggressive and intrusive tactics to photograph, videotape or record the private lives of the rich and famous and their families and then sell those illegally-obtained images. In California, paparazzi have a First Amendment right to photograph celebrities and public figures in public places. Unfortunately, some paparazzi use overly aggressive tactics that conflict with the Constitutional rights of their victims. Traffic accidents have been caused by frightened celebrities fleeing from packs of paparazzi. Angry celebrities pushed to their limits by incessant and aggressive paparazzi sometimes lash out in frustration. Celebrities are fighting the invasion of privacy by charging belligerent paparazzi with criminal trespass, assault, false imprisonment, stalking and battery.

On January 1, 1999, California enacted the nation's first civil anti-paparazzi law. The law protects celebrities from both the physical invasion of privacy from trespass and the constructive invasion of privacy from remote audio- or video-enhancing devices. On September 30, 2005, the law was expanded to punish paparazzi for altercations caused by their activities. The new law triples damages that can be awarded to a celebrity and strips photographers of the right to profit from illegally-obtained images. In addition to a civil lawsuit, paparazzi in California may now be subject to criminal charges including assault, assault with a deadly weapon, battery, conspiracy, false imprisonment, stalking and trespass.

Unruly paparazzi have created a difficult work climate for legitimate photographers and photojournalists. Some celebrities have become hyper-sensitive in protecting their privacy. While paparazzi are often charged with misdemeanors, criminal charges can result in jail time, heavy fines and significant loss of income when photos can't be sold.

A comment to our March 25 post, NY Prostitution Scandal Reveals Seamy Sex Politics, points out the power that sexual accusation has to destroy careers and personal credibility.

Reader Tomas objected to our reference to former U.S. Senator Gary Hart saying, "He was never even accused of a criminal act (if there was a criminal act, it was on the part of the reporters spying on him and invading his privacy.) Nor was anything ever proved."

Senator Hart was the clear frontrunner for the 1988 Democratic presidential nomination when rumors surfaced of an extramarital affair with model Donna Rice. The press ran photos of Rice sitting on Hart's lap and dogged him with questions about infidelity. His wife, Lee, stood by him, saying the relationship was innocent. (Though they have separated twice over the years, the Harts have now been married for nearly 50 years.) Crucified in the press, the Hart-Rice sex scandal forced a bitter Hart to drop out of the presidential race. He returned to the practice of law; and while moderately active in politics, never again run for elected public office.

It does not take a charge or conviction to destroy a person's reputation. Just the accusation of sexual impropriety, prostitution or misconduct is enough to destroy politicians, business leaders, respected community leaders, teachers, Scoutmasters and ministers. Charges may be false but the damage to reputations, careers and social standings will have been done.

Tragedies don't just happen in the national arena. Sexual rumors in local communities can destroy community leaders and cause their families great emotional pain. An angry teen may accuse a parent of abuse. A confused child may misinterpret an adult's gesture of comfort. A jilted lover may accuse her partner in consensual sex of rape.

In America we are quick to condemn when charges of prostitution or sexual misconduct are levied. The press is quick to publish the accusations and charges. However, if charges are false and the accused is exonerated, the press is, too often, nowhere to be seen. The stench of the accusation may follow the innocent individual for the rest of his life.

Murder in Los Angeles is a serious issue. Since, January 2007, there have been almost 400 murders in Los Angeles, centralized in the metro area, but every part of the city and county has suffered. The murder rate in Los Angeles is almost twice that of New York City, a city with twice as many people. While Controller Laura Chick and LAPD Captain William Bratton have called for an increased police force, the reality is that murder is a major problem throughout Los Angeles City and County. In 2003, just about one percent of Angelinos have suffered a violent crime (which includes murder).

Dealing with a murder charge is another major factor. Witnesses, evidence, testimony and many other factors have to be taken into consideration while dealing with any particular case.

Just this year, a 46-year-old man was convicted of murdering a 60-year-old grandmother, and he may get the death penalty for it. He was found guilty of sexually assaulting other women, as well as sexually assaulting and murdering the grandmother and leaving her body in the desert. The man was a cocaine addict who struggled to make ends meet. The defense for such an individual is difficult, as many factors work against him, including the age of the woman, his repeat offenses and drug use.

Recently two 16-year-olds were charged with the murder of an 87-year-old woman, and they could face life in prison if convicted. These two teenagers were in gangs, and the current legal climate in Los Angeles does not look favorable on gang activity.

