Los Angeles Criminal Defense Lawyer Blog

California is a hot spot for car thieves. In number of vehicle thefts, California was No. 1 in a report just released by the National Insurance Crime Bureau. Of the top five cities for auto theft, four are in California. Las Vegas (#2 on the NICB list) was the only non-California city to make the top five.

With 5,358 car thefts reported in 2007, Modesto took top honors. San Diego was ranked third, followed by Stockton and San Francisco. Rounding out the top ten were:

6. Laredo, Texas
7. Albuquerque, New Mexico
8. Phoenix, Arizona
9. Yakima, Washington
10. Tucson, Arizona

"One huge factor is that there are more vehicles in California than any other state, making it a target-rich environment to begin with," said NICB spokesman Frank Scafidi. Proximity to seaports and international borders which facilitate the transportation of stolen vehicles increases the risk factor, the report noted.

Interestingly, car thieves generally prefer older cars to new cars. There's a huge demand for black market auto parts in foreign countries. According to the NICB report, the 1995 Honda Civic remains the most stolen car in America. Other top 10 auto thief favorites were:

1991 Honda Accord
1989 Toyota Camry
1997 Ford F-150
1994 Chevrolet C/K 1500
1994 Acura Integra
2004 Dodge Ram pickup
1994 Nissan Sentra
1988 Toyota Pickup
2007 Toyota Corolla

Stealing a vehicle is called Grand Theft Auto and is a serious crime in California. A charge of grand theft auto requires that the vehicle be valued at more than $400. Depending on the circumstances and prior record, the theft can be charged as either a felony or misdemeanor. Misdemeanor sentences can result in up to one year in county jail and three years of probation with fines, restitution and community service. If charged as a felony, sentences can range from 16 months to 3 years in state prison. If there are multiple offenses, sentences increase under California's Three Strikes Law. An experienced grand theft auto attorney can protect your rights.

-LegalPro

Hate crimes in the Los Angeles area increased by 28% from 2006 to 2007, according to a recently released report by the Los Angeles County Commission on Human Relations. In 2007, 763 hate crimes were reported, a five-year high. Blacks were the most-targeted group, subjected to 39% (310) of hate crimes; followed by gays and lesbians (102 crimes), then Jews (78), Mexicans (71), Latinos (50), whites (31) and Asian/Pacific Islanders (18). Hate crimes against Moslems dropped from 11 in 2006 to 3 in 2007.

Violence between blacks and Latinos appears to be at the heart of the hate crime increase. Latinos were police suspects in 71% of the crimes against blacks. Blacks were suspects in 56% of the crimes against Latinos. Assault and vandalism were the most reported crimes. Hate crimes based on sexual orientation most often led to Latino suspects, while whites were most often suspected in religion-based crimes.

In California, a hate crime is defined as "bias, hatred or prejudice based on the victim's real or perceived race/ethnicity, religion, ancestry, national origin, disability, gender or sexual orientation," according to the commission's report. Hate crimes increased despite a 6% drop in overall crime in Los Angeles County.

Hate crimes are illegal in California. Even when a crime is not committed, the treat of violence can be a crime. Criminal threat is the threat to hurt, injure or kill with the intent of intimidating or frightening another person. The law protects people not only from hate crimes but from criminal threat.

Sometimes, however, the circumstances surrounding a hate crime or criminal threat incident are murky. Disagreements between people can get out of hand. Hot tempers can lead to angry words and sometimes escalate to physical violence against a person or property. It can be difficult to determine who started things and who is at fault. And some unfortunate people are just in the wrong place at the wrong time. If you are charged with a hate crime or criminal threat, seek immediate counsel from an experienced criminal defense attorney.

For information in Spanish, visit our Spanish language website.

-LegalPro

San Francisco has some legislation and policies under it's current mayor, Gavin Newsom, which shields illegal immigrants from federal immigration authorities, thus making San Francisco a "sanctuary city" in a sense. However, many pundits have accused the city and Mayor Newsom of creating a sanctuary city for criminals, as a number of violent and drug crimes have occurred at the hands of individuals who are in the United States without being citizens.

For example, in a recent case, a 21-year-old undocumented Salvadoran immigrant pleaded not guilty to murdering a San Francisco man's brother-in-law and two nephews in a case that has galvanized sentiment nationwide against this "sanctuary city" and its ambitious mayor.

Because of the city's sanctuary policy -- enacted in 1989 -- local agencies do not consider immigration status when dealing with young offenders and therefore did not check whether Ramos was in the country legally.

The alleged murderer was also arrested March 30 on a weapons violation, along with an alleged gang member riding in his car. After he spent several days in jail, authorities decided to file charges against the other man but not him, and Ramos was released, said Eileen Hirst, a sheriff's spokeswoman.

