Los Angeles Criminal Defense Lawyer Blog

Burglary and robbery are often confused. While both involve theft, under the law they are quite different and carry different penalties.

Burglary is the act of entering a building with the intent to steal property or commit another felony. The actual theft or felony does not have to actually be committed; entry with intent to commit a theft or felony is enough to result in a burglary charge. Burglary is a felony punishable by incarceration and significant fines that results in a permanent criminal record. First degree burglary is a strike offense in California.

• First degree burglary, often referred to as residential burglary, involves entry into a home, attached garage, boat, floating home, trailer, railroad car, aircraft, warehouse or the inhabited portion of a building. First degree burglary is a serious felony and a strike offense in California.


• Second degree burglary covers burglaries of businesses, stores and vehicles. Generally classed as misdemeanors, second degree burglary can be charged as a felony.

Robbery is the taking of property from another person against his will by means of force or fear. Robbery is a serious and violent felony and a strike offense in California. If convicted of robbery, you will serve time in a state prison.

• Strong arm robbery occurs when simple physical force is used.


• Armed robbery occurs when the force used involves a gun or other deadly weapon.

The difference between burglary and robbery is that robbery involves the threat or use of force in a person-to-person confrontation. For example, stealing an unoccupied car from a sidewalk or garage is the commission of second degree burglary. However, forcing a person from his car to steal the vehicle -- carjacking -- is a form of robbery.

-LegalPro

Murder is, obviously, a serious issue; and the search for a suspect and/or suspects, is a major issue during a murder investigation.  If a crime scene is left for too long, the case becomes increasingly difficult to investigate and it becomes quit difficult to prove guilt of the accused.  Although DNA evidence can lend some assistance, it is still a difficult task.

For example, in San Clemente, CA five family members were recently found dead in their home.  They lived in a gated community, and they were all adults.  Complicating matters is that the family may have been dead for two weeks since they were found at home with their bodies decomposed.  Neighbors said the family kept to themselves, and authorities are not yet able to rule out homicide or suicide.  In a case such as this, it would be quite difficult to prove any particular crime as weeks have already passed in a gated community with few if any witnesses.

Another case, this time involving the military, is also quite difficult.  A marine is charged in the death of another marine, with a third individual on the loose, at Camp Pendelton, in San Diego.  The challenge here, despite the slight differences in law between the military and civilians, is that one suspect is on the loose and while the case in San Clemente involves people who were isolated, this case involves men who were in close quarters.  With so many men in such high stress situations, the accused could claim self-defense or could claim any other defense that would be hard to disprove as both men were possibly in constant contact.

While murder rates have slowed in California, there is still a problem with murder and manslaughter throughout the state, and especially in major cities.  Attorneys have a hard time proving murder since the burden of proof is very difficult, and since evidence can also be a challenge.

One possible major factor in murder investigations is the possibility of gang involvement in the crime.  If a gang member kills either a member of a rival gang, or simply any ordinary citizen, getting another gang member to testify would be impossible.  Members of the surrounding community could be afraid to testify as well, making witnesses very hard to come by.  Considering how some criminals also fear California's three strikes laws, they may be hard to find or get information out of in a murder case.  These are just a few of the factors involving in murder trials.

Vehicular manslaughter is a difficult case to prove, in Los Angeles and the rest of the country. The major factor in proving such a case, is proving gross misconduct or negligence. For example, there was a terrible tragedy near Beverly Hills where a man was killed during a crash. There are not many pieces of information available yet, however if charges were to come against the driver, they police would have to prove the driver was guilty of gross misconduct which lead to hurting the passengers or was criminally negligent in his/her actions, such as driving recklessly or consuming alcohol.

There was a case recently in Compton where a man ran a red light, crashed his car into another man's truck then fled the scene. The man's truck burst into flames, which killed him. The man was charged with vehicular manslaughter for not only running the red light, but for allegedly driving 80 mph, which isn't even legal on the freeway, let alone on side streets.

In this case, the vehicular manslaughter case was a bit easier to investigate because the man left his cell phone on the street when he fled the scene. Running a red light and driving at 80 mph, not to mention feeling the scene, are all particulars which amount to a vehicular manslaughter case. That kind of negligence, of not being concerned for the other person's health will be impossible to overcome in court.

Tips:

Here are some tips on how to deal with vehicular manslaughter charges or the possibility of:

• A hit-and-run charge is not only illegal, but in a case where there's a death, it only adds to the apparent guilt of the accused individual. Don't flee the scene!


• The consumption of alcohol, or DUI, in such a case only increases the jail time and the legal challenges you will face. Jail time will be up to ten years, not including other possible charges, probation or fines.


• Vehicular manslaughter is a charge that could lead to a strike under California's three strike laws, so this crime could lead to life in prison if the alleged isn't careful.