However, the determined work of attorneys in murder trials has not only helped those charged with murder, but those convicted of murder as well. An inmate who had served 23 years in prison was recently released when it was found that a witness lied during his testimony at the trial. The recent swarm of DNA evidence reversals has also been a major factor in helping innocent men and women get off death row, or freed from serving life sentences.

A recent story in the LA Times claimed Sean "Diddy" Combs was responsible for an attack on Tupac Shakur that took place in 1994, however it was revealed that the source of the story, an individual named James Sabatino, was lying to them and was guilty of fraud. Sabatino is a convicted felon, already serving time as he is a con man.

Fraud is a deception made for personal gain, and it can take many forms. In essence, it is lying for the sake of either gaining some form of property or service, or for furthering one's own position in a given situation. Many cases of fraud bring with them felony charges.

In a case of tax fraud for example, an individual may make a certain amount but not file an income tax return. As a result, they face up to 5 years in prison and up to $500,000 in fines depending upon the crime.

During the current real estate quagmire that the nation finds itself in, some individuals have been found guilty of real estate fraud, convincing people who were afraid of losing their homes that they could help them. These individuals made off with $12 million and the deeds to over 100 homes. These individuals however could face up to 20 years in prison, as well as extreme fines for their crimes.

Two attorneys in Sherman Oaks were recently sentenced for fraud concerning the creation of false foreign visas, which would allow people to work in the country legally. The attorneys pleaded guilty to the felony counts and were sentenced to 24 months in prison, another three years probation (including 6 months of house arrest) as well as $750,000 in fines.

In a downtown Los Angeles maternity clinic, several people were arrested for defrauding Medi-Cal (a California medicare program) by recruiting poor women who were pregnant for countless unneeded medical procedures and billing the state. The women were recruited with offers of cash, strollers and other items needed to take care of their babies. The individuals involved are being held on $200,000 bail.

In insurance fraud cases, guilty parties may be held liable to not only jail time, but repaying all of the fees and/or proceeds from their fraudulent activities. Corporations are not immune to fraud prosecution, as Pfizer was recently found guilty of two felonies and forced to pay $430 million in fines over fraudulently promoting a drug of theirs for unapproved uses.

Why do powerful men like recently disgraced former New York governor Eliot Spitzer turn to prostitution for sex? The answer is more complicated than boredom in the marital bed, says best-selling author Dave Zinczenko, editor of upscale magazine Men's Health. Feelings of power and invincibility cause high-profile men to seek high-priced sex from high-class prostitutes.

"They think their invincibility in the office will also extend to their private lives, which they assume will remain private no matter how high-profile they may be," explains Zinczenko. "Arrogance is a form of blindness, after all."

Politicians, corporate officers, actors, musicians and other celebrities have large sums of ready cash at their disposal for hotels, expensive dinners and classy call girls. They spend their day surrounded by people eager to stroke their ego and do their bidding. It seems natural, Zinczenko says, to want to extend that power into the bedroom. At home these powerful men "can feel like they're last in the family pecking order," explains Zinczenko. Their wife's attention is often focused on her own job, social commitments or children. Prostitution boosts the ego and the hormones, a dangerous combination.

In California, prostitution is classed as Disorderly Conduct. Under California Penal Code, both the prostitute and client can be charged with solicitation and prostitution. In California, it is a criminal offense both to provide sex in exchange for money and to receive sex in exchange for payment. If found guilty, you could face stiff penalties and end up with a criminal record.

To combat prostitution, California law enforcement officers use sting operations and prostitution ring breakups like the tactics that netted former governor Spitzer. Both prostitutes and their clients -- of either gender -- are aggressively prosecuted, particularly in Los Angeles County. While first-time offenses are usually charged as misdemeanors, subsequent offenses can be charged as felonies.

Why do powerful men like recently disgraced former New York governor Eliot Spitzer turn to prostitution for sex? The answer is more complicated than boredom in the marital bed, says best-selling author Dave Zinczenko, editor of upscale magazine Men's Health. Feelings of power and invincibility cause high-profile men to seek high-priced sex from high-class prostitutes.

"They think their invincibility in the office will also extend to their private lives, which they assume will remain private no matter how high-profile they may be," explains Zinczenko. "Arrogance is a form of blindness, after all."