Deportation proceedings against Ramos could have been initiated but were not because of an apparent mix-up between the federal Immigration, Customs and Enforcement Agency and the San Francisco Sheriff's Department, which runs the jail.

Hirst said jail officials notified ICE two times that they had Ramos in custody but were told there was no government detainer against Ramos.

This has become a developing situation, because the mayor of San Francisco is interested in running for California governor.

The same week that Newsom announced he was exploring a run for governor, he overturned the part of the policy that shielded convicted juvenile drug offenders who were illegal immigrants from federal authorities.

Instead of handing them over for deportation, city officials for years would escort the young offenders back to their home countries or place them in unsecured halfway houses. This summer, several escaped from facilities in San Bernardino County and other regions.

On Tuesday, Newsom ordered "a top-to-bottom review" of the sanctuary policy, to ensure that "in every case we are complying with applicable federal and state law," said Nathan Ballard, a spokesman for the mayor.

One day later, however, ICE Assistant Secretary Julie Myers wrote to Newsom demanding greater access to San Francisco jails. She requested the kind of cooperation her agency has with the Los Angeles County Sheriff's Department, which works with ICE to screen for undocumented inmates in its jails.

Criminal activity involving non-citizens has been an issue throughout California for decades. As some cities have attempted to adjust their policies to be more compassionate, not all have adjusted those policies properly when it came to violent crime or drug trafficking. Many individuals found guilty of these crimes would be deported in other states, however in California this is often not the case and many individuals are upset over the matter.

In 2006, 197,248 California drivers were arrested for DUI. According to the California Department of Motor Vehicles, 75% were convicted. Driving drunk can leave you with a headache unrelated to your alcohol consumption. Driving under the influence (DUI) and driving while intoxicated (DWI) defendants face a complex and confusing maze of legal issues that are more successfully navigated with the help of an experienced DUI defense attorney. In California , DUI and DWI charges actually result in two separate cases:

• a DMV (Department of Motor Vehicles) case


• a criminal case

The DMV may restrict or revoke your driver's license. DMV hearings are more informal than court hearings but are highly technical and not easily won without experienced legal help. According to recent DMV statistics, 34% of all people whose licenses were suspended at the time of their arrest could have kept their licenses until their "day in court" by simply requesting a hearing to fight the suspension. Not knowing the rules or not meeting paperwork deadlines can cost you your driver's license. The criminal court can impose fines, alcohol education classes, community service, jail time, impound your vehicle and/or force you to install an ignition interlock device on your car that won't let you start it if you've been drinking. In California , drunk driving penalties are set forth by statute and can be extremely complicated. A range of sentences is allowed and certain circumstances can result in heavier or lighter penalties. An experienced DUI defense attorney can see that your case is presented in the most favorable light and protect you from procedural and evidence errors. If you are charged with DUI or DWI, an experienced DUI defense attorney may be able to get your charged reduced from a felony to a misdemeanor or even get your case dismissed.

-LegalPro

Leland Wong, once known as a power broker in City Hall, is under investigation for bribery and his defense attorney is claiming that there is a steamroller of an investigation pitted against him.

Prosecutors are alleging that Wong accepted bribes of up to $100,000 by a Taiwanese company looking to make some headway in a lease negotiation. Wong's attorney is claiming that there is merely an "illusion of evidence" and that the prosecution is distorting Wong's relationship with the company.

Wong has been tied together with a "witch-hunt" that seeks to take down people who were part of former Mayor James K. Hahn's administration.

White collar crimes such as bribery, and related crimes such as extortion and embezzlement are taken very seriously in Los Angeles. These crimes are taken especially seriously if they are tied to any sort of local or state government, government entity or political organization. Bribery, fraud, embezzlement and extortion are also great fodder for the media, because it makes a great headline if a school principal is arrested for stealing money from a school (even if the principal has been wrongly accused).

Crimes such as embezzlement can be treated as either a misdemeanor or a felony, depending upon the severity of the crime and the skill of the defense attorney handling the matter. First offenses may bring fines, but continued offenses will almost definitely bring jail time and other serious consequences. Depending upon the dollar amount involved in the crime, a Grand Theft charge may even come into play, which carries serious jail time and more.

A skilled attorney will assist you in navigating the tricky waters in a case like the one mentioned, whether it's discussing a trial or a settlement. Embezzlement is a serious crime, as is bribery, and it's necessary to invest in a skilled defense attorney to handle such matters.

With a blood-alcohol level of 0.491%, Stanley Kobierowski should have been dead, not behind the wheel of a car. But that's where Rhode Island state troopers found him yesterday after he drove into a highway message board on I-95 in Providence. Kobierowski, 34, earns the ignominious honor of having the highest blood-alcohol level ever recorded in Rhode Island for someone who wasn't dead.

