Los Angeles Criminal Defense Lawyer Blog

Minors who witness violent crimes are now eligible for help from the Victims Compensation and Government Claims Board. Passed unanimously by the California Assembly, AB 2809 now awaits the Governor's signature. The bill expands current law to allow minors to apply for reimbursement of counseling and other related expenses.

"Sometimes it's easy to forget that those physically affected by a violent crime aren't always the only victims," said Assemblyman Mark Leno who championed the bill through the Assembly. "Children who live in our tough neighborhoods and see violence every day bear the scars of what they experience and need our help to make sure the negative impacts don't persist."

Under current law, a person must be living with, related to, or the primary caretaker of the victim of a violent crime to qualify for aid under California's Victims Compensation Fund. Once signed by the Governor, AB 2809 expands access to the fund to children who witness a crime, regardless of their family relationship to the victim.

Up to 35% of urban youth who are exposed to community violence exhibit symptoms of Post Traumatic Stress Disorder, according to the National Center for PTSD. These symptoms can include poor grades in school, low self-esteem, aggressive outbursts, violence toward others, drug or alcohol abuse, and other self destructive behavior. Few of these children receive the medical and mental health care they need.

"We know the statistics," said San Francisco District Attorney Kamal Harris who sponsored the bill. "Children traumatized by violence at an early age are more likely to end up falling through the cracks and becoming either victims or perpetrators of crime later in life. This bill is about being smart on crime. We've got to state changing the odds for our youth and giving them the help they need when they need it."

California Attorney General Jerry Brown has ordered a crackdown on medical pot clubs, charging that some are illegally selling marijuana for profit. In an 11-page directive issued this week, Brown laid out the guidelines medical marijuana cooperatives must follow to be in compliance with Proposition 215. "The voters wanted medical marijuana dispensaries to be used for seriously ill patients and their caregivers -- not as million-dollar businesses," Brown said.

The newly issued guidelines direct that medical marijuana cooperatives must be nonprofit, must sell only to legitimate patients, must buy pot only from fellow cooperative members and only at prices that cover costs. Purchasing from professional growers for profit is forbidden.

In one of the first busts, the owner and alleged middleman of Today's Health Care club in Northridge in Los Angeles County were arrested for drug dealing by state narcotic agents. More drug busts will follow, warned Brown. Since the passage of Proposition 215 in 1996, which gave California patients the right to use cannabis to treat their ills, the state has seen a proliferation of marijuana dispensaries that it says are illegally selling the drug for non-medical purposes. Authorities estimated that one-third to one-half of the state's pot clubs may be operating illegally.

While marijuana dispensaries have been targeted by federal drug agents -- the federal government does not recognize medical marijuana -- this is the first crackdown by state agencies since enactment of Proposition 215. "We are not out to harass legitimate clubs," Brown said. "The targets are those clubs that are part of a larger criminal operation where medical marijuana winds up being sold on the street and contributing to crime and violence." If your business is targeted by the AG's crackdown, consult a skilled criminal defense attorney to protect your rights.

Southern California political and law enforcement officials have increasingly focused on gang activity over the last five years, and sweeps of different areas and institutions have become more popular. A recent three-day sweep of Santa Ana ended with 85 people being arrested by the police, many of whom were alleged gang members. Police are also working with community groups, such as churches, to encourage members of the community to report crimes to the police and not be intimidated.

The police have also taken drastic mesaures to be creative with prosecuting gang activity. For example, tagging (or graffiti) often has ties to gang activity, because the tags are a form of marking territory for each gang. The LA County Board of Supervisors has approved measures to hold parents and guardians financially responsible for the damage done by taggers.

The law is designed to shake up parents and guardians who are in denial about their children's actions, unaware of them or simply don't care. It is another tool to hold the adults accountable, she said. Violators will also have to pay fines up to $1,000 and having liens issued against their property. When warranted, the measure also would allow authorities to seek felony vandalism charges in court.

Violence against citizens spured this law and other anti-gang activity by police. Robert Whitehead of Valinda was shot to death in 2006 after challenging young gang members he caught crossing out another gang's graffiti on a neighbor's garage. Last year, Pico Rivera grandmother Maria Hicks was gunned down after she honked her car horn, flashed her car lights and followed a tagger who had defaced a wall.