Politicians, corporate officers, actors, musicians and other celebrities have large sums of ready cash at their disposal for hotels, expensive dinners and classy call girls. They spend their day surrounded by people eager to stroke their ego and do their bidding. It seems natural, Zinczenko says, to want to extend that power into the bedroom. At home these powerful men "can feel like they're last in the family pecking order," explains Zinczenko. Their wife's attention is often focused on her own job, social commitments or children. Prostitution boosts the ego and the hormones, a dangerous combination.

In California, Rape is a nightmare, something no woman should have to go through. Rape also has two sides, and there are dangers on both sides. Women have unfortunately lied about rape claims and ruined the lives of some men, and some men have done their best to lie about accusations made as well.

However, the issue of rape is real and it is a horror to everyone involved. Rape, or sexual assault depending upon the type of act committed and the relationship of the individuals involved, has a more broad definition than simply a forced sexual act. For example, is a woman is given a date-rape drug and then engages in sexual intercourse while under the influence, the other person can be convicted of rape. If the alleged victim has a mental illness or is mentally handicapped, the sexual contact can be considered rape even if there is some sense that it is consensual. There also does not need to be physical violence involved, if there is a threat made, or a weapon shown, that would be considered forced sexual contact.

The laws governing rape however are different than the laws governing statutory rape, as that law has more to do with the age of the people involved, rather than whether the sex was forced or not. However, this does mean that an individual can be accused and convicted of rape and statutory rape.

While the statistics have been exaggerated on both sides of the argument, rape is something that happens in all walks of life. College campuses, poor urban neighborhoods, celebrity mansions and middle class America all unfortunately have the terrible elements of sexual misconduct. It is not something a person can escape just because he/she is wealthy.

If you have been accused of rape, here are some important facts and tips to remember:

• Drugs, even prescribed and pharmaceutical drugs, are important factors in many rape cases, and in the defense of such cases.


• When violence is involved, the sentence for sexual assault, rape and the like will increase, especially during a jury trial.


• Rape is a crime that minors can be convicted of, meaning that if a 15-year-old boy is accused of raping a girl, he can be tried as an adult if the circumstances are severe enough.


• Mental illness, therapy, treatment and the like are all factors that are important to the defense of such crimes.

.com/Prostitution.html"> prostitution is classed as Disorderly Conduct. Under California Penal Code, both the prostitute and client can be charged with solicitation and prostitution. In California, it is a criminal offense both to provide sex in exchange for money and to receive sex in exchange for payment. If found guilty, you could face stiff penalties and end up with a criminal record.

To combat prostitution, California law enforcement officers use sting operations and prostitution ring breakups like the tactics that netted former governor Spitzer. Both prostitutes and their clients -- of either gender -- are aggressively prosecuted, particularly in Los Angeles County. While first-time offenses are usually charged as misdemeanors, subsequent offenses can be charged as felonies.

Former Gov. Eliot Spitzer apparently isn't the only politician in New York's capital who believes sex is part of the job benefits package. His political suicide in the recent call-girl prostitution scandal has thrown a spotlight on the seamier side of politics where sex greases palms as often as money. The joke going around the statehouse -- that Spitzer's the only guy in Albany who pays for sex -- is as enlightening as it is disturbing.

It seems there's a lot of fooling around going on in Albany, not all of it by prostitutes. Only hours after being sworn in as New York's new governor, David Patterson confessed to having extramarital affairs with numerous women when he was a state senator. His wife also confessed to having an affair. Politicians, staff, interns, lobbyists and reporters regularly gather at local bars after hours, many looking to hook up for the night. Sex is the currency in which political favors are bought and sold.

According to Albany insiders, until just a few years ago intern selection at the start of each new legislative session gave new meaning to the term "cattle call." In a tradition going back decades, interns were herded into a statehouse newsstand where legislators made their selections based on looks, not resumes.

"Unfortunately, many of the people who seek public office are flawed people to begin with, and the environment in Albany just tends to bring that out," Paul Clyne, former Albany district attorney, told the Associated Press. It was Clyne's scathing 2004 report on the intern program that led to reforms and an end to fraternization between legislators and interns.