In the grand scheme of things, parking tickets would seem to be a fairly minor annoyance. But in parking-challenged Los Angeles and other California cities, tickets can mount up and quickly move from the realm of little problem to big trouble. The parking ticket issue has gotten more than a bit murky in California. Until recent passage of a new law, private parking enforcement companies "served as judge, jury, and executioner when distributing violations," charged State Assemblyman Chuck DeVore, the bill's sponsor. "If a company profits from distributing a greater number of parking infractions, there is no incentive to act justly by allowing for a fair appeals process."

Numerous California cities and counties contract with private for-profit companies to handle parking enforcement. These companies not only write parking tickets, they provide the hearing officers, hold the trials and enforce fine collection. Many cities offered bonuses for guilty-verdict payments. Until DeVore stepped in, the poor motorist didn't have a chance. DeVore's original bill sought to completely prohibit such conflict of interest and restore due process to ticketing procedures. The legislature would only agree to a watered-down version of the bill that prohibits companies from receiving any financial gain based on the number of guilty verdicts obtained. A partial win for motorists.

The potential for abuse will remain as long as private firms control both sides of the parking ticket process. As DeVore warns, "Any system of justice that assumes that people are automatically guilty undermines support for the rule of law." If you feel you have been the victim of an unfair law, you may need the services of an experienced criminal defense attorney. Sometimes it's necessary to stand up for small rights like parking ticket due process to protect greater, more important rights. A knowledgeable attorney can protect you from unfair traffic infractions and misdemeanors.

-LegalPro

Recently, the California Supreme Court ruled that denying marriage to same-sex couples was against the constitution of the State of California, thus legalizing gay marriage throughout the state (at least for now). While this will have great repercussions on the law in general, especially civil law, there are a great many areas in criminal law where this ruling will have a major impact.

For example, during cases between husband and wife, juries tend to have more sympathy towards women whether it's a matter of divorce, child support or even spousal abuse. However, in a case of husband and husband, how will this affect a jury's attitude?

Here are some criminal matters that will surely be impacted by same-sex marriages:

Domestic Violence - How will juries, or judges for that matter, decide a case where a man claims a beating from another man, or a woman from another woman? Normally, a jury would be outraged by the idea of a man beating a woman, however, if it's two men or relatively equal size and strength, how will a jury decide these matters?

Theft - If a husband, or ex-husband, was accused of stealing his wife's belongings, it would easy to find female clothing, jewelry or the like in his possession. However, unless the two men or two women had a list of exactly what they owned before going into their marriage, how would an attorney be able to prove theft? If both men had similar lifestyles and owned similar items, it would be difficult to tell same-gender ownership.

Sex Offenses - Again, if a wife could prove a pattern of behavior, a jury would be more likely to believe a claim or rape or sexual abuse. However, if it is two men, not only are most straight people unfamiliar with the sexual practices of most homosexuals, but an attorney might be hard pressed to get a judge and/or jury to sympathize or side with one man over another, or one woman over another.

Stalking - There are a "limited" number of bars or clubs considered "gay bars" or at the very least "gay friendly." Part of proving that one individual is stalking another is that they show up at unexpected places. However, if a group, such as homosexual males in Los Angeles, are known or even suggested to spend time at particular bars, clubs, gyms or stores, how would one go about proving stalking?

These are just some of the many criminal issues which will surely have to be sorted in the courts, by attorneys and in the California legislature over gay marriage.

The police were out in force this Memorial Day watching for drunk drivers. In what has become a modern-day tradition, state police and local law enforcement beef up their forces for the annual Memorial Day onslaught. As millions of Americans hit the highways for the Memorial Day weekend and the traditional beginning of the summer drive season, police become extra-vigilant watching for speeders and potentially drunk drivers.

Some states pulled out all the stops this weekend. In Ohio, state and local police teamed up with the Attorney General's office to ensure instant action. On highways and suburban streets, drivers were directed off the road to inspection points where officers looked for signs of inebriation, open containers and other violations. AG officers were onsite at inspection points and at highway stings. Judges were on-call, just a phone call away. If you were suspected of drinking and driving in Ohio this weekend, legal action was swift and immediate. You could be charged on the spot, legal paperwork completed onsite and hauled off to jail within minutes. Ohio lawmakers are hailing the collaborative initiative as a ground-breaking deterrent to drunk driving.

While California hasn't adopted Ohio's "instant conviction" approach yet, California is tough on DUI and DWI charges. Proceeding require both a DMV hearing that affects your driver's license and a criminal hearing that can result in jail time, fines, mandated alcohol education classes, community service, impounding of your vehicle and/or forced installation of an ignition interlock device on your vehicle. An experienced DUI/DWI defense attorney can best present your case. He may be able to get the charge reduced or even dismissed.

