Los Angeles Criminal Defense Lawyer Blog

New technology is expected to help California police put the brakes on auto theft. Beginning with 2009 models, GM cars and trucks equipped with OnStar technology will have a new feature called Stolen Vehicle Slowdown. When an owner reports their vehicle as stolen, OnStar will send a signal to the vehicle that will alert police and prevent the thief from accelerating. The new feature was designed to assist police during high speed chases and prevent the accidents and injuries that often occur during such pursuits. More than 300 people are killed every year during police pursuits, according to the National Traffic Highway Safety Administration.

OnStar representative Brad Williams explained the innovative system: "First and foremost, we will flash the four-way lights so law enforcement knows that we are slowing down the correct vehicle." Communication between OnStar and the police will determine when traffic and road conditions are safe to slow the vehicle. A signal to the vehicle will interact with the power train system and prevent acceleration, gradually slowing the vehicle so that police can apprehend the thief and recover the car.

The Stolen Vehicle Slowdown will be a standard feature on 1.7 million GM cars and trucks in 2009. Thereafter, the feature will be available at an annual cost of $199. GM has started demonstrating the new feature to police departments nationwide. So far the response from police has been universally favorable.

It is hoped that OnStar's new initiative will put a dent in truck and auto thefts. The taking, stealing or driving of someone's car with the intent to deprive them of their vehicle is called Grand Theft Auto. In California, Grand Theft Auto applies to vehicles with a value of more than $400 and can be charged under two different laws:

• If charged as a felony under California Penal Code, sentences range from 16 months to three years in a state prison. Parole or formal probation after discharge may be included in the sentence.


• If charged as vehicle theft under the California Vehicle Code, the theft can be considered a misdemeanor which carries a sentence of up to a year in the county jail. Restitution, fines, informal probation and community service may also be required. Misdemeanor charges are limited to those with no prior convictions.

Grand Theft Auto is a serious crime. Repeat offenders are subject to California's Three Strikes Law which increases punishment and/or jail time.

-LegalPro

CSI star Gary Dourdan was busted by police for possession of a variety of narcotics, including heroin, cocaine and ecstasy. Drug charges can be serious, and can lead to fines, license suspensions, jail time and even count as a strike under California's three strike rules.

Dourdan was apparently found asleep in his car around 5:21 am and officers arrested him right away. Dourdan could face further charges such as DUI since he was found in a car. He posted $5,000 bail and was released, however he will have to go to court to face further charges.

Here are some tips on how to handle the various charges Mr. Dourdan could be facing:

1. Some of the items found on Mr. Dourdan were prescription drugs. The easiest way around these charges is to get your doctor to testify or write a letter on your behalf.

2. Before you ever step before a judge, check into a drug treatment program, or a attend drug counseling. This will allow you have some clout with the judge when it comes to sentencing and probation.

3. Find an attorney who specializes in and has knowledge of drug offenses. Having an attorney who knows the ins and outs of the law and such proceedings is vital.

4. If you have a clean record, be sure to bring this before the judge. Also, any volunteer work you've done may also help gain favor.

Closing what Senator Jack Scott (D-Pasadena) called a loophole, the California Senate last week voted unanimously to automatically suspend a teacher's license if their license had been revoked in another state for sexual misconduct. Previously teachers were allowed to remain in the classroom while the California Teacher Credentialing Commission investigated, a process that can take two to three years. The bill now goes to the Assembly.

The Senate is also considering a bill that would strip teachers charged with sexual misconduct in California of their licenses if they entered a plea of no contest to a lesser charge. Previously in such situations teachers were allowed to retain their teaching credentials. Sponsored by Bob Margett (R-Arcadia), the bill also applies to drug offenses.

The Senate actions were prompted by an extensive 2007 Associated Press report on the sexual misconduct of teachers. The seven-month investigation found 2,570 educators nationwide who were teaching in classrooms despite the fact that their licenses had been revoked in other states for sexual misconduct. The report set off a firestorm of school board and legislative investigations across the country, a number of which have resulted in strictor hiring policies and more restrictive state laws.

No one wants sexual predators or drug addicts in our children's classrooms, but the proposed laws, in automatically denying teachers the ability to practice their profession and earn a living without a hearing, may be trodding on personal rights. A plea of no contest is a legal agreement that leads to conviction but allows a defendant to avoid a trial or civil liability. It is not the same thing as a plea of guilty. The proposed new law would appear to equate the two without allowing the accused teacher the opportunity to explain the circumstances or reason for the plea. Margett's bill also extends the statute of limitations for disclosing a teacher's past misconduct from the current one year to five years.