And the problem isn't limited to New York. Power, politics and sex have long been bedfellows. Sexual politics and prostitution are part of the political scene nationwide and in Washington, D.C. Sex has brought senators and congressmen to their knees and nearly forced President Clinton out of office in 1998. A 2004 sex scandal was the undoing of former New Jersey Gov. James McGreevey and derailed Colorado Sen. Gary Hart's 1988 presidential aspirations.

"It really is not anything new," said Tom Fiedler, a lecturer at Harvard's John F. Kennedy School of Government and former Miami Herald reporter who covered the Hart scandal. "I would have no reason to believe any public officer is any less susceptible to temptations of the flesh than anyone who is not in public office."

Former "Private Investigator to the Stars" Anthony Pellicano has been on trial or in jail for the last five or six years of his life. He was put in jail originally for possessing weapons (including practice hand grenades and enough explosives to take down a passenger jet) with authorities found while investigating him for a case involving Stephen Seagal.

Right when he was supposed to be released, he was indicted with racketeering and conspiracy, 110 counts worth. Racketeering is engaging in an illegal business, and conspiracy is an agreement between individuals to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement.

Pellicano's indictments could sent him away for 600 or so years. Among his indictments, are charges that he allegedly:

• wiretapped reporters without their consent on behalf of himself or third parties;


• wiretapped a number of investigative targets on behalf of wealthy clients and with the help of his do-defendants; and


• was involved in the Los Angeles Police Department and Beverly Hills Police Department who unlawfully accessed confidential information on celebrities and public figures and turned them over the Pellicano.

There are countless celebrities who are scheduled to testify in this case including Gary Shandling who has already testified, Kevin Nealon and many others. Pellicano was hired by Tom Cruise's attorney during his divorce from Nicole Kidman and allegedly taped their conversations. Former Major League Baseball slugger Matt Williams also employed an attorney during his divorce who hired Pellicano to spy on William's ex-wife.

Pellicano is acting as his own lawyer, against the suggestions of the judge in the matter.

Wiretapping without a warrant or some sort of court order is illegal, and if you think you have your phone tapped, all you need to do is call the telephone service. If there is an illegal tap, they will notify you and the police who will take it down, all free of charge.

California privacy laws in fact prohibit most secret wire tapping. If the police have tapped a conversation and are using it in court, it's important to know whether or not that is a legal use of a wire tap. California state law is more onerous than other state laws, prohibiting the use of surveillance and wire taps by law enforcement.

The last five years or so has seen the rise of the 24-hour celebrity. Britney Spears, Lindsey Lohan, Paris Hilton and a few others are on our television sets, in our magazines, on our websites producing news almost non-stop. However, celebrities aren't able to do this on their own, they need not just the news outlets to disseminate the news to the public, but the paparazzi to follow them around non-stop.

The conflict created has caused a huge confrontation between the paparazzi and the celebrities who want constant attention, yet also want their privacy. In order to properly understand some of the issues though, there are a few legal terms to decipher:

Public Figure: People like Gwyneth Paltrow, Madonna and Brad Pitt fall into this category, they are individuals who have such a high level of popularity that the law views them differently than a normal citizen. Paparazzi are allowed to cover this individuals as much as they want, and can only be convicted of certain crimes if they are proven to have acted with malicious intent.

All-purpose Public Figure: These are people, such as The President of the United States, who have achieved such high status that their name or image can be used for all purposes and in all contexts. If, for example, there was a political cartoon about an unknown citizen which was inflammatory, it wouldn't be seen the same way as if the cartoon were about President Bush, or one of the current presidential candidates.

Limited-purpose Public Figure: These are individuals who have not sought out fame (unlike a movie-star) but who are in the news enough to have a different status legally. Major crime victims or perpetrators, lottery winners and the like may fall into this category.

The paparazzi do not have free reign to follow any citizen they want around while they go to Starbucks, but when an individual is seeking stardom, then the situation changes. After the death of Princess Diana however in 1997, California passed (along with other states and cities) anti-paparazzi laws which cover the physical invasion of privacy, increases the "buffer zone" around a celebrity, restrictions on the invasion of personal or familial activity and a broad definition of the term "offensive to a reasonable person." This is one of the few laws that has restricted the freedom of the press in some time.

The criminal penalties for these laws include possible jail time, fines (including losing the fee that a photograph might bring) and other penalties.