- LegalPro

In our May 2 blog post we talked about paparazzi Glen Gurniak who filed a hit and run suit against rocker Benji Madden and passenger Paris Hilton for allegedly driving over his foot before speeding away. The incident was widely reported in national and LA entertainment news and blog sites. Although no legal resolution has been reported to date, an anonymous citizen is posting strikingly similar responses to blog sites wherever the Gurniak charge crops up.The response posted on 22.moon.com is representative, though more elaborate than the comment posted on this site: "The pap is just in need of money he's tmz ex-video guy who is a sex offender, nothing happen to his foot anyone can go into a hospital and say their leg hurts and doctors can only assume it's a sprain if they can't find anything wrong with it. Which is what he claims to have had a sprain on his knee and ankle. Celebrities watch out he'll do it again."

So is this legit, an attempt to defame the man or a misguided effort to sway public or legal opinion? As Alice would say in Wonderland, things are getting "curiouser and curiouser." As is often the case, things may not be what they seem. Gurniak's claim could be legitimate or it could be a fraudulent attempt to bilk money from publicity shy celebrities. The unsubstantiated blog comment could equally be true or fraudulent, an attempt to either "get the truth out" or discredit Gurniak's charge.

The whole affair points out the importance of obtaining legal counsel no matter which side of an argument you're on. If you're a little guy with a legitimate beef, you need the power of an experienced lawyer to protect yourself from the rich and powerful. If you're among the social elite, you need the resources of an experienced lawyer to protect yourself from becoming the target of frivolous and often expensive nuisance suits. An experienced attorney will protect your interests in court. You may not be able to stop the rumor mills from spewing misleading or spurious reports, but an experienced attorney will see that your rights are protected. Leave it to the facts to quash unsavory rumors.

- LegalPro

The state of California has a massive prison overcrowding problem, due in part to the nation's "war on drugs" and the state's Three Strike laws. Laws and policies such as these can often put non-violent offenders in jail for long periods of time, even as their crimes would barely warrant parole in other states. As a result, California currently has almost 200,000 people in jail and this has created not only an overcrowding problem, but a major budget crisis as well.

As politicians tackle this issue, a few different options being explored to solve this issue involve releasing current prisoners and/or handling lower level and non-violent offences differently than before. For example, any low risk offense such as failing a drug test would no longer be handed a prison sentence, rather drug treatment and possible house arrest would be handed down.

Prisoners who embrace rehabilitation including drug and alcohol treatment, gaining a high school or college diploma or even involvement in community service projects would be highly beneficial in avoiding jail time in California. Obviously major offenses such as murder, attempted murder, rape and other crimes wouldn't be affected by the current climate in California. However, if you're charged with a misdemeanor, a minor drug offense, petty theft or another crime that isn't violent or considered doing "major" harm, this plan could help keep you out of prison.

If you've been arrested or accused of a crime, consult your attorney and see if these new development affect you.

Time is definitely not on your side when filing a legal appeal. The filing deadlines for appeals are jurisdictional and set in stone. They cannot be extended by consent of the parties involved, nor can they be extended by the court. In California, if your appeals attorney misses an appeal deadline, you pay the consequences.

Despite efforts by the Judicial Council and appellate courts to clarify the rules of appeal, those rules, particularly with regard to timeliness, remain complex and confusing in application. Inconsistent language and application of similar rules of appeal only serve to muddy the waters further. If improperly titled, worded or stamped, an appeal document can fail to meet the rules for appeal and can be disregarded by the court even if filed on time.

If you are convicted of a crime and you believe a mistake was made during the trial, under California law you are entitled to appeal your conviction. However, that appeal must be filed within 60 days of conviction. If your attorney misses the deadline or fails to file correct and complete paperwork, you throw away your right to a second chance.

The California criminal appeal process is an extremely complicated process that demands the specialized knowledge and expertise of an experienced appellate attorney. An appeal involves extensive research and written and oral arguments that can take more than a year to complete. The appeal process is distinctly different from the trial court process and requires a unique set of legal skills and experience.

-LegalPro

In California, both arrest warrants and bench warrants are orders from a court or judge. Arrest warrants and bench warrants can be Federal or State issued and are executed by a law enforcement officer.

A warrant refers to a specific type of authorization. Often on police shows such as "Law and Order" the detectives will search a place with a warrant issued by a judge. And there are many different types of warrants, arrest warrants, bench warrants, search warrants and so forth.

A bench warrant allows for the immediate arrest of the individual named in the warrant. These can be issued for a "failure to appear" violation.

An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual. An arrest warrant can be issued for any number of reasons.