Murder, mayhem, drugs and the other excesses of Hollywood's rich and famous are the highlight of a new offbeat Hollywood tour. Dubbed the "Dearly Departed" tour, entrepreneur Scott Michaels gives tourists a glimpse of the dark side of fame and fortune. Murdered starlets, brutal beatings, celebrity drug overdoses, suicides, mob hits -- all provide grisly stops on a tour of Hollywood's more sordid landmarks.

With an ominous, "Sit back and rest in peace," Michaels pulls the tour bus away from the Hollywood Boulevard curb, just down the street from the Kodak Theater. He regales tourists with the dramatic, gory details of some of L.A.'s most horrific crimes. The tour stops at the home where the infamous "Black Dahlia," Elizabeth Short, was murdered and dismembered in 1947. The crime remains the city's most famous unsolved murder. In Los Feliz, the bus halts outside the home where Rosemary and Leno LaBianca were brutally butchered by the Charles Manson family in 1969. The Beverly Hills house where notorious mobster Bugsy Siegel was machine gunned to death in 1947 is another tour favorite. Tourists gasp at the site where in 1958 Lana Turner's daughter fatally stabbed to death her mother's paramour, gangster Johnny Stompanato.

Michaels takes his bus past the notorious Viper Room nightclub where River Phoenix died of a drug overdose in 1993 and the hotels where Janis Joplin and John Belushi met similar fates in 1970 and 1982, respectively. Even the site of Hugh Grant's lurid interlude with a prostitute in the back of a car in 1995 makes the tour. As does the public toilet where George Michael propositioned an undercover cop and was arrested in 1998.

Savannah, Georgia tourist, Larry Browder, judged the tour a hit. "I thought that was part of the history, the murders which took place in this city, it needs to be told, it needs to be seen. It makes things more real."

A recent decision by the California Supreme Court changed radically how parole works in California. The court made it easier for prison inmates to win parole despite a governor's objections, ruling that a woman who fatally shot and stabbed another woman with a potato peeler should remain free.

The 4 to 3 ruling, written by Chief Justice Ronald M. George, could affect nearly 1,000 parole cases now on appeal. Lawyers on both sides said it was the first time in recent history that the state high court ruled in favor of a prisoner in a parole case. Governors often deny parole to criminals whose crimes are particularly gruesome. In denying parole the the woman whose case came before the court, Gov. Schwarzenegger cited the "shockingly vicious" attack and the woman's use of various aliases to avoid arrest for 11 years after the murder.

Parole is the supervised release of a prisoner before the completion of his/her sentence. The state legislature passes laws that determine the length of sentences for each crime, as well as inmate-release policies. Normally, parole for ex-cons runs three years, and nearly everyone is on it for the same length of time, regardless of their crime. However, in cases that are particularly violent, the governor has the power to reject parole. In this new ruling, the court said decisions on whether to grant parole to prisoners who received life sentences should be based on whether the inmate would pose a danger to the public if released. The court's action marks a departure from a 2002 ruling, which held that the crime itself could justify denial.

Various restrictions come along with the terms of parole; California routinely orders near-universal drug testing for parolees. This is to make sure that those individuals recently released from prison are watched by the state.

For assistance with parole issues, contact the law firm of Stephen G. Rodriguez and Associates.

For the eighth time in two weeks, robbers again struck Los Angeles' trendy Melrose Avenue shopping district. During Wednesday's evening rush hour, three young men jumped out of a silver Chevy Malibu to snatch the purse of a woman strolling along Genesee Avenue near Fairfax High School, said a spokesperson for the Los Angeles Police Department. No weapons were displayed, and the suspects returned quickly to their car and fled the scene.

Police are unsure whether Wednesday's robbery was perpetrated by the same thieves as the previous seven robberies or is a copycat crime. The previous robberies were committed by one to three individuals who threatened victims with a gun while demanding money and valuables. Unlike Wednesday's daylight robbery, those robberies occurred either late at night or in the early morning hours.

