Los Angeles Criminal Defense Lawyer Blog

On a recent Tonight Show, irreverent comedian Wanda Sikes likened going through airport security to being thrown in jail: "Empty your pockets; take off your shoes; arms straight out at your sides" for the pat down. What makes security guards single out one individual over another for special attention? Experts warn, "Don't let you see them sweat."

In a two-year-old federal program, airport security screeners across the country are being trained as behavior-detention officers. Similar to police profiling, the program is dubbed SPOT for Screening Passengers by Observation Techniques. The program is already in place in 80 U.S. airports.

Screeners scrutinize facial expressions, gestures and speech patterns watching for clues to hostile intent. "We observe any kinds of behaviors that are out of the ordinary, said screener Michelle Boldt at Port Columbus in Ohio. "Somebody who is a terrorist or somebody who is trying to get through with criminal activity is going to display many more behaviors, not even knowing about it."

People displaying unusual behaviors are pulled from checkpoint lines for questioning, pat-down searches, wanding and vigorous luggage inspections. The SPOT program is based on research of Paul Ekman, professor emeritus of psychology at the University of California at San Francisco. The creator of the Facial Action Coding System, Ekman developed "a catalog of every conceivable facial expression." He now works with the U.S. Transportation Security Administration (TSA) to implement SPOT.

Screeners watch for telltale signs of nervousness and hostility, including lip licking, preoccupation, compulsive blinking, vigorous movement of a man's Adam's apple, gaze direction, posture, clothing, who you talk to and who you don't talk to, agitation and sweat. Of course, these behaviors are common to your typical nervous flyer which can lead to errors. Even so, TSA credits SPOT with 700 airport arrests for everything from drug possession to illegal entry.

The obvious problem is that ordinary nervousness can be mistaken for suspicious behavior. Terrorist threats are illegal in California and carry significant penalties for those convicted. If you are accused of a terrorist threat, the normal checks and balances of the American justice system may not apply. To prevent unjust conviction, consult an experienced criminal defense attorney immediately if you are accused of terrorist activity by an airport screener.

-LegalPro

In our June 25 post we noted that the majority of identity thefts result from stolen wallets and purses, stolen mail or from information exchanged during a phone or male-order sale. Internet access accounts for only 14% of ID thefts, according to a recent study by financial consulting firm Javelin Strategy & Research of Pleasanton, CA. However, opportunities for identity theft are prolific on the internet and it pays to know how to protect yourself.

The following tips can lower your risk of being victimized by identity thieves, on the internet and off:

• Protect your Social Security number. Don't carry your card in your wallet. Don't record it in the date book, PDA or laptop computer you carry with you. If your health plan (with the exception of Medicare) still uses your SSN, ask for a new ID number so your SSN won't appear on your insurance card. If you have a choice, don't have your SSN printed on your driver's license.


• Don't give out your personal information unless you initiate the contact. Internet scammers "phish" for info by posing as your bank, credit card company, a store or the government. For example, "phishers" pretending to be the IRS sent out emails purporting to notify people of the amount of their upcoming economic stimulus check. Respondents were asked to provide personal information that could then be used to steal their identity. To verify the validity of an email, don't just click on links provided by the emailer. Phishers are adept at creating websites that mirror actual bank and government sites. Always verify the validity of a site by typing in the address originally provided by the bank or store. If in doubt, be suspicious.


• Shred or tear up papers that contain personal info before you throw them away.


• Protect personal information you store on your home computer. Use passwords with a minimum of 8 characters that include a combination of letters, numbers and symbols. Never use obvious passwords like your birthday, SSN or name of a family member.


• Use firewall, virus and spyware-protection software and update it regularly. To prevent spyware from installing on your computer, only download from sites you trust.


• Set your browser security setting to at least "medium." Don't download freeware or install software without clearly understanding what it is and what it will do. Never click links in pop-up windows or spam emails. Delete spam without opening it.