A search warrant is issued by the court and allows police officials to do an official search of an area for evidence of a criminal offense.

Warrants are mostly issued by the courts, however they aren't fool proof. They can name people incorrectly, and this can lead to the seizure of a person's assets. Warrants must be specific by nature, and if police confiscate items that aren't covered under the warrant they have in hand, this can be brought up in court.

There can even be a warrant out against you for failing to appear in traffic court if the violations are stiff enough. These warrants are no joke, they can lead to jail time, fines and proba

tion.

In a law that went into effect on January 1, 2008, California put the brakes on expungement in cases involving hit and run, reckless driving and driving under the influence of alcohol and drugs. The new law no longer guarantees those convicted of such vehicle violations the right to expungement following successful completion of probation.

Expungement is the legal process by which an individual's entire criminal record is erased in the eyes of the law. In California, certain felony and misdemeanor convictions were eligible for expungement upon completion of probation. Your attorney could petition to expunge your criminal record which would wipe the conviction from the public record as if it had never occurred. Conviction of a felony or misdemeanor can affect a person's ability to get a job, obtain a loan, be granted a professional license or teaching certificate, rent an apartment, vote or run for political office. Expungement removed those obstacles. Until the passage of the new law, expungement could be used to clear a person's record of nearly all crimes in which probation rather than state prison was ordered, with the noted exception of sex offender crimes. If probation was completed without incident, expungement was practically guaranteed for nearly all crimes. No more.

The new law removes the individual's guaranteed right to expungement from a host of vehicle felonies and misdemeanors. Judges now have increased discretion in granting or denying petitions for expungement of convictions for hit and run, DUI or reckless driving. Expungements can still be granted if the judge concludes such action to be "in the interests of justice." However, the standards or criteria to be used in making that judgment are lacking from the new law.

More than ever, the services of an experienced expungement attorney may be necessary to ensure your right to expungement if you are charged with a vehicle offense. For information on expurgacion de antendentes penales, visit our Spanish version website.

-LegalPro

There have been a number of reports of late detailing how police officers have shot and killed, or otherwise harmed people who were not necessarily intending on harming anyone.

In Long Beach, the community is furious at the killing of a man who suffered from schizophrenia, but who neighbors claimed was otherwise harmless.

In Orange County, the Sheriff's department is facing many challenges as various department members are facing federal corruption charges and even some of the jail deputies are facing charges as well.

In Queens, NY, Sean Bell was shot at 50 times by officers who claimed he was acting strangely and someone claimed he had a pistol.

In most of these cases, the police claimed that the individual shot was acting strangely, behaving in a manner which was threatening or something other "ambiguous" comment. Here are some tips on how to deal with circumstances where the police could cause you harm:

1. Listen and Obey - If an officer tells you to put your hands up, get on the ground, or something of that nature, obey their command immediately. Chances are the officer is very emotional and even if they're overreacting, listening will get you out alive.

2. Be Honest - If you have a weapon, let the officer know without threatening them. Don't yell "I have a gun!" Rather, if you're asked speak calmly and say something like, "There's a weapon in my pocket and I will not use it." Be clear, enunciate, don't be threatening and you will decrease your chances of being harmed.

3. Live to Fight Another Day - You may feel the officer is acting completely wrong, you may feel the officer(s) are racist, or acting illegally, but they have the badge. If you comply with their demands, they'll have nothing against you in court. Plus, if you're attorney knows there's nothing negative in the police report, it makes it easier for him/her to defend you. If however the police report says you hit them, kicked them, shouted obscenities or something like that, they jury/judge will be biased against you.

4. Resisting Arrest is Not the Best Idea - Resisting arrest charges can be either a misdemeanor or a felony, one has massive jail time. Choose your actions wisely and this will give you and your attorney the best chance for the smallest and least painful penalty possible.

It's no secret that America's economy is in a recession. What is odd is how the global economy is affecting local criminal activity. For example, one American dollar used to be worth two British pounds (UK currency) which meant your dollar was twice as strong as their was; however that has changed and our current dollar is worth very little compared to fifteen or twenty years ago.

The value of certain items however has increased, items like rice, gasoline and even gold. This increase in value has led to new crimes targeting those items which have increased in value. Recently, 11 JC Penneys were burglarized and over $2 million in gold jewelry was stolen. The reason for this is that the value of gold is higher, possibly than it's ever been. Burglary is a major crime, and a major felony, especially when the dollar amount is so high.

The prison time for such offenses could be up to a decade, and that's not factoring in whether or not the criminals had weapons with them, or if they were former employees. Those could increase the the jail time as that would lead to other charges or make the burglary charges more severe.