Accusations of any sex crime, including sexual misconduct, lewd conduct, indecent exposure, child molestation, pornography and rape are incendiary and life changing. Even when the accusation is found to be baseless, untold damage can be done to a teacher's career and ability to work in the future. Sex crimes are felonies that can result in a prison sentence and the permanent loss of your teaching license. If you feel you have been falsely accused, it is important to immediately obtain the services of an experienced criminal attorney to protect your rights.

-LegalPro

Roger Clemens, potential Hall of Fame pitcher (even with steroid allegations) was accused of having an affair with country music singer Mindy McReady. Besides the fact that Clemens is married and a father, there is nothing illegal about that, except for the fact that McReady was allegedly 15-years-old when the relationship began.

The alleged relationship began when McReady was just a young, aspiring singer and Clemens was still with the Boston Red Sox. Statutory rape claims can be common among celebrities, with athletes, actors and singers often involved in one-time sexual relationships with women who they know little about. Actor Rob Lowe famously videotaped himself having sex with two underage girls at the Democratic National Convention in 1988. Singer R. Kelly has ongoing legal battles over a videotape that shows him having a variety of sexual encounters with girls who are allegedly underage.

Any girl who is underage, 17 or younger, is considered a minor and all sexual contact is forbidden by law. The age varies slightly from state-to-state, and the offender can be given some leeway if the parents are consenting. However, the laws can be murky, and even a relationship with an underage girl can be illegal, regardless of any sexual contact.

An, unlike rape, statutory rape has nothing to do with consent of the individual. A 16-year-old girl can be perfectly willing to have sexual intercourse with a 38-year-old man or woman, but the law basically deems the minor as unable to make that decision for him or herself.

If you are falsely convicted of a crime and later exonerated, as in the case of James Ochoa who was chronicled in yesterday's post, you will want to make sure your criminal record is expunged. Expungement is the legal process of erasing all eligible felony and misdemeanor charges from the public record. In California, many criminal convictions can be cleared from the public record once probation terms are met. Expungement allows you to clear your name and move forward with your life. When expungement is complete, it's as if the misdemeanor or felony never occurred. The slate is wiped clean.

A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, buying a condo or home, voting, obtaining certain professional licenses and credentials (nursing, realtor, medical, teaching, etc.), becoming a U.S. citizen and running for political office. Many of the benefits we take for granted in our society are unavailable to people with a criminal record. Background checks and the availability of information on the internet make it all too easy for potential employers, lenders and others to obtain potentially embarrassing and sensitive personal information. Expungement keeps a criminal record from embarrassing you or creating future problems. Following expungement, you can lawfully answer "no" if asked, "Have you ever been convicted of a crime?" You won't have to worry about what someone will find if they run a background check.

With the exception of traffic and sex crimes, most criminal convictions, including many drug charges, can be expunged; however, you must petition the court to expunge your record. Once processing is complete, an expunged criminal record cannot be reversed. The process of expungement can take two to four months to complete and requires the services of an experienced expungement attorney.

A Buena Park man was recently awarded over $30,000 for being convicted of a serious crime he didn't commit. James Ochoa was convicted of a felony, car-jacking, by very controversial methods, and spent 10-months in jail. It was only on appeal that he was able to deal with the false conviction and become reunited with his wife and child.

The challenge of being falsely convicted is that even after exoneration, the stigma of being thought a criminal or spending time in jail is hard to erase. In this particular case, the police ignored DNA evidence and used a scent lifting technique to track down the perpetrator; the blood hound they used led them to Ochoa's apartment. The judge in the case threatened Ochoa with a life sentence if convicted, so Ochoa pleaded guilty even though he knew he was innocent.

Dealing with wrongful imprisonment and wrongful conviction on felonies can be very tricky, especially in cases that are either highly emotional or very public. The police and the courts often feel compelled to convict someone and ease the tension within the community in order to reassure them. However, having an attorney skilled enough to deal with such challenges is vital.

Felonies are often counted as strikes in California's three-strike laws. Having an attorney skilled at not only handling a false conviction but removing the strike from your record can be crucial further on down the line.

California is the third state to make it a crime to smoke in your car when a minor is a passenger. Championed by Senator Jenny Oropeza, a cancer survivor, the law was passed as a cancer-prevention measure to protect children from second-hand smoke. It went into effect on January 1, 2008. "The long-term health benefits from this new law can only be positive for the well-being of our children," Oropeza said. "Reducing disease, from asthma to lung cancer, simply is the right thing to do." Oropeza was also the driving force behind the 2007 California law banning smoking in common areas such as lounges, lobbies, elevators and restrooms.