Melrose Avenue area residents upset about the crime spree have launched a campaign to warn neighbors and visitors to the popular shopping district. While no one has been hurt so far, most likely because victims have speedily complied with robbers' demands, police are concerned that a tragedy could occur if a victim attempts to confront the robbers.

Robbery is a serious and violent felony in California punishable by state prison. Robbery is defined as the taking of property from an individual against his will by means of force or fear. When the force used is a gun or deadly weapon, it is called armed robbery. Use of physical force -- pushing, shoving, beating, kicking or any kind of physical attack -- is called strong arm robbery. Robbery differs from burglary and theft in the involvement of personal confrontation and use of force.

A robbery conviction carries a state prison sentence of 3 to 9 years for first degree robbery and 2 to 5 years for second degree robbery. Use of a gun added 10 years to the sentence and discharge of a gun adds 20 years. Robbery also falls under California's strict Three Strikes Law which can further increase your sentence if convicted. If you are charged with robbery, you will need the assistance of a skilled criminal defense attorney with experience handling robbery cases.

The LA Daily News recently reported that more than 7,100 DNA samples from rape victims are backlogged at the Los Angeles Police Department amid funding and staff shortages that officials say are plaguing law enforcement agencies nationwide.

Those accused of rape, as well as victims of rape, are missing an opportunity to see justice served in this instance, because most juries and judges trust the outcome of DNA testing. In fact, the LAPD has not used $1.3 million in federal grants it has received since 2004, and the backlog of cases is tremendous. Recently, the Department of Justice penalized the department because of unspent grant money allocated in 2005, reducing its grant this year to $435,860.

The LAPD backlog comes as 2,285 rapes were reported last year in the Los Angeles area, with about 600 arrests. Some cities in California have set up "Sexual Assault Investigation Units," which spends all of its energy investigating alleged sex offenses.

Many sexual assault acts have no witnesses therefore, sexual assaults are regularly prosecuted even if the evidence appears weak or the accuser lacks credibility. DNA evidence can be a great asset to either the prosecution or the defense, because it will most likely lend a great deal of credibility to one side or the other.

Rape in California is defined as the non-consensual intercourse with a woman accomplished by threats or force. Most of the California rape laws can be found in the Penal Code 261 sections.

The punishment or penalties for rape in California can include up to 8 years state prison for a first offense, as well as lifetime registration as a sex offender.

If you move to another state jurisdiction, you may be required to register as a sex offender for an "unlawful sexual intercourse"violation.

The experienced California rape defense attorneys at the Law Office of Stephen G. Rodriguez & Associates can assist you in proving your innocence. A false rape accusation is humiliating and damaging, and qualified defense attorneys understand that it is their duty to use their knowledge of California's sex crime laws to successfully resolve your case as quickly as possible.

Federal and local law enforcement officers arrested 7 men in Los Angeles this week for participation in a computer child pornography ring. Charges of alleged possession or production of computer child pornography were filed against a total of 55 L.A. and Southern California individuals as a result of the 8-month investigation. Peer-to-peer computer networks like Limewire were used to exchange graphic images and videos of children.

"The evidence is horrific," said U.S. Attorney Thomas O'Brien, noting that some of the children involved were as young as babies. "There seems to be an insatiable appetite for this kind of imagery," said Salvador Hernandez, FBI assistant director in charge in LA. He noted that child pornography viewers often become sexual predators. The investigation was the first to target peer-to-peer users sharing child pornography.

Conviction for possession of child pornography carries a maximum 10-year federal prison sentence; however, those previously convicted of child exploitation face a mandatory minimum 10-year federal sentence.

Child pornography is just one type of internet prostitution that is vigorously prosecuted in California. If convicted, prostitution can result in jail time, a criminal record, loss of your job and public humiliation. Both users of internet prostitution and providers can be equally charged. Paying or receiving money for sex via the internet is a violation of California prostitution laws.

In the war against prostitution and internet porn, California prosecutors have been targeting and closing unlawful websites, targeting online personal profile ads on Craigslist and other sites and performing sting operations. Law enforcement efforts in LA have been particularly aggressive as this week's arrests prove.