By now, the entire world has heard of New York Governor Elliot Spitzer's role in a prostitution ring, where he apparently was visiting with call girls whose rates were as high as $5,500 per visit over the course of 6 plus years. Now, no longer the governor of the nation's third largest state, he awaits possible criminal charges and further humiliation. While the average john doesn't face anywhere near the national scrutiny that Mr. Spitzer is facing, all men found soliciting a prostitute will face legal actions, family shame and a gamut of internal and external difficulties.

Prostitution is a problem from Skid Row all the way to the heights of politics. Prostitution also now has two very divergent roads, one is the "indoor" or "call girl" style that is normally higher end and more expensive, the other are the street workers who hang out on corners or in places where men can drive by and fine them.

There are also two different offenders to laws forbidding prostitution, solicitors and the prostitutes themselves.

The sex industry is filled with women, and sometimes men, who were abused sexually and/or physically as children and are often runaways. While this isn't 100% true, it is in most cases, and there is often a very high drug use rate among prostitutes and sex industry workers. Those issues and the high rate of STD's prevalent in the industry create not just criminal ramifications, but major health concerns as well.

The city of Berkeley, CA recently tried to decriminalize prostitution, that failed however. California law states that any individual who knowingly or repeatedly beckons individuals over for the purpose of exchanging sex for money, or who actively solicits a prostitute is immediately guilty of a misdemeanor. This can carry with it a fine, probation and possibly minor jail time. Mr. Spitzer's issue was not only one of prostitution, but of sex trafficking, because he brought a known prostitute across state lines for the purpose of exchanging money for sex. Crossing state lines in any crime incurs the wrath of the federal government, which will lead to increased jail time.

Jail time increases for sex with a minor, and often time prostitutes, especially street workers, are minors. These laws begin to drift into sex offender laws and could carry a penalty of major jail time, being listed as a sex offender and so on.

Tips:

1. If you are considering sleeping with a prostitute, if it is a major urge, you may be a sex addict and you may need help. Actively seeking help for an addiction will not only help you, but possibly allow you to have more leniency with a judge.

2. If arrested, be sure you procure an attorney who knows the laws and can get your sentence/fine minimized as much as possible.

In 2006, a level 3 sex offender put out a babysitting ad on Craigslist in the state of Washington. Were it not for a neighbor who recognized the ad, this gentleman may have had access to children for long periods of time completely unattended. The anonymity of Craigslist provides major legal challenges for law enforcement, especially when it comes to crimes involving violence and/or sex.

Prostitutes regularly use Craigslist to advertise their services, in fact there are sections specified for them, under the "Erotic" services offered or under "adult" gigs. With hundreds of listings per city and thousands throughout the nation, cracking down on these individuals is a major challenge. In fact, just last year there was the first ever murder linked to Craigslist.

Anonymous activity can lead to not only prostitution, but misleading ads that lead unsuspecting individuals to trust potential and former rapists, murderers and thieves. In Virginia, an entire "whore house" was advertised on Craigslist and caused major havoc throughout a quiet suburban community.

In fact, violent sexual predators have used not only Craigslist to track unknowing victims, but are using Myspace.com as well due to the amount of young people using the site. The crimes range from things as dangerous as luring children to secret meeting sites to posting photos of underage children in nude/semi-nude poses.

Beyond the first incidence in Washington, another individual, this time in Salem, OR, posed as a modeling recruiter and developed a sexual relationship with a minor who he provided drugs and alcohol to on a regular basis.

To protect yourself, Craigslist even posts on its own website to be wary of meeting people and of scams. For children, there are Internet filters which allow parents and guardians to provide some protection, but keeping an eye on Myspace, Facebook and Craigslist sites, especially on their Internet history is an important thing.

Kidnapping is a serious matter, carrying with it felony charges. According to California Penal Code Section 277, kidnapping is defined as the unwanted taking, enticing away, concealing or otherwise removing someone against their will, or the will of their parent/guardian, and is punishable by up to one year in a county jail and up to three or four years in a state prison. Both of these carry with them fines of between $1,000 and $10,000.

Kidnapping can be specifically in reference to a child, however it can also refer to the malicious taking of an adult against their will. Kidnapping charges may bring with it other charges regarding endangering a minor and others. Jury's also may be more willing bring a harsh punishment against an individual accused of kidnapping a minor.

One of the challenges involving kidnapping is the possibility of child custody battles which at times are involved in these types of accusations. If a couple is divorcing and the court has to grant custody, this can greatly complicate a kidnapping case as the courts will have to decide which parent has the right to custody at which time and so forth.