Throughout the US, gas theft has become a major issue. Now that gas is $4.00 and counting, it's becoming more and more attractive to steal it. Not for sale, but for the use of the thief. Again, new laws will likely be passed regarding the theft of gasoline, and will probably be a simple misdemeanor for small amounts stolen, however as gas becomes increasingly precious, look for that crime to become a felony.

Rape victims are finally catching a break. A new federal mandate that goes into effect in 2009 will allow rape victims to undergo a forensic rape exam in a local emergency room without going to the police. The evidence will be sealed and kept on file in case they decide to press charges. Many rape victims are too ashamed or afraid to go to the police right away. Often, victims are too traumatized to come forward until it is too late to collect evidence. Prosecutors say lack of evidence is one of the biggest obstacles to prosecuting rape cases.

"Sometimes, the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," explained Carey Goryl, executive director of the International Association of Forensic Nurses.

Under the federal Violence Against Women Act, states will be required to pay for the anonymous $800 rape exams, dubbed Jane Doe rape kits. States will decide where the exams will be offered and how long evidence will be kept. Identified by number to protect the victim's privacy, the evidence will only be provided to police if the victim decides to press charges.

In California, rape is most often charged as a felony. There are three types of rape:

• Statutory rape is a sexual act with a minor under 18.


• Date rape is a forcible sexual act between two people who know each other during a social engagement.


• Spousal rape is forced sex without the consent of the spouse.

Rape can be complicated to both prosecute and defend. The services of a skilled felony lawyer may be necessary. A Spanish version of our criminal defense website is also available.

-Lega

lPro

You don't have to be a criminal to need a lawyer. As our society becomes increasingly complex, more aspects of our lives are being regulated. The chance that you'll run afoul of the law at some point in your life is rising. New laws are created every day, and many of them regulate everyday activities. It is becoming increasingly easy to break a law simply because you're unaware of its existence. Unfortunately, that's not generally an acceptable defense in court.

A new California law that goes into effect on July 1 may cause some problems as people are forced to change ingrained behaviors. The hands-free cell phone law is expected to save 300 lives a year, according to the Public Policy Institute of California. In other states, similar laws have significantly reduced the number of deaths from accidents due to inattentive drivers talking on cell phones, particularly in bad weather, on wet or roads and during rush hour. Critics of the law cite California Highway Patrol statistics that indicate cell phone use was a factor in only six fatal accidents in 2006, the last year for which data is available. Supporters of the law point out that cell phone use has increased exponentially over the past couple of years.

Whichever side of the argument you're on, starting July 1 you could get a ticket for holding your cell phone to your ear while you're driving. Bluetooth headsets will be allowed. You can still talk and drive; the law just wants you to have both hands on the wheel, unless, you're under 18. A separate law bars drivers younger than 18 from using a cell phone or any mobile device while driving.

Misdemeanors like the new cell phone law aren't major crimes, but they can cause problems for honest citizens. Misdemeanors can result in jail time, probation, community service, physical labor, counseling, restitution and fines. Convictions can result in a permanent criminal record which can affect your ability to get a job, own a home, rent an apartment, buy a car, get a loan and own a gun, among other problems. If you're charged with a misdemeanor, an expert defense attorney may be able to obtain alternative sentencing, reduce your sentence or expunge criminal records.

-LegalPro

West Hollywood, known more for its gay bars and hip night-life than for its crime witnessed a terrible tragedy on March 9. An aging Kazakhstani man was stabbed and lay in the street bleeding for an hour before finally passing away. Weapons crimes, murder and attempted murder are on the rise in Los Angeles, and are beginning to find their way into neighborhoods that aren't normally known for their crime rate.

In a recent annual report, workplace violence was up 41% between 2006 and 2007 in some places, which is really the last place a person think they'll encounter violent activity. Weapons are also quite prevalent in many of the spousal abuse cases reported throughout the nation.

Protecting one's self from these crimes is vital, and protecting one's self from the accusations which will bring with them heavy penalties and fines, especially in a county like Los Angeles which has strong gun control laws, is important. Here are some tips and facts for victims and alleged assailants:

• Felony weapon offenses carry with them at least four years in prison, if not more.


• California is not always serious about enforcing it's gun laws. In fact, the Federal government just passed a law allowing some weapons to be used in Federal park.


• California and the Federal government define weapons differently (in part because Democrats run California and Republicans have held power for eight years on the Federal level) so fines and jail time will differ depending up on who has jurisdiction.


• One easy way to avoid complications is to follow the gun control laws of California, especially in terms of registering your weapon.

A respected Carmel Valley mother sits in prison awaiting extradition to Michigan. In what must seem like another lifetime, she was sentenced to serve 10 to 20 years in prison for selling heroin in Saginaw, Michigan. Eight months into her sentence, she escaped over a barbed wire fence. She was 20 years old.