The relatively new infraction fines drivers and passengers up to $100 if cited for smoking in a car with a person aged 17 or younger. In California, infractions are criminal offenses that are punishable by a fine but no jail time. Infractions differ from misdemeanor crimes in their degree of seriousness. Punishment for a misdemeanor can include jail time of less than 1 year and fines up to $1,000.

When charged with an infraction, most people pay the fine if they're guilty. However, if you are innocent of the charge, it may be wise to hire an attorney to protect your interests, particularly if the potential fine is substantial. When charged with traffic violations, self-represented individuals pay higher fines and seldom manage to get the charges dropped. Attorney representation often results in dropped or lesser charges and lower fines.

Misdemeanor charges can result in jail time and a criminal record which can have lifelong consequences. Most employers refuse to hire people with criminal records. Misdemeanors are likely to show up on background checks requested by a potential employer, rental agent, loan officer or credit company. If you are charged with a misdemeanor, an attorney can often get the charges reduced, obtain alternate sentencing or even expunge (erase) records.

It's every working parent's worst nightmare. You leave your child with a person you trust to cherish and care for them as you would only to find they may have sexually abused your child. That's the horror some California parents faced who sent their children to several different Los Angeles area day care homes.

Last week California officials suspended the licenses of 10 home day care and foster homes after finding that they might also be the residences of convicted sex offenders. In two cases, inspectors found sex offenders living in homes where children were regularly cared for. "In most cases, you have a lady who wants to have day care out of her home, and she can advertise, and people can drop their kids off," Assemblyman Anthony Adams told the New York Times. "But maybe her brother or her husband or her uncle are offenders and living there, too."

Adams and Assemblywoman Fiona Ma had asked for a state audit of day care homes. The investigation showed 49 instances in which the address of a registered sex offender matched that of a day care home. California state licensing laws require day care and foster care providers to submit to a background check and disclose the names of anyone living in the home. State law prohibits sex offenders from living within 2,000 feet of a school or public park.

Harboring a convicted sex offender in a home where children are present can lead to loss of your home day care license or worse, a criminal charge of child abuse or endangerment. California law states, "any person who commits a lewd or lascivious act on a child under the age of 14 is guilty of a felony punishable in the state prison for 3 to 8 years." Each act constitutes a single charge. Continuous sexual abuse -- engaging in 3 or more acts -- is punishable by 6 to 16 years in state prison. These are serious charges with life-altering penalties that require that you immediately contact an experienced criminal attorney.

Los Angeles has recently seen one of the most remarkable and horrendous murder cases ever. Dubbed the "Black Widow" case, two women, one 75-years-old (Olga Rutterschmidt) and one 77-years-old (Helen Golay), were charged with killing homeless people and collecting insurance policies they took out on these people.

So far the couple have been found guilty of killing Kenneth McDavid and Paul Vados, although there are other charges pending. The scheme was to take out polices on people no one would miss and then kill them or have them killed. They were killed in staged hit-and-run accidents, and have been found guilty of murder. The two women collected $2.8 million in life insurance on the two men they have been found guilty of killing.

According to the LA Times both women face life in prison without possibility of parole for the first-degree murder convictions.

Officers were first made suspicious when a detective overheard another detective discussing a case that sounded just like his own. After comparing notes, it was obvious the two women were up to something.

Overall, over 20 insurance policies were taken out by the two women, neither of whom were reported to be poor or destitute. DNA evidence on one of the women's cars led to the convictions of the two women.

Theft and petty crime are a major issue in America. Over the last decade, NASA by itself has lost $94 million in office items that disappeared! Even celebrities have been caught in petty theft, with both Winona Ryder and Bai Ling getting arrested for taking things which were not necessarily theirs.

In 2002, Winona Ryder was charged of walking out of Saks Fifth Avenue with over $4,700 worth of merchandise without paying for it. She was caught on security cameras slipping items into her purse and handbags. She was freed on $20,000 bail which is not a tall order for the actress, but for most individuals it would mean a night or two in jail until the individual could sit before a judge.

Bai Ling was arrested this year, also for shoplifting, but not at a glamorous Rodeo Drive boutique, rather at a gift shop in the Los Angeles International Airport. She didn't steal too much of value, just a couple of celebrity magazines and some batteries. Worst of all for the actress/model, she was placed under citizen's arrest by a shop employee.

Shoplifting can be a dangerous crime, as it can sometimes be deemed a "strike" under California's three strike laws. One individual in the 90's was sentenced to 50 years in prison because his third strike was stealing $300 in video tapes from K-Mart.