Like most predatory crimes, this is one that knows no bounds. For example, at a Los Angeles middle school, a 13-year-old girl was kidnapped by an assistant principle and sexually assaulted her. It was a shame that in a place like a public school, where parents trust teachers and administrators to protect their children, a predator such as this would stalk a victim. In fact, at a Los Angeles synagogue last year, a 28-year-old man was arrested for kidnapping a girl of only 7 with the intent to molest her.

However, in the matters involving child custody, the issues are much less about a predator seeking to hurt a minor and more about a battle within a divorce, or a parent coming into a confrontation with the law/judge. While there has been some federal legislation regarding the kidnapping of children by family members, this is often an issue that needs common sense by all members involved.

Parents who feel they are at the end of their rope, or spouses who are furious with their current or former partners, should take the following things to heart:

• California courts take the issue of protecting minors very seriously, so while you may think you have the child's best at heart, be aware that a court may have a very different perspective.
  Consulting your attorney before you do something drastic is not only a good idea, it is a safe idea.
  Courts have been known to favor a woman in child custody matters, so men who feel their wives/significant others are causing the children harm will seriously want to consider such matters.

While many crimes affect men and women equally, sexual battery is a criminal activity that mainly affects women in a terribly haunting manner.

Sexual battery cases can be extremely difficult to prosecute because many times it comes down to "he said/she said" in a court of law. In a city such as Los Angeles, where both the entertainment and adult industries are based, the issues become even more complicated. Many times this involves prominent individuals who lose track of right and wrong. For example, "Girls Gone Wild" founder Joe Francis was recently charged and convicted of sexual battery. Francis' videos earn him in the range of $30 million a year, however Francis was still of the frame of mind to grope a woman who repeatedly asked him to stop.

Prominent individuals such as Dennis Rodman and Arnold Schwarzenegger have been accused or found guilty of sexual battery, or having unwanted sexual contact with someone against their will. A southern California doctor was recently accused of sexual battery against his own patients, which shows that this offense knows no bounds.

In legal terms, this is different than rape because sexual battery doesn't mean there's any sexual activity, just contact such as groping, touching, rubbing up against and so forth. And it's not just individuals who are liable; WellPoint, a well known company in the healthcare industry, was included in a sexual battery suit against it's former CFO.

The penalty for sexual battery can include:

• A felony or misdemeanor charge, with 2 to 4 years in prison.


• Up to $10,000 in fines.


• If convicted, the conviction will stay on the individual's record permanently and may be considered a strike.


• The convicted will have to register with neighborhood committees as a sex offender and deal with the stigma that follows.


• In some states, teachers who are convicted of sexual battery would never be allowed in a classroom again.

Some of these charges can be expunged from someone's record, but this is rare.

Battery: The unlawful and unwanted touching or striking of one person by another, with the intention of bringing about a harmful or offensive contact.

Battery happens in all walks of life, in all classes, religions and races, and in all lines of work. Battery encompasses a variety of forms of violent confrontation, domestic disputes, street fights, schoolyard fights, violent crimes, drug-related fights and even manslaughter. In fact, last year Sean "P.Diddy" Combs was investigated for committing an act of battery at a post-Oscar party.

Acts of violence (often listed as a battery charge in court) are linked to alcohol consumption, aggressive behavior and often involve more than just two people. Take for example the brawlwhich broke out in Detroit during the Pistons/Pacers game in 2004. All three were present at this event, the game had gone very long, many fans had been consuming alcohol for two hours or so, two of the players who started the fight (Ron Artest and Ben Wallace) are known for their aggressive behavior and it all culminated into a horrific sequence of events.

While this brawl was much more public than most, it is not unique in how these events occur. They often leave a trail of trauma, injuries and damaged lives in their wake. Those accused of battery may never again regain their reputation (as Ron Artest is still seen as a trouble maker four years later) and the criminal marks can stay on your record for many years.

Here are some keys to steering clear of situations where battery may occur:

• Avoid dangerous places, i.e. clubs with a history of violent events, strip clubs that have the same history, etc.


• Avoid individuals who tend to incite violence. If you are an individual with a temper, it may be necessary to avoid people or places that insight your anger.


• Avoid alcohol, or places where alcohol is consumed irresponsibly. This can only lead to trouble.