-LegalPro

Identity theft is a nightmare that can take months or even years to clear up. When thieves stole Gina Titus' wallet she wasn't prepared for the depth of the trouble it caused. "They used the checking account and credit cards before I could cancel them," the San Francisco PR account executive complained. "Then several months later I get a letter from a collection agency and found they had opened a checking account in my name. I had a Discover card I never opened." Then came the maternity bills for a woman who was using her identity.

"The extent of what they were able to do was astounding," Titus said. It took hours on the phone with creditors for Titus to clear her financial record and reclaim her life. We worry about thieves using online purchase information and credit card payment slips to steal our identity. We forget that an astonishing number of identity theft crimes happen just like they did to Gina Titus -- with the theft of a purse or wallet.

A survey by financial services consulting firm Javelin Strategy & Research of Pleasanton, CA reveals that one in three victims know how their information was stolen. In 75% of the cases, the theft was physical: a stolen wallet, stolen mail or via a mail order or phone sale. In many cases, the victim knew the thief. Only 14% of the identity theft cases involved in the study were the result of internet access.

"We are not saying (online access and data breaches) are not significant factors," Javelin president James Van Dyke told Contra Costa Times reporter Eve Mitchell. "But the point is that it has really been overblown. I think it is to the detriment of consumers to focus exclusively on these electronic methods of communication. Criminals don't have a (bias) toward technology. They will use any channel that works."

-LegalPro

In just the last two weeks, numerous celebrities and professional athletes have been charged with, or made news due to, DUI. For example:

Denver Nuggets all-star Carmelo Anthony pled guilty to DUI charges, which reduced the charge to driving while ability-impaired, which bring with it a lesser sentence. Anthony was ordered to pay a $1,000 fine, perform community service and serve one year of probation.

Tennessee Titans defensive end Jevon Kearse as arrested and charged with driving under the influence after a traffic stop near the Vanderbilt University campus.

Rapper Young Jeezy was arrested in Atlanta on DUIcharges on June 18th.

Singer Taylor Dane recently was sentenced to 24 months probation for her altercation with the law over DUI charges.

DUI charges are serious, they can lead to jail time, loss of license, probation, fines and more. Some states have even instituted serious "creative" sentences and penalties including mandatory installation of ignition devices and posting photos of those arrested on DUI charges in public places.

To properly handle DUImatters and get competent and experienced legal advice, contact the offices of Stephen G. Rodriguez and Associates.

Many Californians seem blase about the new cell-phone ban poised to go into effect next week on July 1. The threat of a $20 misdemeanor fine won't be enough to force some people to either ignore their cell phones or make an investment in hands-free Blue Tooth technology. But motorists who ignore the law could find themselves facing huge civil judgments and even prison if cell phone use is linked to a traffic fatality.

"If you cause a fatal accident, and you are running a stop sign, speeding or crossing a double line, any additional violation would add to the possibility a manslaughter charge could be filed," warned W. Scott Thorpe, chief executive of the California District Attorneys Association. "It all goes to state of mind and your recklessness."

If you've ever driven behind someone gabbing away on their cell phone, you're well aware of the traffic dangers caused by inattentive drivers. Anything you do while driving distracts you from what's happening on the road. We Americans do some crazy things behind the wheel: talking on the phone, texting, eating, sticking a CD in the radio, rooting around the backseat, putting on makeup, shaving, disciplining the kids, trying to retrieve the quarter you dropped at the toll booth, reading maps, programming the GPS, changing clothes -- you name it and we're doing it -- and all at 80 mph on the freeway! Any time you take you attention off the road or try to split your attention, your risk of causing an accident increases. Despite what we would like to believe, our brains just aren't that good at multi-tasking.

In Los Angeles County alone, dozens of sober but negligent drivers cause traffic fatalities each year. When their inattention to the road maims or kills someone they may face vehicular manslaughter charges. While a cell phone violation during a fatal car accident might not trigger a murder charge, arrest for vehicular manslaughter is likely, Thorpe said. If convicted of vehicular manslaughter you could be sentenced to up to one year in jail for each death. But penalties could be much steeper given California's tough legal climate.