Now 53, Susan LeFevre is being ripped from her husband and three children and the law-abiding life she has lived in upscale North County to serve out the rest of her jail term in Michigan. Her chances for clemency from Michigan's hard line governor are slim, legal experts say.

Just out of high school, LeFevre was one of many 1970 teens who dabbled in the drug culture, using and sometimes dealing. She was arrested at age 19 during a state police crackdown on drug dealers. At the time of her sentencing, drug sentences of 20 years were common. After her escape, LeFevre changed her name and fled to California where she lived for more than 30 years waiting for "the ax to fall" until officers appeared at her door. It's a "nightmare," said the mom and avid volunteer at several nonprofits.

Extradition is the process of returning a fugitive wanted for a crime in another state to that state to face criminal charges or serve a sentence. California recognizes two types of extradition cases:

• An individual arrested in California for a crime that occurred in another state, as in LeFevre's case.


• An individual arrested for a crime committed in California who is now living in another state to seek asylum.

California laws protect wanted fugitives charged with extradition. Legal proceedings to ensure that the extradition is valid protect the accused wanted criminal before an extradition arrest can occur. The fugitive often must wait out these sometimes lengthy proceedings in jail. A criminal defense attorney can help a fugitive fight an extradition proceeding. The validity of the documents filed by the prosecutor and vague or incorrect proof of identity procedures are two areas on which extradition can be fought.

-LegalPro

There is an unfortunately long history of teachers who take advantage of their male or female students, and commit either rape, statutory rape or some other sexual offense. There is also an unfortunate history of students making bogus claims against teachers because they have a grudge over a grade or some other lame excuse.

In the first instance, take Santa Monica/Malibu Unified School District. Not only have multiple students come forward to accuse a teacher of a variety of sexual offenses, but administrators apparently knew about the charges and did nothing about it.

Another teacher in Los Angeles who had caused problem at a previous post in Fremont had been accused a couple of years ago or sexually assaulting a 13-year-old girl. Again, there were a myriad of cover ups and misinformed or misguided administrators surrounding the situation.

However, on the flip side, there are parents and students who have falsely accused teachers and school administrators of sexually assaulting, fondling or molesting students in their care. In Ohio a few years ago, a woman accused a teacher of fondling female students and was proven not only wrong, but was ordered to pay restitution to the teacher she accused.

Here are some tips for just how to handle these situations, both for the accused and the accuser:

There is a national registry for sex offenders. If you think someone is a sex offender, you can check this list. If you know a person is an offender and hasn't registered he/she is guilty of a crime and can be reported.

For those who feel there are students capable of lying and portraying teachers as sexual offenders, be aware of how to protect yourself, what your rights are, and what an attorney might say in order to guide you.

If students are found making inappropriate accusations, or flat out false statements in school or even online, first alert the school, then the proper authorities and contact an attorney before you do either. Odds are the parents of the students will be very protective.

In California, it's three strikes and you're out! The California Three Strikes Law gives you three chances to shape up. Slip up three times and you could spend your life in jail, even if that third offense is relatively minor.

Determined to get tough on crime, California passed the harsh Three Strikes Law to keep violent offenders behind bars. The law lengthens prison sentences and reduces prison credit for good behavior. The goal of the law is to get repeat felony offenders off the streets and keep them in jail longer.

California considers certain violent or serious felony convictions to be a "strike" against your record. Similar felony convictions from other states also count as strikes. If the offender was 16 or 17, certain juvenile offenses can also be considered strikes. Among the crimes considered to be strike offenses are murder and voluntary manslaughter, kidnapping, grand theft with a firearm, rape or forced sodomy, sexual abuse of a child under 14, carjacking with a deadly weapon, selling drugs to minors and robbery.

The Three Strikes Law mandates a life term sentence for a third felony conviction if you have already been convicted of two or more "strike" offenses. Conviction of even a single strike forces a prison sentence of twice the usual term for subsequent convictions. There is no statute of limitations on prior offenses. Convictions that occurred before enactment of the Three Strikes Law can count against you. In addition, prior offenses, even those in the distant past, will continue to count as strikes. The Three Strikes Law never wipes the slate clean. Your record, including your juvenile record will continue to count against you as long as you live, even if a conviction is dismissed or expunged.

For more information on LA criminal defense, visit our English website or Spanish version website for more information.

-LegalPro

In the last year, burglary rates have jumped as much as 20% in some parts of the San Fernando Valley, and 6% overall in the Valley. Due in part to the crumbling economy, everything from air conditioners to plasma televisions have been reported stolen throughout the Valley. Van Nuys has been one area particularly hit hard, with a 19% increase in crime, as assailants have torn open back doors, prying open windows and even distracted the elderly in order to steal.