Another major issue to keep in mind is that there are citizen's groups and individuals who work as a sort of private security force who police shoplifters along with the police themselves. They are often termed "loss prevention personnel" and can detain individuals and site them various dollar amounts. While these individuals aren't members of law enforcement, if they aren't complied with, that can lead to fines or jail time.

The merritts of treating petty theft as a possible "three strikes" violation has long been debated, but until the laws are changed, any individual who violates these laws needs to be aware of the possible penalties. Jail time for the third strike can reach 25 - 50 years for nothing more than stealing three golf clubs, some video tapes or other items.

Your home may be your castle, but in California that doesn't necessarily give you the right to shoot at an intruder. Weapons laws are complex and place significant emphasis on certain judgmental issues, including the perceived seriousness of the threat, the degree of force necessary to meet the threat, and the assumed actions of a reasonable person.

Under California law, you can use a firearm to defend yourself and your property from an intruder if a reasonable person in the same situation would believe that:

• the intruder intends to forcibly commit a life-threatening crime;


• there is imminent danger that such a crime will be committed; and


• the occupant believes that use of a firearm is necessary to save himself or another person from death or grievous bodily injury, defined as "significant or substantial physical injury."

Murder, mayhem, rape and robbery are examples of forcible and life-threatening crimes, according to the California Attorney General's office. However, you'll note from reading the criteria above that weapons laws are open to considerable judicial interpretation. Quite often panicked actions taken in the middle of the night when we feel most vulnerable are not considered in court to be those of a "reasonable person."

Weapons charges in California are serious and include possession of a weapon, brandishing a firearm, discharging a firearm, using a gun to commit a crime, and the unlawful sale of firearms. Weapons are defined broadly in California and may include box cutters, tear gas, an automobile, your fist, even keys. Gun and weapons charges are aggressively prosecuted in California and most convictions result in time in the county jail or state prison, expensive fines and a criminal record that can make it difficult to find employment and housing. The expert help of a criminal attorney may be necessary to avoid a felony conviction, particularly since, under California law, some misdemeanor crimes, including possession of a firearm, can be elevated to felonies.

Sex Offender laws are serious in California. A law on the books known as Megan's Law states that sex offenders, on top of jail time, fines and probation, have to register with the state and their local communities as sex offenders. There has been a great deal of news lately over the Pope's recent comments regarding priests who have sexually molested children, as he stated he was ashamed of their actions. In fact, in Louisiana, the state is trying to put a man to death for raping his 8-year-old step-daughter.

For those who've been abused by a priest, there are websites that can help people deal with this terrible reality. However, there are also laws protecting sex offenders from being unlawfully harassed, attacked or from having their information misused. Sex offenders must register with the state, and their information is available on websites which allow parents and community groups to know who is in their neighborhood in order to protect them.

The information provided regarding these individuals is not to be used by any person to "commit a crime to to harass an offender or his or her family" If this happens, they are subject to criminal prosecution and civil liability. Many sex offenders wear a cyber scarlet letter, meaning they can be discovered by anyone, found out, attacked and harassed by any individuals who wants to abuse them.

While no one condones what they've done, those accused of a sexual offenseand those found guilty of a sexual offense still have rights under the Constitution and under the laws of The State of California and the city of Los Angeles.

Here are some of the laws protecting sex offenders:

• Any person who uses the Megan's Law website to commit a misdemeanor shall pay a fine of between $10,000 and $50,000.


• Any person who uses the information to commit a felony can receive up to a five-year prison sentence.


• A person cannot be rejected for a home loan, car loan, job, education or benefits if they are a registered sex offender.

In a "he said, she said" nightmare, Rob Lowe's nanny Jessica Gibson has filed a sexual harassment suit alleging that the actor repeatedly exposed himself and inappropriately touched both himself and her during the seven years she sporadically worked for the actor and his wife. Gibson further claims that Lowe's wife Sheryl made vulgar comments and paraded around the house nude. The counter-suit comes after Lowe sued Gibson, another nanny and a chef for violating a confidentiality agreement and spreading what he called "a vicious laundry list of false terribles," slandering him and his wife. Daily volleys from both sides are keeping press reporters busy as accusations are met with counter-accusations and the war of words continues to escalate.

Sex cases are always serious legal matters and can be life-changing. Victims bear lifelong scars from sex crimes which inflict not only physical but mental and emotional anguish. Sometimes, though, accusations of sexual misconduct or assault are used as a weapon to assuage hurt and anger or to blackmail and slander, which is what Lowe alleges. Just the accusation of sexual harassment, indecent exposure, molestation, rape, pornography or lewd conduct can ruin an individual's career and family life, particularly in Hollywood where image is everything. Often sex cases come down to a matter of "he said, she said" with few, if any, objective facts to bolster the accusations of either side.