Assembly Bill 116, introduced by Assembly-member Greg Aghazarian, would alter California's current child abuse laws.

This bill would provide that any parent, guardian, or caregiver of a minor child who knowingly and unlawfully consumes, smokes, inhales, ingests, or otherwise uses a specified controlled substance, if the act occurs in the immediate presence of, or is witnessed by, a minor child under his or her care, is punishable by imprisonment in the state prison for 16 months, or 2 or 3 years for this child abuse.

This bill would provide that if probation is granted for this offense,the court shall, as a condition of probation place the defendant in a drug treatment program, as specified.

The new law makes doing drugs in or around children a form of child abuse as it endangers the child's life, either by the possibility of the child ingesting/inhaling the substance or simply by putting the child's welfare at risk.

There was a case in October of last year wherein in a couple who had taken methamphetamine were accused of shaking their baby so badly that it had nine brain injuries. AB 116 is designed to prevent such crimes and punish those who commit abuse of their child.

If you accumulate too many points on your driving record, the California Department of Motor Vehicle (DMV) can tag you as a negligent operator. Negligent operators may have an excessive number of traffic convictions, auto accidents, hit and run accidents, DUI convictions or a record of reckless driving.

For each infraction of the California Vehicle Code, violation points are charged against your driver's license. Generally, one or two points are assessed, depending on the nature of the violation. Points can also be assessed for tickets received from other states. Points are only assessed for vehicle-related violations, not for pedestrian or bicycle infractions. Violations that occur with a commercial vehicle carry 1.5 times the point count of a normal violation.

Negligent operators can have their driver's license suspended, be placed on probation or have their driving privilege's revoked. California defines a negligent operator as a driver who has been assessed:

4 or more points in 12 months,
6 points in 24 months, or
8 points in 36 months.

Before classifying you as a negligent operator, the DMV will send you a notice of intent to suspend or restrict your driver's license. You have the right to a hearing to contest the suspension. You have the right to be represented by an attorney at the hearing and can present evidence to challenge the suspension. The judge's decision is based on what is called "preponderance of the evidence." It is the more convincing evidence and its probable truth, not the amount of evidence, that will determine the judge's decision. At a negligent operator hearing, skilled representation by an experienced DMV attorney can make the difference between keeping or losing your driver's license.

A parental kidnapping crime took a bizarre turn of events last week when Los Angeles homicide detectives travelled to Boston to interview Clark Rockefeller about the 1985 disappearance of a San Marino couple. They called Rockefeller a "person of interest" in the 20-year-old missing persons case. Rockefeller was arrested by police and arraigned in Boston for allegedly kidnapping his 7-year-old daughter from his ex-wife. The girl was found safe and returned to her mother.

Rockefeller's arrest has sparked renewed interest in a Los Angeles cold case that involves the disappearance of John and Linda Sohus who were reported missing by relatives more than 20 years ago. According to records, the couple has never been found; however, in 1994, swimming pool excavators found a human body buried in the couple's yard. News reports did not state whether the body had ever been identified.

At the time of the Sohus' disappearance, police had wanted to interview a 20-year-old college student who was a tenant in their home, but he disappeared. The man was known to have at least one other alias and to have been in trouble with the law. Authorities believe Rockefeller was in LA in the 1980s and became interested in questioning him about the San Marino crime when his fingerprints provided a link to another California killing.

Though most parental kidnapping cases don't take such a bizarre turn, more than 200,000 children are kidnapped each year by a parent or family member. The repercussions for the child can be frightening and traumatic. Most often the non-custodial parent is accused by the custodial parent. Parental kidnapping is a serious crime that can be charged as a felony or misdemeanor, depending on the circumstances. Conviction can result in time in jail or a state prison. The specific facts and circumstances of a case can have a significant impact on the nature of the charges and likelihood of conviction and sentencing. A skilled criminal defense attorney can provide the best possible defense.

Shelley Malil, an actor who has been in such films as "40-Year-Old Virgin" was charged with premeditated attempted murder in an attack that left his former girlfriend in critical condition with 20 stab wounds. The actor pleaded "not guilty" in the case, and faces a possibility of life in prison if convicted of the attack.