In fact, the home of MySpace founder Brad Greenspan was recently burglarized. He lived in Hollywood Hills, and the crime may be part of a wider break-in spree targeting the wealthy and celebraties.

Property crime and property theft are major issues in Valley, and in the last year with 13,600 jobs being lost in Los Angeles County alone, theft rings have sprung up and are being considered the two main perpetrators of these crimes.

Beyond property theft, petty crime and assault are also on the rise; a man was recently held up near his U-Haul truck by two men who were holding a knife to him.

First degree burglary carries with it a 2-6 year jail sentence if it's done in the home. First degree burglary also counts as a strike, and multiple counts can also count as multiple strikes. Meaning that if an individual breaks into a home, robs a significant amount of items and threatens the occupant of the home, that could potentially be three strikes all at once.

For those who are in jeopardy of jail time for theft, here are some tips and pointers:

• Find an attorney who is experienced in all matters of theft who can advise you competently and fight for you in court.


• Make sure you have people who can testify on your behalf in court as far as your whereabouts for the alleged crime and so forth.

Fallout from the undercover drug sting at San Diego State University continues. More than 128 people have now been arrested for suspected drug crimes, most of them students. Six fraternities have been suspended and are under investigation. "Undercover agents purchased cocaine from fraternity members and confirmed that a hierarchy existed for the purpose of selling drugs for money," a DEA spokesperson told reporters. Young men and women on the verge of graduating and launching their careers now face probable jail time, their dreams in tatters, their futures forever tainted.

The five-month federal operation began a year ago as a campus police probe into the overdose death of a freshman sorority member. Federal agents posing as collegiates said they had no trouble obtaining drugs from suspected dealers. "All it took was saying, 'Hey, I go to State, can you hook me up?' And then it was off to the races," San Diego County Prosecutor Damon Mosler told the Associated Press.

Students caught for minor drug offenses early in the sting served as informants, setting up drug buys and fingering fellow students as dealers. A DEA spokesman said students apparently never suspected a drug investigation in their own backyard.

Drug crimes are a serious offense in California and can include possession, trafficking or distributing and cultivating or manufacturing. With certain exceptions, drug crimes are a felony in California.

• Drug Possession. Prosecutors must only prove that you knew about the drugs and controlled them or that you intended to sell them. They don't have to actually catch you with the drugs; finding drugs in your car, house or backpack is enough for conviction.


• Drug Trafficking or Distributing. You can be convicted for aiding, abetting or conspiring with someone to sell or purchase drugs. You don't have to actually move the drugs or make the sale.


• Cultivating or Manufacturing Drugs. Possession of the chemicals necessary to manufacture drugs, even if the actual drug is not found, can lead to a conviction.

The stakes are high if you are arrested on a drug charge. If convicted, you could be sentenced to serve time in the county jail or state prison. You can lose your property, pay a fine, lose your driver's license and/or be required to register as a narcotics offender. Depending on the crime, even first-time drug crime offenders may face mandatory minimum jail sentences.

For more information on LA criminal defense, visit our English website or Spanish version website for more information.

-LegalPro

96 people were arrested, including 75 students, during a drug ring investigation at San Diego State University. The drug investigation began over a year ago after the death of a girl from cocaine overdose, and during the investigation 130 drug buys were made. The SDSU President invited law enforcement into the situation and was fully aware of the goings on. Many of those involved in the drug offenses were students, including one who was only a few credits away from getting his masters.

The confiscated evidence includes "4 pounds of cocaine, 50 pounds of marijuana, 48 hydroponic marijuana plants, 350 ecstasy pills, psilocybin (mushrooms), 30 vials of hash oil, methamphetamine, various illicit prescription drugs, one shotgun, three semiautomatic pistols, three brass knuckles and $60,000 in cash."

The marijuana that was found was also grown by the students, not across the border in Mexico or in another location. That alone will bring heavy charges as growing marijuana is illegal. Many fraternities were also involved in this drug ring.

Drug offenses such as these will bring the following charges: Possession, Distribution, Intent to Distribute, Weapons Possession as well as many others. Beyond the fact that these people will lose all the cash involved, these charges may count as strikes per California's three strikes rules. Meaning that the student majoring in Criminal Justice who had 500 grams of cocaine and two pistols on him could have two strikes right there with drug possession with intent to distribute and weapons possession. The seriousness of these crimes could ruin the lives of those involved.

When companies do background checks, they look for criminal records, and these individuals will no doubt miss out on countless job opportunities and even some loans due to their actions in this regard.

When caught in these situations, the best thing to do is immediately contact an attorney who can help guide you through the process. Attorneys understand the law and how this process will work, and any of these individuals who don't contact an attorney will be subject to a myriad of questions and propositions by the police and courts.