In Los Angeles, the District Attorney's Sex Crimes Unit aggressively pursues and prosecutes California sex crime offenders. Many sex crimes are charged as felonies and carry maximum sentences of eight years in prison for each individual act. A defendant charged with multiple sex acts could potentially face decades or even life in prison. In addition, individuals convicted of serious sex crimes must register as sex offenders for the rest of their lives. Even if not convicted, the mere accusation of a sex crime can haunt a person for the rest of his life.

First Wesley Snipes, now this! Joe Francis, creator of the Girls Gone Wild Videos and DVD's was brought up on tax evasion charges a while back and now they have moved his hearing to Los Angeles.

Francis is being charged with not reporting his income properly, which allowed him to pay less taxes. The government alleges Francis claimed over $20 million in phony deductions over the years, and that Francis has off-shore accounts where he is hiding other income.

Francis has been sued before, but previous legal matters were issues of sexual misconduct, underage girls and for being attacked in his own home. He claims the government is after him in a sort of witch hunt.

He has been charged in the past for child-abuse and prostitution, but was released from prison in March of this year after posting $1.5 million bail. Francis started the production company Mantra Films which produces the Girls Gone Wild videos when he was 24, just two years out of college. The company reportedly grosses over $100 million a year.

Tax evasion and tax fraud bring with them heavy penalties, including jail time, fines, probation, garnishing of wages and other penalties. In fact, it was tax evasion charges that eventually put Al Capone the famous Chicago mobster behind bars, not murder or anything else.

A 16-year-old Fresno County girl was arrested today for child abuse. Her severely injured 4-month-old step-sister was rushed to Children's Hospital of Central California with multiple broken bones and head injuries. A 22-year-old Redding father was charged with cruelty to a child likely to cause great bodily injury. His 4-week-old daughter is recovering from bleeding in the brain, a victim of shaken baby syndrome.

Governor Schwarzenegger has proclaimed April Child Abuse Prevention Month in California. There are nearly 500,000 cases of child abuse reported in California each year. The California Department of Social Services has labeled child abuse "the single greatest public health epidemic in our country today." Behind education and health care, child abuse and neglect is the third most critical issues facing California, says Danielle Mole of Prevent Child Abuse California. The organization sponsors the statewide child abuse awareness campaign, It Only Takes a Minute -- to Make a Difference in a Child's Life.

In less than 60 seconds, an adult's anger or frustration can boil over into a physical action that can maim a child for life and sometimes kill him. Crimes against children include physical assault and battery; threatening or violent acts, even when no harm is intended; child endangerment in which children are witness to acts of domestic violence; sexual assault and child molestation. Child abuse is a serious charge that can result in either misdemeanor charges or criminal charges, depending on the severity of the act.

The California state legislature is currently considering a bill that would mandate more time behind bars for child abusers who inflict great bodily injury. Dubbed Adam's Bill, the legislation would increase jail time from the current maximum of 6 years to 15 years to life in prison for anyone who abuses a child to the point of brain injury or paralysis. The bill passed the Assembly Public Safety Committee last week and is headed for debate in the Assembly. Sponsored by Assembly Minority Leader Mike Villines, the bill was inspired by Adam, a Fresno boy now unable to walk or talk because of child abuse.

Identity theft is a scary reality that the entire country faces, and places like Los Angeles where people use credit and debit cards, the Internet and other electronic modes of communication quite often, it's a serious issue. This isn't a crime that wealth can protect you from, as the wealthy and those with good credit are particularly great targets for this crime.

Major institutions have recently been heavily affected by hackers stealing the information either employees or students. UCLA Medical Center recently had a major breach both in 1995 and recently, where hospital aides and nurses looked at the records of such individuals as Tom Cruise and Mariah Carey. There are quite a few laws protecting people's medical records, and for hospital workers to breach that law not only violates the trust of the patients, but the laws of both the United states and the state of California.

Here are some tips on how to handle dealing with identity theft, for both victims and those charged with the crime:

For victims:

• If you feel you've had your identity stolen, immediately change all your credit card, debit card and checking account numbers.


• Get a copy of your credit report from one of the three major credit agencies, Equifax, Experion or Trans Union and verify all of your information.


• Contact the local police and possibly the FBI, each may have agencies that handle identity theft.

For those charged with the crime of identity theft:

• Immediately get an attorney with experience handling these sort of matters.


• Get as much information as you can about the charges against you and investigate the situation.


• Review your past record and find out positive aspects that can be highlighted, including the lack of prior charges and convictions for identity theft.