In California, a blood-alcohol level of 0.08 is considered driving drunk. A level of 0.4 is comatose and 0.5 is fatal. Death from alcohol poisoning is just one of the risks of drinking too much. Get behind the wheel of a car and your risk of killing yourself or an innocent bystander increases dramatically.

Every year, an estimated 1.5 million U.S. drivers are charged with driving under the influence (DUI) or driving while intoxicated (DWI). In 2006, 13,470 people died in crashes involving an alcohol-impaired driver who had a blood-alcohol level of 0.08% or higher. Fully 32% of the total traffic fatalities in 2006 involved a driver charged with DUI or DWI. Alcohol-related motor vehicle crashes where the driver had a blood-alcohol level of at least 0.01% killed another 16,005 people in 2006. Seventeen percent of the children age 14 and younger who died in motor vehicle crashes in 2006 were killed by an alcohol-impaired driver. Half of those children were riding in vehicles driven by an adult, often a parent or relative, with a blood-alcohol level of 0.08 or higher.

Alcohol and driving don't mix. Being charged with DUI or DWI is a serious crime. If convicted of DUI or DWI, you can face heavy fines and penalties, loss of driving privileges and even be sentenced to serve jail time. If you are driving drunk and cause an accident in which someone dies, you can be charged with vehicular manslaughter. Vehicular manslaughter is an extremely serious criminal matter in California that requires the immediate professional assistance of an experienced vehicular manslaughter defense attorney. Penalties can be dire.

-LegalPro

In law, an appeal is a process for requesting a formal change to an official decision. The appeals process in California, as well as other states, can be long and arduous. Appealing a decision usually depends upon incredibly technical matters of the law, or some perceived mistake made by an attorney, the jury or the judge. Appeals often involve highly contentious matters, as was the case recently in a matter involving an 8th grade student who was strip searched at her school.

The student was thought to be giving away prescription strength ibuprofen and in order to investigate the matter fully, a school administrator made her strip naked. At first, the school's decision was upheld, but it wasn't until the case was appealed that the Ninth Circuit Federal Court ruled that the girl's 4th Amendment rights (protecting her against unreasonable search and seizure) were violated.

Appealing a matter can take time, money and patience, especially if it's a criminal matter and the convicted individual is sitting in jail. An appeal must be filed within 60 days of a decision, if the convicted individuals isn't aware of this, it could be A court must look over the evidence of the previous trial to see if the appeal is genuine and legitimate, and then the process must be given the go-ahead. The appeal can be in regard to, among others:

• the length of the sentence;


• jury instructions, which may have confused the jurors; and


• evidence not being entered properly, or being contaminated.

Attorneys with experience and knowledge of the process can help the process go smoother, and sometimes quicker. Working with an experienced appellate lawyer will not only help you navigate the process efficiently, but it will also go a long way to having a successful appeal decision.

It took just 6 1/2 minutes to totally disassemble a 1988 Chevy pickup truck into a salable pile of parts. In a demonstration for law enforcement officers, six special agents from the National Insurance Crime Bureau demonstrated the speed with which a skilled team of thieves can break into a vehicle, harvest its parts and dispose of the body. Grand theft auto is a serious problem in Los Angeles and across the country. Nationwide, more than 1 million vehicles are stolen each year, many of them are older vehicles like the '88 Chevy used in NICB demonstration. "Ironically, it's not the luxury vehicles that are most commonly stolen," said NICB spokeswoman Vickie Neal. Parts for older vehicles are harder to find, making them a hot commodity these days, particularly overseas. It's the lucrative auto parts market that lures car thieves. According to NICB, 40% of stolen autos are never recovered. Most are probably stripped of their parts for sale on the black market then destroyed. A vehicle's parts may be worth twice as much as the vehicle itself. For example, the Chevy truck used in the NICB demo is worth about $2,100 on the used car market; but stripped down, its parts would sell for nearly $4,100 on the black market. To protect yourself from car thieves, park in well-lighted areas and consider installing these anti-theft devices on your vehicle, some of which are standard on newer models:

• Equip your vehicle with an audible alarm


• Use a "club" to lock the steering wheel


• Use a steering column collar to prevent hot-wiring


• Use valve stem tire locks that cause tires to go flat if they rotate before the lock is removed


• Install a kill switch that stops the flow of electricity or fuel to the engine until a hidden switch is activated


• Install a ignition or fuel disabler or fuse cutoff which short circuit the electrical or fuel systems so your car won't start


• Use smart keys or wireless ignition systems that prevent the car from starting without the correct key or signal


• Install a tracking device that allows police to find your car if it is stolen

If you are charged with Grand Theft Auto, you will need the services of a skilled criminal defense attorney.

-LegalPro

Prostitution is often said to be the "oldest profession." California approaches prostitution a bit differently than other states and the Federal government, as with other issues. In San Francisco for example, a measure will be on the city ballot in this year's election which will severely damage the city's ability to convict prostitution cases. In different parts of Los Angeles, prostitution is prosecuted and pursued differently by law enforcement.