Attempted murder is the crime of more than merely preparing to commit murder and at the same time having a specific intention to kill. Acting deliberately and intentionally or recklessly with extreme disregard for human life, the person attempts to kill someone, and does something that is a substantial step toward committing the murder. Mere preparation is not a substantial step toward committing a crime.

An example of attempted murder is firing a weapon without regard for human life, such as a drive by shooting.

Attempted murder can bring different penalties depending upon the degree, the circumstances and location of the crime. Who the crime as committed against can also affect the penalty. For example, a bill was recently passed in the California Assembly that would make the penalty for attempted murder of a custodial officer the equivalent to that of a peace officer or a firefighter -- life imprisonment. Attempted murder can bring decades in prison, and it is also a felony that will carry with it a strike under California's Three Strikes Law.

The last week or two in Los Angeles has seen a high number of violent felonies, many involved shootings and/or stabbings. For example:

• In Pasadena, an 11-hour standoff between police and an armed man hiding in the garage of his Pasadena home ended when the man turned himself in after being wounded in an exchange of gunfire with police.


• A 42-year-old man was stabbed multiple times in the parking lot of a Buena Park elementary school early this morning in an attack that left him seriously wounded.


• A man who had been shot several times rammed his out-of-control pickup into the median at a Santa Ana intersection before dawn today, authorities said, and later died at a hospital.

These are just a few of the violent incidents that have been reported of late. Violent crimes such as murder, attempted murder and aggravated assault are felonies and bring severe penalties, especially for frequent offenders or especially violent crimes. Felonies can be difficult to defend for a number of reasons; in fact, in 2003, 68% of adult California felony arrests resulted in a conviction. That statistic, coupled with California's rigid three strike laws makes any felony charge a serious matter for any defendant. Felonies are not confined to violent offenses. Below is a sample list of felonies that don't involve a weapon:

• White Collar Felonies - bribery, fraud, forgery, perjury and more.


• Drug Felonies - possession, manufacturing, distribution and more.


• Sex Felonies - sexual abuse, sexual assault, illegal possession of pornography and more.

If you have a pending felony matter, contact a skilled, experienced attorney who can assist you in handling this serious matter.

Despite a well-publicized decrease in LA murder rates last month, shootings between June 29 and July 26 increased a dramatic 24% from the previous reporting period. While July marked the lowest number of homicides --19 -- in Los Angeles since March 1970, 141 people were shot.

In California, gun and weapons charges are serious crimes that are aggressively prosecuted. Sentences usually involve time in jail or state prison, expensive fines and loss of the weapon. If convicted, a criminal record may make it difficult to find employment and housing.

Possessing a gun or firearm without a permit, possessing a deadly weapon, brandishing or discharging a firearm, illegally selling a firearm or using a gun to commit a crime are serious crimes. Deadly weapons are broadly defined in California and can include not only guns, knives, brass knuckles, nunchucks and other martial arts weapons, but box cutters, tear gas, keys, a car, even your own fist if it is used to harm someone.

Most gun and weapons offenses are charged as felonies under California law. Gun and weapons charges fall under California's determinate sentencing system which allows the judge to choose from three predetermined prison terms (4, 8 and 12 years) depending on the nature of the crime. In certain cases, circumstances can allow possession to be charged as a misdemeanor. Misdemeanor charges carry a maximum sentence of a fine and up to one year in county jail.

If you are charged with a gun or weapons offense, an experienced criminal defense attorney can protect your rights.

Despite a well-publicized decrease in LA murder rates last month, shootings between June 29 and July 26 increased a dramatic 24% from the previous reporting period. While July marked the lowest number of homicides --19 -- in Los Angeles since March 1970, 141 people were shot.

In California, gun and weapons charges are serious crimes that are aggressively prosecuted. Sentences usually involve time in jail or state prison, expensive fines and loss of the weapon. If convicted, a criminal record may make it difficult to find employment and housing.

Possessing a gun or firearm without a permit, possessing a deadly weapon, brandishing or discharging a firearm, illegally selling a firearm or using a gun to commit a crime are serious crimes. Deadly weapons are broadly defined in California and can include not only guns, knives, brass knuckles, nunchucks and other martial arts weapons, but box cutters, tear gas, keys, a car, even your own fist if it is used to harm someone.