A Roman Catholic priest accused of stalking Conan O'Brien apologized during his New York court hearing during which he pleaded guilty to disorderly conduct. The Rev. David Ajemian of the Archdiocese of Boston was arrested last November at NBC's New York City studios during a taping of O'Brien's late night television show. In court, Ajemian admitted to sending countless letters, postcards, DVDs and packages to both O'Brien's home and the NBC studio.

Ajemian made repeated attempts to contact O'Brien over a 14-month period beginning in September 2005. He was accused of sending threatening notes to O'Brien on parish letterhead, sometimes signing them "your priest stalker." In court, he said he never meant to upset anyone. But victims are hurt and frightened by stalkers. Their sense of personal safety is shattered. They may fear not only for their own safety, but that of their family, particularly their children.

For first-time stalking offenders with no prior criminal history or aggravating factors, a stalking charge will often result in a misdemeanor, as it did for Ajemian. Misdemeanor stalkers can be sentenced to serve up to one year in county jail. Repeat stalking offenders generally face felony charges with sentences of up to five years in state prison.

In 1990, California initiated the first anti-stalking law following the murder of TV star Rebecca Schaffer and stabbing of Theresa Saldana by obsessed fans. Most states now have anti-stalking laws. In California, criminal stalking can take a number of forms:

• Watch, follow, threaten, harass, loiter or vandalize


• Assault (sexual, emotion and physical)


• Repeated unwanted telephone or cell phone calls


• Repeated mail, gifts or packages


• Cyber stalking on the internet

Stalking is a crime and stalking charges should be considered a serious legal problem. Celebrity stalking represents a small fraction of California stalking cases, but celebrity stalkers tend to be more aggressive. More than 75% of California stalking cases involve men stalking women. Stalking is often the result of domestic violence. The Los Angeles Police Department has a specialized department devoted solely to stalking cases, the Stalking and Threat Assessment Team (STAT).

Major League Baseball player, and former member of the Anaheim Angels' 2002 World Series championship team, Scott Spiezio pleaded guilty to hit and run and DUI charges stemming from an incident that took place on December 30 when he drove through a fence.

His penalty includes three years probation, 80 hours of community service, over $2,500 in fines and fees, mandatory attendance at a three-month alcohol program and he has to attend two Alcoholics Anonymous meetings.

Penalties such as this are very common in DUI cases, which could also bring a loss of one's drivers license depending upon the severity of the charges. According to the official account, Spiezio was accused of speeding, cutting across lanes and through oncoming traffic lanes, driving over a curb and crashing into a fence at Campus Drive and Carlson. The front two tires of his car blew out when he reportedly hit the fence and knocked down a fence pole. He then fled on foot to his Irvine condo complex, near the scene of the accident, and visited a friend who lived in the same complex, police said at the time.

Later he got into a fight with a friend whose apartment he fled to and got into a fight with that friend after getting sick in his apartment.

DUI charges can bring with them jail time, loss of driving privileges, one's car can be seized by the state and so on. These charges are serious and without a proper attorney to handle the charges, as Mr. Spiezio had, the court can be ruthless with the application of laws.

Weapons are a serious issue in and around Los Angeles, with everything from guns, knives and even brass knuckles playing a part in a variety of crimes. Not only does this up jail time for other felonies, but possession of a weapon can bring with it criminal charges in and of itself.

In spite of a variety of legislative measuresthe state of California and city of Los Angeles have taken, weapons still find their way into the lives of everyday individuals. These laws and bans against certain types of weaponry (usually "cop-killing" type arsenals) also carry with them heavy jail time. These laws were passed, because of instances such as:

• In LA recently a 23-year-old was shot dead outside a liquor store over a gang related matter. Both the victim and the alleged perpetrator were part of the same gang.


• In another incident, a cabbie was first accosted by a man with a gun, and after then speeding away he was stabbed by the two women who were in his cab at the time. The two women were killed when the man crashed his car.

In dealing with crimes like this, the Los Angeles Police Department has its own CSI style unit that, while not employing handsome detectives and beautiful criminologists, can do a great deal of research on a weapon found. This forensic laboratory can find finger prints, DNA, blood and just about anything else necessary.

There are also programs such as the WARN program to help schools and communities battle against the influx of weapons in their area.

Here are some tips on handling, owning and transporting your weapon:

1. You may transport your weapon throughout California, but it must be in a locked container. However assault rifles must be registered and kept can only be transported from one location to another if approved.

2. Keep weapons out of the hands, reach and sight of children.

3. All firearms must be registered with the state.

4. Ammunition sales people are criminally liable for selling ammunition to underage individuals.

5. Possessing an illegal assault weapon for a .50 BMG rifle is a separate offense from any other criminal activity.

6. Weapons charges may also become a strike under California's three strike laws, so having a proper attorney during such proceedings is vital.