Solicitation is charged as a misdemeanor, while pimping or pandering is a felony. Here are the various charges related to prostitution:

• Solicitation - the act of directing or asking someone to exchange money for sexual activity;


• Prostitution - The act of exchanging money for sexual activity is known as Prostitution;


• Pandering - The crime committed by a "pimp" includes solicitation of customers for prostitution services and recruitment of prostitutes for hire; and


• Loitering - means to linger without a lawful reason for the purpose of committing a crime or engaging in prostitution.

While a majority of cases include female prostitutes with male clients, or johns. There are many defenses for these charges, including a challenge to whether there was an agreement to engage in an act of prostitution.

If you're facing prostitution charges, contact an experienced attorney who will be able to give you a solid and experienced defense.

Often a person commits a crime in one state, then flees to another state or country where he is discovered and arrested. The process of returning the fugitive to the state or country where the crime was committed so he can stand trial is called extradition.

The 2006 arrest of Duane Dog Chapman, star of the A&E reality series Dog the Bounty Hunter, for extradition to Mexico is one of the more flamboyant examples of extradition. In late 2006 U.S. Marshalls arrested the bounty hunter and two others members of his team in relation to his 2003 capture and return to the U.S. of Max Factor cosmetics heir Andrew Luster who was wanted in the U.S. for drugging and raping numerous women. Thanks to Dog, Luster is in jail, serving a 124-year sentence for serial rape. Unfortunately for Dog, bounty hunting is illegal in Mexico. After more than a year of high profile legal wrangling, the charges were dropped in 2007 and extradition was cancelled.

California recognizes two kinds of extradition:

• When a fugitive is arrested in California but the crime occurred in another U.S. state, and


• When a fugitive is arrested in another state for a crime committed in California.

The individual may have fled the state in which the crime was committed to seek asylum in another state. Sometimes, however, an individual is arrested and does not know he is wanted for a crime in another state. In either instance, California laws protect wanted fugitives charged with extradition. Before extradition can take place, a number of legal proceedings occur to protect the rights of the accused and ensure that extradition is valid. These proceedings take time and the accused is usually jailed during that time.

With the help of a skilled extradition attorney, you can fight extradition. Not only can you fight the extradition, but you can challenge the original charges. Defense of an extradition case generally focuses on:

• validity of the documents filed by the prosecutor, and/or


• proof of identity procedures.

A criminal defense attorney may also negotiate with the wanting state (the state that issued the extradition order) to resolve the case prior to extradition.

You can't fight extradition without the help of a skilled California criminal defense attorney experienced in extradition law. The extradition process is long and complicated. You could be sitting in jail for 1 to 3 months before extradition paperwork is even processed. If you are arrested in an extradition proceeding, contact a lawyer immediately.

-LegalPro

Rape and date rape are tragedies for those involved. For the victim, it could lead to years of withdrawal over the trauma, for the accused, it could send an innocent person to jail and their life into a tailspin. Key figures in rape accusations and trials are professional and college athletes, in part because they are usually surrounded by women and a party atmosphere.

Take for example former Los Angeles Rams kicker Tony Zendejas. Zendejas is charged with four felony counts of drugging and raping a female patron at a bar in San Dimas, CA. He's charged with one count each of rape by use of drugs, rape of an unconscious person, sodomy by anesthesia or controlled substance and sodomy of an unconscious victim.

Former University of Florida basketball player Teddy Dupay was charged with a felony rape count for allegedly raping a woman with whom he'd had a two-year relationship. Dupay is accused of beating the woman and then sexually assaulting her.

In both instances, these two are charged with "date rape" which means the accused has some form of relationship or potential romantic encounter with the accuser. This differs from rape in that date rape refers to the non-consensual sexual activity between people who are known to each other either platonically or sexually. These particular instances of sexual assault take place during a social interaction between the rapist and the victim, hence the name date rape.

The Los Angeles County District Attorney's office has highlighted date rape, both in advertisements and in the focus of prosecutors.

Here are five tips for the accused on how to handle this extremely delicate issue:

1. Realize that a lifestyle of partying with women puts you at a much higher risk of false accusations.


2. Make sure you put down as much information as you can about the incident, prosecutors may try to attack your memory of the event.


3. If it's possible to get witnesses or people who will back up your story, make absolutely sure to do so.


4. Speak with an attorney who is experienced in rape and sexual offense matters who can help you in your case.


5. Avoid talking too much to police until you've spoken to an attorney.

Remember the early Punk'd episode where Justin Timberlake returns home to find Ashton Kutcher's bogus sheriff's deputies loading his possessions into a moving van? He freaked when he was told all his property was being seized. What may have made for funny television viewing, isn't at all humorous when it happens in real life. Property seizure and asset forfeiture can leave you with nothing -- no house, no car, no cash.