• Bring a designated driver/cool head. Having someone around who is much more level headed can save you jail time, injury or even worse harm.

One of California's most controversial laws over the years is what is known as the "Three Strikes Law" which basically states that if an individual is convicted of multiple felonies (three to be exact) his/her sentence will be quite severe, potentially even leading to a life sentence (potentially up to 50 years in prison).

A number of crimes fall into the category of "three strikes" offenses, including among others:

• murder or manslaughter


• rape


• lewd act on a child


• child abuse


• arson


• attempted murder


• grand theft involving a firm arm

None of these offenses is a particularly tame subject, and in fact this law was enacted to help prevent violent crime and punish repeat offenders. However, what has also occurred is an overcrowded prison system and people getting serious prison sentences for sometimes seemingly innocuous crimes (i.e. minor drug offenses, minor burglaries).

There are a number of stories of both men and women spending serious time in jail for crimes that seemed to be a distant memory or crimes that didn't seem to add up to much.

Another major problem is that one felony can sometimes count as two different strikes for one individual, meaning it would take only two actual offenses to put that person behind bars for decades. Now there California prisons are often at 200% capacity, and the tangled web of law is increasingly difficult to interpret.

Here are some tips, ways to get help or think through the challenges people face when the possibility of a third strike is eminent:

• Find a quality attorney who can possibly negotiate or get a plea deal to turn a strike into something more tame.


• Agree to an extreme amount of community service so that the court is willing to not only have mercy, but where it can possibly monitor your behavior.


• Understand that there are no statutes of limitations on strikes. Meaning that a burglary committed in 1960 is still a strike in 2008.

In films and even songs, stalking can be made light of, or even perceived as a positive or complimentary thing. However, in real life stalking is a danger that could lead to incredible harm and a wide array of crimes. Stalking is defined by California Penal Code Section 646.9, which provides that "any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family" is guilty of the crime of stalking. In essence, stalking is unwanted pursuit.

There are a number of organizations out to help individuals who are being stalked. The reality is there are individuals who stalk for a variety of reasons. "Fans" have been arrested for stalking their favorite celebrities, former spouses or significant others have been arrested as well for stalking former lovers. Obsession can often lead to despair, and while some psychological or emotional problems may also be involved, it's hell on earth for the victims. Michael Douglas and Catherine Zeta-Jones, two or Hollywood's most elite and inaccessible stars, were victims of a psychotic stalker themselves. Even someone as wealthy as Douglas voiced concern over the complete lack of security he felt, imagine what it's like for a single mother being stalked by a former lover while she's trying to work and feed her family.

A factor that is usually a major issue in cases like these is mental health. Logically, only a person who is a bit off-balance could or would think that being overly obsessed and stalking the object of their affection would win them any love in return. However, this not only makes this person a potential stalker, but in the event of a prosecution, it makes that difficult as well. An individual must be found mentally capable of standing trial, and if that individual is found to be deranged, then this could further complicate matters.

According to a study in 2006, more than 7 million Americans have been stalked, meaning that a population almost twice the size of Los Angeles has been followed in some form or another without their consent. Stalking affects seven percent of women, and two percent of men and the results aren't gender related. Meaning that both men and women react the same way to the stress of being stalked, fear, health issues, and other symptoms.

For people being stalked, alerting the police, possibly getting a restraining order against the offender, alerting neighbors and the HR department at work and installing security devices at home are all ways to protect yourself.

For stalkers, or people who have been accused of stalking and/or an unhealthy obsession, seeing a psychologist or psychiatrist can not only help deal with these issues, but can also be used in court to protect against false accusations.

Over the course of the 20th Century as women's rights have improved in the United States, the issue of sexual harassment has grown increasingly prominent. Laws have been enacted to protect both men and women from unwanted sexual advances as well as any sort of sexual indiscretions.

Along with laws and statutes protecting racial and ethnic minorities, the Civil Rights Act of 1964 included language to protect women in the workplace. A federal organization was started named the Equal Employment Opportunity Commission (EEOC) and their task, among others, was to protect employees from sexual harassment in the work place. Sexual harassment is not simply a dirty old man asking his secretary for favors, rather it encompasses any of the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.


• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.


• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.


• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.


• The harasser's conduct must be unwelcome.

While it may seem like fifty years ago that men were chasing their secretaries around the office, over 12,000 cases of sexual harassment were reported in 2006 to the EEOC, and over 15% of those were men who claimed to be sexually harassed.