"If somebody kills three kids in an intersection and they were on a cell phone at the time, I can see the driver being charged with a felony," said law professor Stanley Goldman of Loyola Law School-Los Angeles. He noted that studies show talking on a cell phone while driving is as dangerous as driving drunk. If you drive in California, be warned. You might want to turn of your cell phone when you get in your car.

-LegalPro

Paparazzi law in Los Angeles is an ever changing field, in part because of the differing situations that arise from time to time. For example, the news almost regularly reports instances of celebrities to attack the paparazzi after feeling attacked or for some other reason. However, as is the case with a paparazzo who was photographing Matthew McConaughey, this isn't always how things play out.

A photographer was trying to take photos of Matthew McConaughey when a mob of surfers attached the paparazzo, roughed him up and threw his camera into the ocean.

The paparazzi have come under fire lately, with celebrities taking drastic measures to protect their privacy. The paparazzi have faced:

Criminal charges from celebrities claiming they are under attack.

A sharp fallout after the various revelations from the death of Princess Diana, which the Courts blamed on the paparazzi chasing after her.

Stalking charges brought on from the various tactics used to get photographs.

These criminal charges, coupled with the various civil charges brought by celebs, have made the landscape for paparazzi far different than it was even five years ago. The aggressive behavior of some actors such as Hugh Grant and others, have made the job slightly more dangerous and legally challenging for LA's paparazzi.

For many teens it starts out as a lark. See if you can sneak a new CD, pack of baseball cards or t-shirt out of the store. Maybe your friend dares you. Maybe you just see something you want but don't have the cash in your pocket. Maybe the thrill of getting away with something illegal appeals to you. Maybe you figure corporate America can afford it. Whatever their reason for shoplifting, the thrill usually ends with a panic-producing hand on the shoulder, the snap of cufflinks around your wrists and an embarrassing ride to the police station.

Contrary to what many people think, shoplifting isn't a poor man's crime. Hollywood celebrities and upstanding citizens have been caught shoplifting. Most shoplifters can easily afford to pay for what they steal. They're not usually stealing to feed or clothe their children; they're stealing for the thrill. The thrill stops when they are arrested for petty theft. Shoplifting is a serious crime with penalties and consequences. If you take something from a store without paying for it, it's shoplifting. Even if you don't walk out the door with the item, if you even tried to take something from a store, it's still shoplifting. You can be arrested for the intent to shoplift, even if you're not successful. If you switch labels on merchandise to get a better price, that's also shoplifting. So is eating food you haven't paid for and concealing the wrappers or walking out of a restaurant without paying the bill. All are considered petty theft.

Shoplifting costs American businesses millions of dollars each year. They're not kidding when they post warning signs in dressing rooms. "Loss protection" efforts include undercover shoppers, security cameras, electronic sensors and alert clerks and stockers all on the lookout for potential theft. Stores do prosecute shoplifters -- even first-timers and teens. A first-time offense is usually charged as a misdemeanor, resulting in a one-year probation, a small fine and a criminal record, though county jail time is possible. Many employers won't risk hiring someone who has already been prosecuted for theft. In some cases, a first offense can be reduced to an infraction thus eliminating any criminal record.

If the shoplifted article is valued over $400, or if you are a repeat offender, you can be charged with a felony. Conviction entails higher fines and possible time in a state prison. Click here for more information about California laws on shoplifting and petty theft.

Two teenagers in Orange County have been charged with breaking into their school and hacking into computers in order to alter their grades. They're accused of computer fraud, burglary, conspiracy and other charges, all of which could add up to 38 years in prison.

Allegedly, the two teens broke into their school using a stolen master key, hacked into computers using the stolen passwords of their teachers and changed their grades from D's and F's to A's and B's. They also allegedly downloaded spyware on the computers so that they could network into the computers from home. They also allegedly changed the grades of 12 other students.

All of these crimes are serious, especially because the grades are considered public record, stealing the passwords of teachers is identity theft and the crimes happened on a school, which is public property. While these charges are likely first-time offenses, the severity is pretty high. Burglary, fraud, identity theft, and Internet crimes all carry fines, jail time and other penalties, and that coupled with altering information on state owned computers will dramatically affect these two young men. These are all major felonies.