Under both federal and California laws, the government can seize personal property and assets believed to be connected to criminal activity. Even if you haven't been charged with a crime, the police can confiscate your house, your car, your boat, your jewelry and your cash. They don't have to pay you for it, and they can keep your property for as long as they want.

In California, if you don't respond to a notice of seizure or notice of forfeiture proceedings within 30 days, the government can take your property and you might never be able to get it back. Just to try to get your property returned, you have to file a claim.

The purpose of the forfeiture and seizure laws is to deter crime by taking the profit out of it. Originally aimed at organized crime, federal and state forfeiture and seizure laws are also used to target those suspected of committing drug crimes, tax evasion, money laundering, forgery and pornography. In fact, federal laws define more than 100 forfeiture categories. A number of the forfeiture laws specifically target drug trafficking and the use of land for the cultivation of drug plants.

If your property is seized, you need to hire a skilled criminal defense attorney to fight back. Often rental property or land owners don't realize that illegal activity is taking place on their property, yet their property can still be seized. Innocent buyers may unwittingly purchase illegally obtained possessions that can be summarily taken by police.

You do have recourse. Under third-party innocent owner exemptions, an experienced seizure and forfeiture attorney can argue that you had no knowledge of illegal activities. It is up to the prosecutor to prove beyond a reasonable doubt that the property owner was aware of any illegal activity. You can get your property returned, but in matters of asset forfeiture and property seizure, you have to act fast.

-LegalPro

On TV the serving of a warrant is always dramatic. Weapons drawn, cops gather at the criminal's door. With a bang, they kick the door open, muscle the bad guy into submission, clamp on the cuffs and shout, "We have a warrant for your arrest," before marching him off to jail. It makes for good TV, but what exactly is a warrant?

A warrant is an order from a judge or the court. In California there are two kinds of warrants: arrest warrants and bench warrants.

• An arrest warrant orders the arrest or detention of a person suspected of criminal activity. Arrest warrants are given to the police for execution. Arrest warrants are generally issued after a Grand Jury indictment. But they can be requested by and issued to law enforcement officers when there is reasonable suspicion of criminal activity. Generally, a criminal isn't aware that an arrest warrant has been issued until police arrive at his door to snap on the cuffs.

• A bench warrant is an order for the immediate arrest of a person. A bench warrant is the most common type of warrant issued in California. Typically issued by a judge during an active court session (i.e., from the bench), bench warrants are most often issued for failure to appear in court on a scheduled date or for failing to obey the judge's instructions. Bench warrants may be issued if the defendant fails to appear in court after receiving a police citation, fails to show proof of progress or completion of community service ordered by the court, fails to pay a fine, or fails to appear for sentencing or conviction after a plea or trial.

If you are served with a warrant or learn that a warrant has been issued for you, consult a criminal defense lawyer immediately. Statements given to the police can and will be used against you. A criminal defense attorney can make it difficult, if not impossible, for the police to obtain statements from you that may hurt your defense. If you are arrested and an outstanding warrant exists, bail will likely be denied. Your driver's license may be suspended. An experienced arrest warrant and bench warrant criminal lawyer can help resolve matters and may be able to have your warrant vacated so that you can avoid being taken into custody.

-Legal Pro

Matt Jones, star wide receiver for the Jacksonville Jaguars football team, was arrested on drug charges after being founding cutting up cocaine with a credit car in his car. There was also a jar that allegedly had marijuana residue.

While Jones faces felony charges, the two individuals with him face misdemeanor charges.

The specific charge Jones will face is felony possession of a controlled substance. Jones also had 6 grams of cocaine, which would normally carry with it an intent to deliver/distribute charge (which would increase potential jail time if convicted) but it was obvious to officers that Jones wasn't planning on dealing.

If you find yourself in such a situation, or if you are charged with any sort of drug offense/violation, here are a few tips:

• A first-time offender selling 100 grams to 5 kilograms of heroin has a mandatory minimum sentence of five years. If you're facing this charge, consulting an attorney and discussing a plea bargain may be in order.


• The way in which evidence was obtained may be vital in your drug defense; supplying your attorney will all known details of what the police were doing could greatly help reduce your sentence or get charges dropped altogether.


• Under California's Substance Abuse and Crime Prevention Act, first and second time non-violent "simple drug possession" offenders can receive substance abuse treatment instead of jail time.

There are crimes in Los Angeles that tend to favor one gender over the other, and charges/accusations of domestic abuse tend to fall into that category.

Assault and battery against anyone is a crime, but the law gives special protection to spouses, girlfriends and boyfriends, children and other family members, who are seen as especially vulnerable to domestic violence. Any injury that may occur doesn't have to be serious. In fact, law enforcement officers responding to a domestic violence call sometimes don't even ask for proof that you caused it. Unfortunately, men are much more likely to be arrested for domestic violence than women.