Actress Mischa Barton has decided to accept a plea deal in her drunk driving case that will keep her out of jail, according to People magazine. The former OC star will plead no contest at her Thursday arraignment and agree to serve a 3-year unsupervised probation term.

Drunk driving in California is a serious charge that results in two cases:

• Department of Motor Vehicles (DMV) case that can result in suspension or loss of your driver's license


• Criminal case that can result in jail time, heavy fines, impounding of your vehicle, installation of an ignition interlock device on your vehicle, alcohol education classes, community service or any combination of these things.

With skilled representation it can be possible to drop a DUI (driving under the influence) or DWI (driving while intoxicated) charge to a lesser offense or arrange a plea deal, as in Mischa Barton's case. According to DMV statistics, 34% of those charged with DUI were able to keep their driver's license by requesting a hearing to fight the suspension. In the criminal hearing, the following factors can impact your sentence:

• Any prior DUI or DWI convictions within the past 7 years


• Speeding 20 mph or more over the limit


• Having a child under the age of 14 in the car


• A blood-alcohol reading of more than .20%


• Refusing to submit to chemical testing

An attorney skilled in DUI/DWI defense may be able to use the specific facts in your case to mitigate your sentence. He may uncover holes in the prosecutor's case that can be advantageous to you. For example, California law defines DUI as driving with a blood-alcohol level of over .08% at the time of the driving, not at the time of the test. This is an important difference that a skilled DUI attorney can use in pleading your case. He will also be familiar with the policies of local prosecutors and the local court and will know how best to present your case.

If Mothers Against Drunk Driving (MADD) and Assembly Member Mike Feuer (D-LA) have their way, anyone convicted of driving drunk in California -- including first-time offenders -- will have to install an alcohol ignition interlock on their vehicle. A hearing on the pending legislation (A.B. 2784) will be conducted by the Public Safety Committee tomorrow. MADD's California Executive Director Matthias Mendezona and local drunk driving victims are scheduled to testify.

More than 1,276 people were killed on California roads by drunk drivers in 2006. Driving under the influence (DUI) is the nation's most frequently committed violent crime, say advocates for the ignition lock legislation. They say the devices are 90% effective at reducing repeat offenses of drunk driving and significantly decrease the number of deaths and injuries caused by drunk drivers.

Approximately 1.5 million drivers each year are charged with DUI of DWI (Driving While Intoxicated). For many Californians, a charge of DUI or DWI is their first criminal charge. An arrest for drunk driving can have serious consequences, including heavy fees and fines, loss of driving privileges and jail time.

If you are stopped for drunk driving, either DUI or DWI, it is important to understand the legal process. In California, a charge of drunk driving results in both a criminal case and a Department of Motor Vehicles (DMV) case. Both must be addressed with speed and legal expertise.

• DMW charge. You have 10 days to request a DMV hearing or your license will be automatically suspended.


• Criminal DUI or DWI charge. Driving with a blood-alcohol level over .08% is a DUI offense. Depending on the circumstances, if convicted you may face jail time, fines, alcohol education classes, community service, impounding of your vehicle, installation of an ignition interlock device on your vehicle. Any combination or all of these penalties may be imposed by the court.

A court recently ruled that Princess Diana was unlawfully killed, yet her death wasn't ruled a murder, rather it was ruled to have been manslaughter.

The legal definition of manslaughter is - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

The major difference between the two, is intent. If there was motivation, or previous intention, to cause harm to the other person, than murder would be the charge. However, in the case of Princess Diana, the paparazzi were ruled to have acted recklessly and this caused the accident.

Actor Lane Garrison, formerly on the show "Prison Break" was convicted last year of vehicular manslaughter (killing someone with your car) and was sentenced to 40 months in jail. Garrison has a blood alcohol level of .20 (more than twice the legal limit in California), had cocaine in his system and killed one girl while injuring two others.

Manslaughter differs from someone's death being ruled an accident in that the killer must have been acting inappropriately in some way. Lane Garrison didn't intend to kill the girl in his car, but he did get drunk and high and acted in such a way that it put her life at risk. The photographers who were found to have caused Princess Diana's death didn't intend to kill her, but their actions heightened the situation in which she eventually died.

In California, it is against the law to leave the scene of a motor vehicle accident without providing driver documentation and, if there is an injury, staying to provide reasonable assistance to the injured. Those who fail to do so can be charged under California hit and run laws. Depending on the seriousness of the accident, drivers involved in a hit and run accident can be charged with either a misdemeanor or a felony.