There is a link between domestic violence and animal abuse cases say legal experts. In southern Ohio, Butler County Prosecutor Robin Piper has formed a new unit that places felony domestic violence cases and animal cruelty cases under the same assistant prosecutor. Like many prosecutors nationwide, Piper has found a distinct link between domestic violence and cruelty to animals. Both crimes involve violence against those less able to protect themselves, Piper told reporters in announcing the new unit.

Medical experts have long recognized animal cruelty as an indicator of potential future violent behavior. Psychological studies have proven that individuals who willingly harm animals are more likely to inflict harm on humans. Many people charged with domestic violence, spousal abuse, aggravated assault, rape, child abuse and murder have abused animals, often from the time they were children. Animal torture and abuse is a known warning sign of certain psychopathologies, including anti-social personality disorder.

According to an article in the New York Times, "the FBI has found that a history of cruelty to animals is one of the traits that regularly appears in its computer records of serial rapists and murderers, and the standard diagnostic and treatment manual for psychiatric and emotional disorders lists cruelty to animals as a diagnostic criterion for conduct disorders. A survey of psychiatric patients who had repeatedly tortured dogs and cats found all of them had high levels of aggression toward people as well, including one patient who had murdered a young boy."

In California, designated prosecutors work with special Domestic Violence Units to aggressively prosecute anyone charged with domestic violence. Domestic violence can include threats, intimidation, annoying phone calls, stalking, physical assault or abuse, sexual abuse, verbal abuse, financial abuse, social abuse and child abuse.

-LegalPro

The newly appointed Orange County Sheriff will review the weapon permits given out by her disgraced predecessor, and will likely revoke many of those permits. Gun owners who can't prove a legal need to carry the firearm they received the permit for will likely have their license revoked.

The former sheriff doled out over 1,100 active carry permits, almost three times as many as LA County Sheriff Lee Baca. A concealed-weapon permit is particularly alarming because it means that the holder can carry that weapon almost anywhere and it'll never be known. If this individual chooses to use it in an inappropriate setting, or if the weapon is taken off the person, the circumstances could become complex and dangerous in a hurry.

Weapons permits are often something brought up by NRA advocates who believe in the free use of and possession of firearms. Police and other law enforcement officials are often highly interested in weapons permits because part of their job is to keep the peace, and the less weapons there are, particularly firearms, floating around the crowd, the easier it is to keep the peace.

There have been instances where professional athletes and celebrities have been caught at airports with firearms, batons and other weapons and either don't have a license or are carrying them on the plain (which is not legal). Snoop Dog, Law & Order star Dennis Farina and even former Dallas Cowboys head coach Barry Switzer all had run ins with the law over concealed weapons.

Here are some tips on how to handle charges and prevent charges in the first place:

• Get your weapon registered. It's a challenging process, but it'll make your life easier should the weapon be stolen or used improperly.


• Research the weapon and make sure it hasn't been used in any crimes. This may seem strange, but better safe than sorry. Trusting the sales person may not be the best way to go.


• Don't leave your weapon loaded. Even if it's in the home for protection, leaving the weapon loaded is a bad idea.


• Review your permit/license if you have one. Make sure you know what you are legal allowed to do under the terms of the permit.

A criminal record haunts you for the rest of your life. It can affect your ability to get a job, take out a car loan, obtain a home mortgage, rent an apartment, vote, obtain a professional license, run for political office and even get a credit card. A criminal record is public. Everyone from your employer to your kid's teacher to the nosy neighbor down the street can access your criminal record. In many cases your criminal record can be expunged. With the exception of law enforcement officials, expungement ensures that no one will know about your arrest or conviction.

In many instances, a qualified criminal defense attorney can petition to expunge your criminal record of eligible felony and misdemeanor charges. After your record is successfully expunged, these charges are wiped clean from the slate as if they never occurred. In the eyes of the law, your criminal record is erased. If you fill out a form that asks: Have you ever been convicted of a crime? Expungement allows you to truthfully answer: No.