When police respond to a domestic violence call, they typically arrest the husband or boyfriend, regardless of the circumstances. Removing the male is seen as an efficient way to diffuse potentially explosive situations and restore peace. From this point forward, any number of legal misrepresentations can occur. If the police typically hold the male responsible, then the investigation and line of questioning into the alleged domestic violence incident could be incredibly flawed.

This is where having a skilled attorney is vital; attorneys who understand the background of most domestic violence investigations will be able to get to the bottom of the charges.

Though it sounds suspiciously like something hanging from a turkey's chin, under California law "wobblers" are crimes that can be prosecuted as either a misdemeanor or felony. A felony conviction can be a life-altering experience affecting your ability to get a job, loan, credit, professional license or vote. Conviction can result in serious penalties, including prison time. A misdemeanor conviction is always preferable to a felony conviction. Misdemeanors are more likely than felonies to be eligible for alternative sentencing or expungement, a process that removes any public record of your crime, in effect, wiping the slate clean.

A number of factors can determine whether a wobbler is charged as a misdemeanor or a felony, including:

• whether violence or bodily harm was involved


• whether a gun or weapon was used


• the vulnerability of the victim


• whether the defendant played an active or passive role in the crime


• whether coercion or duress was evident


• the existence of unusual circumstances or extreme provocation

Should your case be "wobbling" between misdemeanor and felony, an experienced criminal lawyer can make all the difference. He may be able to tip the scales of justice in your favor so you can avoid a felony conviction. Some examples of possible wobbler charges include assault, battery, domestic violence, hit and run, embezzlement, certain drug offenses, criminal threats, fraud, vandalism and firearm possession.

If you feel like you're caught between a rock and a hard place, an experienced criminal attorney can help you prepare the best defense and may be able to convince the court to hear your case as a misdemeanor instead of a felony. For information on criminal defense in Spanish, visit our Spanish version website.

-Legal Pro

In movies, thieves are often portrayed as sly and conniving, or hardened and violent. In real life though, there are other types of thieves who do their best to look unassuming and use their cleverness to steal from their victims. Take for example Doris Payne, who spent parts of five decades robbing jewelry stores of high-priced jewelry, simply be knowing how to talk the talk. Doris would scope out stores, know their clientele, look the part and walk out with hundreds and sometimes thousands of dollars worth of merchandise. This type of robbery is much harder to detect because it's based upon trust. Here are some facts and tips on robbery that are important to know, both for store owners and those who are facing robbery charges:

• In California Robbery is divided into First Degree Robbery and Second Degree Robbery.
  • First Degree Robbery occurs in an inhabited dwelling, vessel or trailer.
  
  
  • First Degree Robbery also includes robbery of the operator of a bus, taxicab, cable car, or street car.
  
  
  • Robbery of a passenger of any vehicle used for transportation for hire and robbery of any person using an Automated Teller Machine (ATM Robbery) are also considered First Degree Robbery.


• Second Degree Robbery is all other types of Robbery.


• First degree Robbery carries a state prison sentence from 3 to 9 years.


• Second degree Robbery is punishable in the state prison from 2 to 5 years.
  

  • Carjacking carries a state prison sentence of 3 to 9 years. Robbery and Carjacking are "strikes" inCaliforniaand fall under the umbrella of the Three Strikes Law.

  
  

In a nationwide crackdown on child sex trafficking, at least 21 children were recovered and 345 people arrested, 290 of them adult prostitutes. Los Angeles, Oakland and Sacramento were among the 16 major metropolitan areas targeted in the recent 5-day sweep conducted by the FBI, Department of Justice and National Center for Missing and Exploited Children. A similar sweep five years ago rescued 433 children and led to the conviction of 308 defendants for prostitution, child prostitution, child pornography and conducting sex trade operations.

Dubbed "Operation Cross Country," the recently completed operation sought to expose child prostitution rings and rescue children being sold as sex slaves. Exposure of sex trade operations is problematic because their fluidity, explained Dave Dustin of the FBI. Criminal organizations move between states frequently to prevent detection. "These girls and boys sometimes are traded and going back and forth," said Dustin.

Teenage girls are particularly vulnerable, said Second Chance director Mary Schmidbauer. Second Chance supports the victims of prostitution. "One of the reasons that prostitution is as insidious as it is, girls are right at the age where they are seeking independence, becoming women. Someone comes along and treats them like an adult. (Prostitution) feeds on any insecurity that a teenage girls has."

Children caught in the sex trade -- child prostitutes and sex slaves -- are generally so manipulated by or fearful of the adults who control them that they don't realize law enforcement officers could help them. While many never have an opportunity to seek help, those who do may hide or flee from police believing that they are criminals.