To avoid hit and run charges, drivers should be aware of their responsibilities if they are involved in an accident. If you have an accident or are involved in a vehicle collision, California law requires you to stop, find the owner of the damaged property, and exchange driver documentation. If the owner of the damaged property cannot be located, before leaving the scene the driver must leave a note providing the facts of the accident and his driver documentation in a prominently visible location and report the accident to the California Highway Patrol or local police. If the accident or collision results in injuries, the driver is additionally required to remain at the scene and provide reasonable assistance to the injured.

The following driver documentation must be provided in an accident:

• Your full name


• Valid license number and state of issue


• Vehicle ID number (VIN)


• Insurance carrier's name, address, phone number


• Insurance policy number

Leaving the scene of an accident, no matter how minor, without following these instructions is considered a hit and run accident and can result in criminal charges.

John Cusack, the star of a dozens of popular movies, has been a movie star since the early 80's. He's dealt with a variety of situations where his fame has compromised his private life. However, recently a woman has been stalking Cusack and not only threatening his private life, but his life in general.

Stalking is criminally following or in like fashion harassing a person over an extended period of time without their consent. This can include telephone harassment, sending unwanted gifts, pursuing, or surveillance. Stalking can happen to anyone, famous or unknown, and can be perpetrated by people for any number of reasons, psychological disorders or motivations. For example, the woman stalking Cusack was known as a street person from Santa Monica.

Celebrities are often popular targets for stalkers, one man is accused of stalking an American Idol contestant, whom he sent gifts and roses to, and to whom he also professed an undying love for.

Stalking is a crime however, and is punishable by jail time and even fines. Restraining orders are one way victims can deal with unwanted attention, however they can be a challenge to enforce.

There are approximately 700,000 hit and run accidents in the United States each year, according to U.S. Department of Transportation statistics. California leads the nation in fatal hit and run accidents, according to a 2003 analysis of statistics by the San Francisco Chronicle. A survey of news reports indicates that California drivers haven't changed their ways. More than 300 people a year are killed by hit and run drivers. Nearly 8% of California's highway fatalities are caused by hit and run drivers who flee the scene of an accident.

"It's hard to put a finger on it -- hard to figure out what goes into someone's decision to flee," St. Russell Chew of the Oakland Police told the Chronicle. Traffic safety experts and law enforcement officers suggest the problem lies with the increasing number of unlicensed and uninsured drivers, fear of drunk driving penalties, an increase in wide and busy roadways and intersections that do not provide safe pedestrian access, and California's car culture that tends to disregard the rights of pedestrians and bicycles.

Drivers need to know that in California the law requires the driver of any motor vehicle involved in an accident or collision -- no matter how minor or serious -- to stop, find the owner of the damaged property, and produce driver documentation. If an injury has occurred, the driver must stay and render reasonable assistance to the injured. A driver may not leave the scene of the accident until he has done this. Failing to do so can result in criminal charges under California hit and run laws.

In California, hit and run accidents can be charged as both misdemeanors and felonies, depending on the seriousness of the accident. Generally, fender benders and other accidents resulting in minimal property damage but no physical injuries are charged as misdemeanors. When bodily injury or death occurs, the hit and run is charged as a felony. Leaving the scene of a hit and run accident can result in serious criminal charges.

One of the country's most popular games is Grand Theft Auto, a video game about a guy who steals a car and wreaks havoc on the streets. As entertaining as this might be, the reality is that grand theft auto is a serious crime and extremely dangerous. Recently, former Los Angeles Laker Isaiah Rider was arrested for grand theft auto after running a light in skid row at 2:30 am.

These charges are serious, and can bring with them fines, jail time and community service. Grand theft is defined as stealing valuable property, usually anything valued at over $1,000. Grand theft auto of course would mean that the item stolen is an automobile. If the car or truck was stolen from a garage, parking garage or off the street, the penalty will include a fine and jail time depending upon whether or not it was a first offense. For Isaiah Rider, this was his third charge (kidnapping and drug charges were the other two), which would mean he may serve quite a few years in prison.

Another serious penalty for grand theft auto is denial of employment. Meaning that when a potential employer does a background check, they will surely find any felonies you have on your record, which can lead to not getting the job.

If however the car is stolen while someone is in it, or stolen from someone, the charges could include car jacking and may even add up to a strike under California law. The car could also include kidnapping. Charges such as these are far more severe, and bring with them much more jail time.

One possible case of grand theft auto which is very complex is the case where the a repossession company (or "repo man") repossesses a car either unlawfully or mistakenly. In these cases, the individuals responsible for taking the car can indeed be held responsible under the same charges.