Not all criminal convictions are eligible for expungement under California law. Most misdemeanors and some felonies qualify for expungement. In California, felony convictions can be expunged if the defendant did not serve a state prison sentence and did successfully complete the terms of probation with the exception of most traffic and sex-related crimes. While other conditions may also apply to an individual's case, the following general conditions must be met before a petition to expunge can be filed by your attorney:

• Probation must have been successfully completed or, if no probation was granted, one year must have passed since the judgment date.


• All court orders must have been obeyed.


• The defendant must be free of all subsequent offenses.


• The defendant must be living an honest and upright life.

-LegalPro

Marcus Vick, professional athlete and brother to former Falcons quarterback Michael Vick, was arrested and charged with drunken driving (DUI) and resisting in arrest. Vick was pulled over after an altercation with a female companion and then attempted to drive off, but he was later caught up with and after failing sobriety tests was charged with a DUI, resisting arrest and driving on a suspended license.

Having a blood alcohol level of .08% or higher while operating an automobile constitutes a DUI charge. Failing a field sobriety test can also lead to a DUI charge. DUI charges can and will bring stiff penalties, including: loss of license; fines; mandatory rehab/AA meetings and/or treatment; jail time, and; points on your license.

Considering Marcus Vick's poor choices, here are some tips on how to either avoid a DUI charge, or avoid incurring further charges:

1. Cooperate with police. While you do have the right to remain silent, you don't have the right to speed away and try to resist arrest.


2. Don't publicize your problems. Vick was first seen arguing with a female companion before he got into his car. This only led to further problems and led to the woman being arrested as well for public intoxication.


3. Know the law. Vick was driving without a license, which means an already suspended license could be suspended even longer.

Jurors weren't 100% sure that the man in the child pornography video was R&B superstar R. Kelly. Kelly was acquitted of child pornography charges today in a case that dragged slowly through the court system, repeatedly snaring headlines. Kelly and his alleged under-aged partner both steadfastly denied that they were the people depicted in the explicit pornographic video. In the end it came down to a mole on the back. The man in the video had one and Kelly didn't. In the minds of the jury, prosecutors did not remove reasonable doubt.

Child pornography is a heinous sex crime and punishment should be severe. But whether you believe the jury was correct in acquitting R. Kelly or not, in America everyone has a right to a fair trial and the burden of proof is on the prosecution. The hallmark of American justice is that you are innocent until proven guilty.

While many are justly accused of sex crimes, there are many who are unjustly accused. New DNA evidence has exonerated hundreds of people who have been imprisoned for rapes and other sex crimes they did not commit. Accusation of a sex crime can be almost as devastating as conviction. Those accused can lose their jobs, social standing and reputations even if later exonerated.

If you are accused of a sex crime, time is of the essence. The faster you consult a skilled criminal defense attorney with an expertise in handling sex crime cases, the sooner you will be protected. In California, sex crimes are vigorously pursued and prosecuted. Many District Attorney offices have special Sex Crimes Units dedicated to the aggressive prosecution of sex crimes. While most sex crimes are prosecuted as felonies in California, lesser offenses can be charged as misdemeanors. The decision to charge a crime as a misdemeanor or felony rests with the prosecutor. In certain cases, a knowledgeable criminal defense attorney, when contacted early enough, may be able to minimize sex offense charges.

-LegalPro

Hon. Alex Kozinski, the 9th Circuit Court Chief Judge, has recently found himself in some serious trouble. He posted some sexual content on the Internet, photos and videos, which were discovered by the prosecuting attorney. The case was an obscenity trial in Los Angeles federal court and seeing as how the judge had many images and some videos of "obscene" materials, the attorneys felt the judge should remove himself.

The trial Kozinski was presiding over involved Ira Isaacs who was being prosecuted for the extreme sexual content he distributed that is considered criminally obscene, as it depicts fetish videos depicting bestiality and defecation. In a trial such as this, prosecutors would want to be sure there was no grounds for an appeal.