The last few months have seen a huge rise in the attention put on gang violence in Los Angeles. Racial issues, weapons, drug offenses and more are all a part of what law enforcement faces when it comes to gangs. Police have begun focusing on how to deal with gang violence, and are cracking down even more than before on gang activity. They've also begun involving former gang members in their efforts to prevent minors from joining gangs and curbing gang activities in general.

A group called the Businessman, a precursor to the Crips and Bloods, have recently gotten together to try and inform current gang members and help the youth around Los Angeles to steer clear of the brutality that can happen to gang members.

The young African-American football player whose death caused an incredible amount of remorse and shock throughout Los Angeles was killed by an alleged gang member who had just gotten out of LA County jail 28 hours before the young man was murdered. Deaths such as these that involve gang activities bring a great deal of publicity to the circumstances surrounding the crime. This publicity brings both political and civic pressure on law enforcement to crack down harder on current and alleged criminals.

This increased emphasis will lead to increased prison sentences, harsher crackdowns and sentences for those involved with, or suspected to be involved with, gangs. For those indicted or suspected of gang activities, it's important to not only have an attorney who is aware of your civil rights, but who has experience dealing with weapons charges, murder, drug offenses and theft.

Another potential fallout from these crackdowns is a heightening of three strikes penalties, meaning that suspected gang activity, even in non-violent crimes, could count as a strike which will eventually lead to a life sentence if enough strikes are accrued.

A 27-year-old Utah woman has been charged with defrauding people of thousands of dollars in California, Utah and Oregon. She bilked her own mother-in-law out of thousands of dollars in unauthorized credit card charges and illegally obtained loans. She swindled a California man out of $14,343 through fraudulent wire transfers to a bank account. In Oregon, the woman used forged checks to steal $4,000 from a neighbor. The woman is charged with a series of felonies, including identity fraud, communications fraud, theft and forgery.

Identity theft is the fastest growing crime in California, affecting 20,000 people every day. Identity theft occurs when someone uses another person's personal identification information, without authority, to falsely pose as that person to commit fraud and gain access to the other person's finances. Selling or transferring someone's personal information to another person to obtain money or goods is also considered identity theft.

Identity theft charges can include:

• Internet identity theft: Making internet purchases with another person's credit card.


• Credit card theft: Applying for a credit card using someone else's identification or making purchases with another person's card.


• Bank identity theft: Applying for a loan, mortgage or bank account using some else's identification.


• Counterfeit: Altering or making a counterfeit credit card, driver's license or official record.


• Forgery: Forging another person's signature on documents.


• Publishing account numbers.

To protect yourself from identity theft, safeguard your Social Security number, date of birth, mother's maiden name, driver's license number, account numbers, passwords and other personal information. Shred credit card statements and offers, bank statements, cancelled checks, loan information and other sensitive documents before putting them in the trash. Do not give out identifying information to unknown people who contact you via the phone or internet. If you believe that you might be the victim of identity theft, contact an attorney immediately. Credit recovery can take more than 500 hours and a year of effort.

- LegalPro

Generally it's the celebrities who are filing suit against the paparazzi. Last week paparazzi Glen Gurniak turned the tables when he filed a hit and run suit against rocker Benji Madden and passenger Paris Hilton for allegedly driving over his foot before speeding away.

Paparazzi are often berated and sometimes sued by celebrities for invading their privacy or using overly aggressive tactics to take photos and videos. When dozens of paparazzi follow a star, all angling for a saleable photo, things can and often do get crazy. As many as 30 paparazzi regularly follow Miley Cyrus' every move jostling to get a picture they can sell to People, Us or one of the many fanzines. Some celebrities are able to take the constant attention in stride. Others feel violated and badgered by what they perceive to be an unrelenting attack. Some celebrities are so spooked by paparazzi attention, they panic when approached.

There have been cases of criminal trespass, assault, stalking and battery; though to be fair, assault and battery have occurred on both sides of the camera lens. On numerous occasions celebrities have pushed or slugged paparazzi they felt were too aggressive. Sometimes the attacks seem warranted; other times they don't.

California enacted the anti-paparazzi law in 1999 to protect celebrities against invasion of their privacy. In 2005, the Anti-Paparazzi Act was passed to beef up punishments and damage awards to celebrities and to strip paparazzi of their right to profit from images taken during illegal intrusions.

California also has strict laws about hit and run accidents. It is illegal to leave the scene of an accident without providing proper driver documentation to the injured party. This is true no matter how small or large the extent of damage. It is true when property is damaged and absolutely necessary when a person is injured. Failing to do so can be charged as either a misdemeanor or a felony, depending on the seriousness of the accident.

It's easy to see both sides of this particular altercation. It will be interesting to see how it plays out in the courts, if it gets that far.

- LegalPro