Most gun and weapons offenses are charged as felonies under California law. Gun and weapons charges fall under California's determinate sentencing system which allows the judge to choose from three predetermined prison terms (4, 8 and 12 years) depending on the nature of the crime. In certain cases, circumstances can allow possession to be charged as a misdemeanor. Misdemeanor charges carry a maximum sentence of a fine and up to one year in county jail.

If you are charged with a gun or weapons offense, an experienced criminal defense attorney can protect your rights.

Weapon and drug infractions often go together, and recently a high profile case of weapons and drug possession was reported. Rapper Yung Berg was busted in New York City after police investigated a complaint by a limo driver. He was charged with criminal possession of a weapon, criminal possession of marijuana and menacing.

Weapon charges in California are governed by various laws and so bring different penalties. Simple possession charges can carry up to a year in prison, if the charges aren't coupled with other infractions. However, possessing a semi-automatic or automatic weapon can carry up to eight years. Weapons defined as assault weapons also carry with them serious penalties, both for possession and the use of them.

Possession of illegal drugs, illegal pharmaceuticals or drug paraphernalia is illegal in California, and the type of amount of drug will determine the penalty. One of the many penalties for drug possession and distribution, which include fines and prison terms, is asset forfeiture. Forfeiture laws have created a legal system in which federal and state officials now have the power to seize your business, home, bank account, records, and personal property, all without indictment, hearing or trial...Everything you have can be taken away at the whim of one or two federal or state officials operating in secret.

Police are not required to arrest or even charge those whose assets are being seized. In fact, during a 10-month national study, The Pittsburgh Press found that 80% of people who were forced to forfeit property were never charged with a crime. In addition, there is no dollar cap on forfeiture - leaving citizens open to punishment that is greatly disproportional to the alleged crime. Defending this practice, the police and DEA claim they go after "big-time" criminals, however only 17% of the items seized by the DEA were valued at more than $50,000.

Los Angeles Mayor Antonio Villaraigosa, Police Chief William Bratton and City Council members are celebrating an across-the-board drop in Los Angeles crime rates that the mayor categorized as "historic" lows. At a news conference last week, Villaraigosa praised Chief Bratton and the Los Angeles Police Department, saying, "a tide of safety and security is surging throughout the neighborhoods of our city."

All categories of violent and property crimes are lower this year compared to 2007, including gang-related crimes. According to LAPD figures, the overall crime rate is down 5.8% compared to the same period in 2007. Homicides have fallen below 2007 statistics despite an initial surge early in the year. By July 26, 2007, LA had experienced 216 homicides, compared to 212 this year. With only 19 homicides last month, July marked the lowest one-month total since March 1970. Rapes are down 15%, auto theft 8% and gang crimes 13.8%.

The mayor credited his initiative to hire 1,000 new police officers with having an impact on the city's crime rate. With half the new officers on the beat, critics suggested the mayor might slow the hiring campaign. The mayor and police chief have been criticized for raising trash collection fees to finance LAPD budget items. Villaraigosa responded to critics, saying, "I'm looking them in the eye and saying, 'I'm moving forward; I'm going to grow this police department.' "

Asked why Los Angeles crime statistics had dropped so dramatically, Chief Bratton say, "Cops -- C-O-P-S -- make no mistake about it." He also credited LAPD's new crime tracking process, CompStat, that computes daily crime data to send extra officers to trouble spots.

Identity theft can turn your life into a nightmare. Just this week laptop thefts at brewing giant Anheuser-Busch has placed the personal data of 150,000 people nationwide and 55,000 Californians at risk. Unfortunately the risk of identity theft isn't relegated to corporate and government computers. Computer phishing scams that solicit personal information through bogus emails are rampant on home computers (see our Aug. 6 post). A recent Computer Reports study said that over the past two years, 1 in 13 U.S. households have fallen victim to phishing scams, giving out personal information to identity thieves.

You can protect yourself from internet identity theft by following these tips from Consumer Reports:

• Keep your security software subscription current and install all updates.