Some of these issues get even more complicated via retaliation discrimination. Meaning, if an individual presses charges or speaks out against an employer because he/she feels they were sexually harassed, the employer may suspend, deny to promote or even fire the individual who spoke out. As shameful as that may seem, over 22,000 cases of retaliation were reported to the EEOC in 2004, almost a 2-1 ratio in retaliation to complaints, meaning employers seem to want to make examples of people who speak out against them.

Institutions such as UCLA have put efforts into preventing sexual harassment and educating their employees as to not only what constitutes it, but how to go about dealing with it.

The issue is still a major factor in today's working place, and people who even seem to be bastions of liberality in the work place have seemed to have crossed the line. Former California State Senate President, and long time Democrat, John Burton had charges filed against him by the former Executive Director of his charity.

The penalties for sexual harassment range from civil to criminal penalties. And individual found guilty or responsible for sexual harassment can be immediately terminated from employment, fined by a state government agency (i.e. the EEOC), have the employing

Throughout California, and especially in Los Angeles, Marijuana laws are an ever changing area. Although California's laws on pot are much more liberal than most other states, the penalties, restrictions and punishments can shift yearly, and sometimes even differ from city to city.

For example, it was recently reported that a new type of vending machine in Los Angeles distributes pot. The machine requires a fingerprint identification and a card with a magnetized strip on it. Marijuana for medical use is legalized, however the state of California and the federal government disagree over use, distribution and other matters regarding the drug.

California tends to be one of, if not the, most progressive states in terms of the law. Part of California's industrial makeup includes the adult film industry, and their drug laws are no different. Government officials tend to take a variety of stances on the subject of marijuana, making the laws even more complex. Governor Schwarzennegger recently stated that Marijuana isn't a drug, it's a leaf.

Many doctors across the state urge the easing of laws in California which make the medicinal use of the drug illegal. Marijuana is used by some cancer patients to help deal with the pain they go through, as the drug's affects help ease the pain and make the patient more comfortable. However, many law makers believe that legalizing Marijuana for medicinal purposes will only lead to the wholesale legalization of this drug and potentially other drugs as well. While a variety of doctors and medical professionals argue that lawmakers against legalization are ignoring science, the debate continues.

Because of the varied levels of legality regarding this issue, punishment and enforcement are erratic from city to city, and even within cities. The City of Fullerton banned pot clinics within city limits. This wouldn't seem too crazy, if not for the fact that California citizens voted to allow the legalization of marijuana for medical use.

Here are some examples of how widely interpreted the laws are:

The Drug Enforcement Administration (DEA) notified landlords that if they rent to people who grow medical marijuana, they could have their property foreclosed on and face 20 years in jail.

While there is currently proposed legislation in the California Assembly to protect citizens, people can be fired from their jobs if found using medical marijuana.

The penalties, fines and jail time for marijuana possession can be harsh:

Any individual found to possess concentrated cannabis (pot) can receive up to a year in jail and/or a $500 fine.

People with less than 28.5 grams of cannabis will be prosecuted less than people with more than 28.5 grams of pot.

Intent to distribute marijuana not only increases fines, but jail time as well, which is why seemingly arbitrary amounts carry greater time of incarceration. For example, if an individual was arrested with one joint, they could face a fine, and possibly a brief time in jail. However, if thirty or forty joints were found, or 100 ounces were found, that would lead to a felony due to "intent to distribute" the marijuana and lead not only to jail time but a potential strike according the California's laws.

In California, it is legal (according to the state) to buy, distribute or grow marijuana with a license, but illegal to transport it.

So, the governments of the State of California and the United States are battling over the issue, cities are battling over the issue and even politicians are battling over the issue. There are organizations devoted to the legalization of the substance, but they aren't legal themselves. According to certain studies, 20 million Americans admitted to smoking Marijuana in the past year, and 80 million have admitted to having smoked at any point in their lives. This issue isn't going away, and it won't get any less complex in California.

In spite of the legal issues, here are some tips:

1. Growing Marijuana can land serious jail time, this is far worse than buying or distributing the substance.

2. "Intent to Distribute" is a serious offense and can carry serious jail time.

3. Purchasing Marijuana probably won't carry too hefty of a jail term, unless of course the quantity is very high or the offense is found in conjunction with other offenses.