Many individuals came to the judge's defense, however most said it was not wise for the judge to have posted this material on a website. Judge Kozinski defended himself by stating that he wasn't aware the material could be viewed by the public, he thought it was a private site. This may or may not matter as the prosecutors and defense of the case could contend any decision made by the judge, stating that he is biased in the case.

Judge Kozinski was appointed by Ronald Reagan to the federal court in 1985 and has presided over a number of serious matters.

In 2006, according to a report by the California Department of Social Services, 140 children died in the state as a result of abuse or neglect. In fact, there were over 450,000 reported cases of abuse in California that year. In 2005, 3.3 million cases of abuse were reported to Child Protective Services throughout the United States. Child abuse is a serious issue, and the laws have serious consequences. In fact, the recent polygamy case in Texas involved some suspected instances of child abuse and all the children of that community were taken away from their parents by the attorney handling the case.

According to state law, the following count as child abuse in a court of law:

Severe child abuse can result in a felony charge and conviction, and can carry prison time, fines, classes and rehabilitation to deal with the abuser's anger and more. In many cases, the abuser, if a parent or guardian, can have that child taken away from them for a period of time, or permanently.

The nation's biggest internet providers have agreed to fight online child pornography by shutting down websites and limiting access to internet bulletin boards. The agreement follows an 8-month investigation of internet pornography by the New York attorney general. Time Warner Cable, Verizon Communications and Sprint Nextel made the joint announcement yesterday. They agreed to develop systems to respond to online child-pornography complaints in addition to donating a total of $1.1 million to fight online child porn and remove it from the internet.

In the course of the investigation, New York AG Andrew Cuomo and investigators found 88 online newsgroups containing more than 11,000 "sexually lewd photos featuring prepubescent children." Last year, Cuomo's investigation of Facebook let the social-networking site to overhaul its safety features to better protect children. New York's ongoing investigation seeks to shut down internet child porn providers.

Child pornography and other internet crimes are considered by law enforcement officers to be the greatest law enforcement challenge of the 21st century. California and Los Angeles cyber crime units coordinate with local, state and federal law enforcement agencies to aggressively prosecute internet pornography, computer crimes against children, internet sex crimes, identity theft and internet fraud. Seventy-eight percent of all internet crimes originate in the U.S. and 10% of those are committed in California. Under the California penal code conviction of internet crime can lead to state or federal prison; fines; restitution; loss of licenses, security clearances and employment; prosecution as a sex offender and other serious consequences.

-LegalPro

The State of California, as well as the City of Los Angeles, have a number of laws in place governing everything from DUI standards to weapons charges. However, there's a major problem that arises from time to time that ruins not only the system, but the public's trust in that system. That problem is police corruption.

Law enforcement officials throughout California have been uncovered committing a myriad of crimes:

In Blue Lake, a chief was accused of sexually abusing/raping his wife, of having a cache of weapons that included James Bond-like pistols which could arm a small platoon.

An assistant Sheriff in Orange County was charged with "six felony charges, including perjury and misappropriating public funds for personal use, that were added by a grand jury last week to a previous list of criminal allegations."

A member of the LAPD pleaded guilty in May to leading a robbery ring which also framed gang members for their crimes.

Actions such as these point to obvious flaws in the legal system, because the crimes often have to be fairly outrageous in order to bring about a conviction of these officers. Theft, sexual offenses and other felonies have been found in each of these instances.

The co-founder of Broadcom, one of Southern California's largest technology firms, has been indicted for using and distributing illegal drugs in his home. Henry Nicholas and Broadcom's former CFO William Ruehle were also indicted in an alleged stock option back-dating scheme. Nicholas surrendered to federal law enforcement officers late last week.

Personal use of illegal drugs is a crime, as is providing them to others. Penalties can be stiff, but California does offer alternative sentencing for non-violent drug crime offenders. Depending on the situation, if you are charged with a drug crime, you may be eligible for one of three alternative sentencing options:

• Proposition 36: First and second time non-violent offenders charged with simple drug possession can receive substance abuse treatment in lieu of jail time. One year of limited inpatient treatment, outpatient treatment, halfway house, narcotic replacement therapy and/or education classes with an additional six months of aftercare can be required.