• Don't access accounts through email links. Type the complete account web address into the browser. Clicking an embedded link allows cyber criminals to access your account and steal your identity. Don't cut and paste the link either. You may be pasting in a bogus link. Check your original account information for the correct web address.


• Don't use the same password for all online accounts. Doing so allows phishers to gain access to multiple accounts. If you have trouble remembering passwords, use variations of the same letter/number combination. The safest passwords are a combination of letters, numbers and symbols of at least 8 characters.


• Only download free software from reputable sites like SnapFiles.com and Download.com. Spyware can be added to free software to phish for info and report it back to a scam site.


• Don't click on pop-up ads, particularly ones that say your computer is not secure. Click the close bottom or enable your computer's pop-up blocker to get rid of pop-ups entirely.


• Use a separate credit card for online purchases and only shop at trusted sites. Don't use a debit card to prevent criminals from accessing your bank account.

Already a highly controversial subject, the last couple of weeks has seen rising challenges to the death penalty. For example:

• In Texas, a man by the name of Jose Medellin was executed for his part in the rape and murder of two young girls. However, Medellin wasn't an American citizen, he was a Mexican citizen, and now the Mexican government is furious, not only because of the execution, but because they claim he was denied the chance to consult the Mexican consulate for legal help following his arrest.


• A man in Ohio who is sentenced to die for raping and killing two young women in the 1980's claims that he is too overweight to be put to death by lethal injection because it will be too difficult to find his veins and because he is already taking one of the drugs used to sedate people for lethal injections.

In California, a panel of experts found that the death penalty process is dysfunctional. The findings, by the California Commission on the Fair Administration of Justice, grew out of the first comprehensive look at the state's death penalty in the 30 years since capital punishment was restored in California. They said that the program is close to collapse unless the state puts millions of dollars into reviving it.

The report said that 87% of all such murders in California now carry a possible penalty of death. In polls, Californians have supported capital punishment by a margin of 2 to 1 and have repeatedly voted to toughen sentencing laws. The administration of the death penalty however is still failing.

The attorneys at the Law Offices of Stephen G. Rodriquez are experienced and knowledgeable regarding the death penalty and all other sentences and penalties issued in Los Angeles for violent crimes. For assistance, contact the attorneys today.

The old-fashioned con man hasn't disappeared, he's just gone phishing. Phishing scams where people receive an apparently legitimate email asking for personal information allow con men to troll for marks without ever leaving their computers. That personal information can allow phishers to steal your identity, run up charge accounts, open credit cards in your name, tap into your bank account, take out loans, and create all kinds of financial mayhem -- all without your knowledge.

According to a new report just released by Consumer Reports, consumers have a 1-in-6-chance of becoming a victim of internet identity theft. "People have fallen for non-computer cons for centuries; scammers are now just using newer methods," said Jeff Fox, a Consumer Reports technology editor. In the study, 1 in 13 households, or 1.5 million consumers, fell prey to phishing scams, providing them with personal data. As a result, 14% lost money. Consumer Reports estimates that phishing scams cost consumers $2 billion over the last two years.

Experts say the problem is that the average person who uses a computer isn't particularly tech-savvy. People have a hard time telling legitimate emails from the scams. Phishers spend big bucks to create slick, look-alike websites that fool the unwary. Many online scams are run by overseas organized crime rings, said Steven Titch, a Los Angeles telecommunications policy analyst at the non-profit Reason Foundation.

"Never answer an email that asks for personal info," warns Titch. "Most legitimate organizations won't do that." Other tips Titch suggests for avoiding phishing scams and computer identity theft: Don't respond to suspicious emails and never click on attachments from someone you don't know.

On Friday: More tips for avoiding computer identity theft.

-LegalPro

An area of the law that is constantly developing in Los Angeles is Paparazzi Law. From time to time, the situation heightens a bit, with both celebrities and paparazzibeing accused of various abuses. Recently, Los Angeles Police Chief William Bratton said that laws restricting the actions of paparazzi are less important because of the actions, or lack there of, of certain celebrities.