In California, solicitation for prostitution is a misdemeanor; but pandering (also called pimping) is a felony charge. Both prostitute and "John" are aggressively prosecuted. However, children forced into prostitution are considered victims, not criminals. If you are arrested for prostitution or a sex crime, an experienced criminal defense lawyer can help you.

-LegalPro

There are 90,000 known sex offenders in the state of California. In most communities when a registered sex offender moves in, the neighborhood goes on the warpath. Parents' fears are understandable. No one wants a sex offender living near their children. So where can they live?

In Fontana, CA, 26 sex offenders live in a cluster on a one-mile stretch of Foothill Boulevard. Of more than 2,700 sex offenders publicly registered in San Bernardino County, 209 live in Fontana. While such criminal clusters can raise public hackles, sex crime experts say the public's fear is misplaced.

"Sex offenders living close to each other reduces risk, which is counterintuitive to the public," said Dr. Wes Maram, vice chairman of the California Coalition on Sexual Offending, a coalition doctors, probation officers and victims' rights groups. A Colorado study explored the impact of common city residency restrictions that limit one sex offender to a household. In a study of 100 sex offenders, those sharing living arrangements were less likely to commit new crimes.

It's certainly an interesting social experiment; but as Maram admits, "When you're dealing with fear, facts don't matter." Maram and his group believe current legal and law enforcement policies, rather than reducing new sex crimes may actually lead to their increase. Then there's the added danger that public outcry will force sexual criminals underground. "I would rather know where they're at than not know," said Detective Holly Howell, an enforcement agent with the San Bernardino County sheriff's Crimes Against Children Unit.

If you are charged with a sex crime, time matters. The penalties for conviction of a California sexual offense are serious and can be life-changing. The sooner you consult a skilled criminal defense attorney skilled in the handling of sexual offense cases, the better your defense.

-LegalPro

Tragedy struck the lives of four individuals whose car struck a pillar on the Santa Monica Freeway on Sunday, July 6. On the same day, an Acura was in an accident which killed one of the passengers, however the driver in this incident was healthy enough to flee the scene of the accident.

Car accidents are bound to happen in Los Angeles, and unfortunately some individuals may be involved in car crashes which cause injury or possibly even death. As tragic as these circumstances can be, fleeing the scene of an accident is illegal, and can lead to hit and run charges, as well as leaving the scene of the crime or even vehicular manslaughter.

Emotions and adrenalin can add up to many poor decisions, however this defense will rarely be of use in a court of law. Hit and run charges can bring fines and jail time, and vehicular manslaughter can bring extensive prison time. While the driver may not be at fault for the deaths of anyone at an accident scene, fleeing is not only illegal but suggests guilt and could skew the perspective of the investigative team examining the situation. This could lead to vehicular manslaughter charge. The vehicular manslaughter charge may also be brought by police because the driver may have moved his car into a position that suggests guilt.

Here are some tips on how to deal with an accident:

• If you find yourself in an accident, get the driver's contact information and report it to your insurance.


• If the accident is severe enough, call the police and see if you're able to get witnesses to corroborate your story.


• If there are significant injuries or even a potential fatality, absolutely call or wait for the police to arrive at the scene and cooperate fully.


• Should there be a significant accident, contact an attorney and explain the situation as it exactly happened.

In a New York court this week, actress Tatum O'Neal pleaded guilty to disorderly conduct in connection with her arrest last month for cocaine possession. The judge ordered O'Neal to complete two half-day sessions in a drug treatment program and pay a fine of $95. The case will be dismissed if she meets those conditions by September 4. This is an excellent example of what an experienced expungement attorney can do for you.

In California, expungement is the legal process by which a criminal conviction is dismissed. While expungement does not destroy or seal your criminal record from justice authorities, it does remove it from the public record. After expungement court files will carry a notation of the crime and the fact that it was dismissed, but it will not count against you or show up on background checks.

A criminal record can prevent you from getting a job, obtaining credit, buying a house or car, renting an apartment, getting a student loan, voting, becoming a U.S. citizen or obtaining a state license to be a nurse, doctor, teacher, realtor, etc. With the help of a qualified expungement attorney, your criminal record can be expunged and the stigma of a criminal record erased. What may have been a youthful indiscretion or a lapse in judgment will no longer haunt you. After expungement your crime will not show up on background checks by potential employers, bank officers or nosy neighbors. You will again enjoy the rights of every law-abiding citizen.

For more information on expungement and criminal defense, visit our English website or Spanish version website.

-LegalPro

There are two important upcoming elections that can and will affect the criminal drug laws in California, the upcoming presidential and gubernatorial elections. It's important to remember that both political parties have differing views of crime control, Republicans tend to be more in favor of putting people in jail while Democrats usually favor rehabilitation and a different stance.