• DEJ: Deferred Entry of Judgment, also known as Diversion, requires the defendant to plead guilty but instead of a conviction, the case is placed on hold for 18 months. During that time the defendant must take a 6-month drug education class and avoid arrest or conviction. If the defendant accomplishes this, the case is dismissed and no charge is recorded.


• Drug Court: A phased program of court-ordered supervision and treatment that allows the defendant increasing freedom with the successful completion of each phase. Upon completion of the program, the case is dismissed and no charge is recorded.

-LegalPro

This week California Attorney General Edmund Brown announced a plan to curb prescription drug abuse. Prescription drugs are the most abused drugs in America, particularly among teens, young adults, women and seniors. Brown's plan would make patients' prescription drug histories available to doctors and pharmacies on an internet data base. The data base would be constantly updated to provide medical personnel with real-time drug histories to prevent drug abusers from obtaining multiple prescriptions from different doctors.

"Every year, thousands of doctors try to check their patients' prescription drug use history but the state's database is difficult to access," Brown said in a press release. "If California puts this information online, with real-time access, it will give doctors and pharmacies the technology they need to fight prescription drug abuse which is burdening our healthcare system."

Every year, nonmedical use of prescription and other pharmaceutical drugs results in more than half a million emergency room visits. Multiple drugs are involved in 55% of these ER visits. Prescription drug abuse among teens is a growing national problem. Pharming parties in which teens raid family medicine cabinets for prescription pills, dump them into a bowl and pass them around like candy are growing in popularity among high school and college students. Not only is abusing prescription drugs a significant health risk, it is a serious crime in California.

In California, drug crimes include possession of drugs for personal use or sale; trafficking which is the transporting, buying or selling of drugs; distributing drugs or conspiracy to perform any of these acts. Most drug crimes are charged as felonies and can result in a county jail or state prison sentence, fines, loss of driver's license and confiscation of property. You may be required to register as a narcotics offender. Mandatory minimum sentences may apply even for first-time offenders; and California's Three Strikes Law can increase the length of your sentence. However, in California non-violent drug offenders may be eligible for less onerous sentencing alternatives. If you are charged with a drug offense, consult a skilled drug defense attorney may be able to help you avoid jail through an alternative sentencing program.

-LegalPro

The oldest parental kidnapping case in the country was finally resolved a year ago. In 1993, Mary Jane Byrd fled with her 4-year-old daughter shortly after a Washington D.C. judge ordered that the girl's father be allowed visitation rights. The father, Charles Dodd, was subsequently awarded full custody of his daughter, but it took U.S. Marshalls 13 years to track her down. In 2006 they found Mary Byrd and her daughter living at the house of Byrd's mother in Delaware. Charged with parental kidnapping, Byrd faced up to a year in jail and a $5,000 fine if convicted. Pleading domestic violence and fear of abuse as her reasons for disappearing with her daughter, charges denied by Dodd, Byrd was acquitted by a jury just one year ago.

Every year more than 200,000 children are taken by a family member, usually a parent without legal custody. Like Jane Byrd and her daughter, they often live under an assumed identity, moving from hotel to hotel or relative to relative. They live in constant fear of discovery. Parents may be too afraid to allow their children to go to school. The children usually live an insular life, having little or no opportunity for social contact with other children. Many parents like Jane Byrd flee what they feel is an intolerable and abusive situation, but just as often children are ripped from secure homes and another loving parent. These children are victims, pawns in a bitter struggle between their parents.

Parental kidnapping is a serious charge that can be charged as either a misdemeanor or felony depending on the circumstances of the case. Any person who does not have the right of custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from the person having legal custody can be charged with parental kidnapping. If convicted, you can spend time in jail or even state prison. Many defenses are possible, and you should consult an attorney experienced in parental kidnapping defense if you are charged.

-LegalPro

Former UC Berkeley star and current Buffalo Bills running back Marshawn Lynch was involved in a hit-and-run early Saturday morning, May 31st. A vehicle registered to Lynch struck a woman at 3:30 am in Buffalo, NY, however it is unclear whether or not Lynch was driving the automobile.

According to California law, the driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Leaving the scene of the accident is known as a hit-and-run, and while there are varying degrees (side swiping a car is obviously not as serious as hitting someone) drivers must stop and at least exchange insurance information should there be an accident.

Serious hit-and-run violations including jail time of up to four years, fines up to $10,000 and loss and/or suspension of license. The punishment can increase dramatically if the hit-and-run violation involved a driving under the influence (DUI) charge, that will add points on ones license, increased fines and other penalties.

Some hit-and-run violations involve paparazzi laws as well, with celebrities such as Britney Spears, Paris Hilton and others involved in accidents involving the celebrity media photographers. This law can be slightly more complex, however all hit-and-run violations are to be taken seriously and an attorney should be contacted immediately.

It wasn't that long ago that our country looked the other way in matters of spousal abuse and domestic violence. Today, numerous laws have been enacted to protect the rights of wives and husbands from being abused by their spouses. Domestic violence is considered a unique crime in California that carries severe consequences for those accused and convicted.

Domestic violence includes physical violence, threatened violence and abuse that occur in relationships. When such violence occurs between married couples, it is called spousal abuse. However, domestic violence laws also apply to ex-spouses, cohabiting couples, people who have a child in common, even those in a current or former dating relationship.

Domestic violence cases receive special treatment under California law. Designated prosecutors direct Special Domestic Violence Units in the prosecutor's office to aggressively prosecute anyone charged with Domestic Violence. Even when there is no intent to harm, an action perceived as a violent or threatening act can be prosecuted as domestic violence. Some examples include: annoying phone calls, following the victim, name calling, swearing, pushing, hair pulling, criticizing sexual ability, refusing to pay bills, opening and reading the victim's mail, listening in on phone calls, etc. While these can represent serious threats to a person, it is also easy to see how such accusations can be abused in an acrimonious divorce, for instance. Even when unfairly made in the heat of anger, it can be extremely difficult to get domestic violence charges dropped when you cool off.

Domestic violence can be charged as a misdemeanor or upgraded to a felony. Jail, counseling, community service, physical labor, fines and other penalties may apply. Domestic violence is a serious charge that requires the services of a domestic violence defense attorney. For information in Spanish, visit our Spanish-version website at Abogados-Defensapenal.com.

-LegalPro

California has an odd drug culture, as the state government and the federal government have slightly different attitudes towards drug law and enforcement of the law. One major area of concern for both the state and the federal governments is the growing of Marijuana, since it poses not only a problem in terms of distribution, but when it is grown indoors it creates an unsafe living environment.

In order to grow pot indoors, the grower needs to create a certain type of environment in the room, including lights, moisture and other factors. Recently, a major fire was caused in a "grow house" (home where pot is grown), due to the grower's need for watering plants, having lights and so forth. In Humboldt County alone, one in every 7.5 houses is a grow house, which leads to increased crime, decreased home prices and a down turn in the community in general.

Drug charges in California can be stiff, even if medical Marijuana isn't illegal. In the last twenty years, there has been a twenty-five fold increase in drug convictions in the state of California. Different cities and counties regulate drug offense differently, some punish first-time offenders in a harsh manner, hoping to turn them away; others look to punish repeat offenders as much as possible. This means that getting arrested in different counties can increase your legal struggles.

In handling drug charges, the following are positive steps one can take in dealing with potential or current charges:

• Find an attorney ASAP. The longer one waits to hire a competent and experienced attorney, the more difficult it will be to avoid incarceration.


• Realize that most lower level offenses are misdemeanors and most higher level offenses are felonies and might even count under California's three strikes rules.


• If you are growing Marijuana under Prop 215, or any other law, make sure you obtain a state license and don't exceed the limits set by the state.