With California's prison system overcrowded, it will be up to the new governor to solve the overcrowding problem. One foreseeable solution would be to pass alternative drug sentences, allowing those arrested of possession to attend rehab and counseling rather than spend time in prison. There has been a great deal of news in the last year or so about how the criminal justice system should treat drug offenders.

Gavin Newsom, currently Mayor of San Francisco, is planning on running for governor, although his handling of immigration issues related to criminal activity could cause problems. Apparently, eight drug dealers from Honduras were able to walk away from a no-security boarding house in a program created by the mayor.

During elections politicians like to look tough on crime, and will discuss putting drug dealers and drug offenders behind bars. They are usually an easy target, and few people are willing to stand up for convicted or alleged drug dealers.

The presidential election too will have an impact on California drug laws, as presidential candidates especially will want to appeal to the entire nation and look to be "tough on crime." What this means for california drug law is that there will probably be a tightening of restrictions, even though the White House is likely to switch parties. The election for governor in 2010 may find an easing of sentences on drug offenders, but with large portions of Californa having a more conservative perspective, the easing may not be too great.

If you're struggling to find and pay for a hands-free headset to meet the requirements of California's new cell phone law, FreeHeadset.org may be able to help. The nationwide safe driving organization is offering to help motorists purchase hands-free headsets for their cell phones. The organization has sponsored similar programs in Illinois and New York which also have headset laws.

"Many states have passed various laws that require the use of a hands-free device while driving; however, these laws fail to provide any sort of assistance program to distribute the headsets required for compliance," pointed out Matt MacAdams, founder of FreeHeadset.org. "Using a headset is an important safety issue that often gets overlooked. Our goal is to encourage people to use headsets by making it simple, affordable and convenient to obtain them. We would like to welcome all California motorists to visit our web site to obtain a free headset for their cell phone."

Since its founding in 2003, FreeHeadset.org has distributed more than 200,000 headsets to North American drivers. Motorists are provided with a free hands-free headset for their cell phone and pay only $3.94 to cover shipping costs.

California's new cell-phone ban went into effect July 1 in an effort to decrease traffic accidents and fatalities caused by driver inattention. Unless you're plugged into a wireless Blue Tooth device, using a cell phone while driving in California will cost you $20 if you're charged with a traffic infraction or misdemeanor. However, if someone dies in an accident and cell phone use is a contributing factor, you can be charged with a felony and even vehicular manslaughter.

-LegalPro

Rape and sexual offense charges are an incredibly serious matter, and law enforcement officials don't take them lightly. Take for example the drummer for the band Poison, Rikki Rocket. Rocket was accused of raping a woman at a casino in Mississippi and was arrested. However, Rocket wasn't even in the state at the time and was later acquitted of the crime. That a man not even in the state can be arrested is a sign of how serious this crime is taken.

The crime of rape (or "first-degree sexual assault" in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say "no" to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called "date rape"), or even when the offender is the victim's spouse.

Sex crimes and sexual offenses are forms of human sexual behavior that are crimes. Someone who commits one is said to be a sex offender. Some sex crimes are crimes of violence that involve sex. Others are violations of social taboos, such as incest, sodomy, sexual violation, indecent exposure or exhibitionism.

The laws governing these terms and the accompanying penalties vary by state, and there can be local, state and/or federal charges regarding sexual offense.

One of the scary aspects of sexual crimes is that they are usually perpetrated by people known by the victim. One study showed that only 2% of women who have been raped were raped by someone they did not know, most of them were violated by a current or former partner or even a close friend. The same can hold true of sexual offense, as many children who are sexually abused are abused by family members or friends of the family, and rarely by strangers.

Today, July 1, 2008, the new cell phone law goes into affect in California. The law states that all drivers must use a "hands free" headset when talking on the phone in the car. The first offense under this new law will cost a $20 fine, every other offense will be $50. All individuals under the age of 18 however are completely forbidden to use any mobile devise while operating a vehicle. This fine won't count as a misdemeanor, but simply an infraction. However, this could compound fines and sentences if coupled with other violations such as DUI.

This new law will be enforced differently in different parts of California, as some cities and counties have announced that they will have a 30-day grace period before they will beginning handing out tickets. This law goes into affect only days before the long 4th of July weekend which will see 80% of CHP officers traveling the freeways of California. This will increase the number of DUI stops, tickets, arrests and citations.

The law was designed to protect drivers, as New York claims that over a five year period drivers on cell phones were involved in over 1,100 accidents, while drivers with hands free sets were in barely over 250 accidents.

Not surprisingly, hands free sets and especially "Blue Tooth" head sets were selling very well throughout Southern California.

While there is probably a number of ways to challenge and appeal the law and the fines, the state set the fines low enough ($20 and $50) that most citizens will most likely not challenge these laws at all.