Bratton said, "If you notice, since Britney started wearing clothes and behaving; Paris is out of town not bothering anybody, thank god; and, evidently, Lindsay Lohan has gone gay, we don't seem to have much of an issue."

Paparazzi law involves charging celebrity photographers with assault, battery, stalking and trespassing. Individuals such as Britney Spears, Hugh Grant and Julia Roberts have all had interactions with the paparazzi where either law enforcement got involved or lawsuits were filed.

Many of the crimes paparazzi are charged with are listed as felonies and can lead to heavy fines, jail time and other penalties. On September 30, 2005, California Governor Arnold Schwarzenegger signed into law an anti-paparazzi bill to punish paparazzi for assaults and altercations caused by their attempts to photograph celebrities. The new law expands the Anti-Paparazzi Act, Section 1708.8 of the Civil Code, tripling the damages that may be awarded to a celebrity, and denies photographers the right to profit from images illegally taken during intrusions.

For paparazzi dealing with these charges, the attorneys at Stephen G. Rodriguez & Associates are experienced in all aspects of Paparazzi Law.

In a truly intriguing development, Drug Enforcement Administration agents busted a Culver City medical marijuana dispensary on the same day an appellate court in San Diego ruled that federal law does not preempt California's medical pot law.

Drug laws in California differ from drug laws enforced by federal agents, which usually leads to stress between the two states. Attorneys who are successful in defending those brought up on drug charges in California have to be experienced and knowledgeable of the ever changing laws.

The bust of the medical marijuana dispensary happened in Culver City, just outside the bounds of The City of Los Angeles, which further complicated matters. The owners of the dispensary claimed they were following the law, although the law they claimed to be following was of California. The drug laws of the federal government tend to be far more conservative in nature. California allows medical forms of marijuana to be dispensed by licensed individuals.

As far as the court decision, supporters of California's medical marijuana law touted the decision by the appellate court in San Diego as a significant win. Drug penalties vary, because there are different penalties for use, possession, growing, transporting and selling drugs. Some charges are misdemeanors, others are felonies, and the penalties can be anything from a relatively small fine to serious time in jail.

Gone are the days when people left their doors unlocked when they left for work or went to the store. Do that today and you're apt to come home to a house stripped of everything remotely valuable. Yet despite changing times, most of us feel fairly safe in our own homes in our own neighborhoods. Perhaps we shouldn't. Look up your address on CriminalSearches.com and you may find yourself surrounded by felons, sex offenders, traffic violators and all manner of dangerous miscreants.

Developed by the same group of people who created PeopleFinders.com, CriminalSearches.com is one of several new websites that turn published crime data into map points. Just click on the Neighborhood Watch tab and plug in your street address. Up pops a map of your neighborhood with colorful squares pinpointing the locations of people convicted of a crime. You get a visual display of thefts, violent crimes, drug offenses, sex crimes, even traffic citations, thankfully the most numerous category in my neighborhood.

How do they do it? The same kind of computer-generated number crunching featured on the CBS-TV show Numbers. PeopleFinders.com president and COO Bryce Lane explained the new site uses monthly crime statistics reported by the government, crunching them down to the state and county levels. "What we're really good at is establishing connections across all these different data sets, linking it back to a particular person," Lane said. However, he admitted, the programs don't include federal crime data and important data can be missing.

That's the problem with relying on programs like this to determine how safe your neighborhood is. Data is not checked, validated in any way, nor updated. The program locates the reported residences of people convicted of crimes, not the locations of the crimes committed. There's no fact checking or follow up. Addresses pinpointed are those reported at the time of conviction, so the person may have moved years ago, yet that address is still reported as the home of a criminal.

While it can be interesting and possibly helpful to use crime search programs on the internet, you shouldn't rely on their accuracy. These sites can unfairly target innocent people who have moved into a home in which a felon once resided.

-LegalPro

Weary of the paparazzi feeding frenzies that trail celebrities wherever they go, Los Angeles politicians are considering cracking down on the professional shutterbugs. Though it's a lack of professionalism that seems to be driving city leaders to rein in a situation that both celebrities and LA citizens say has gotten out of control.

Overly aggressive paparazzi have provoked attacks by celebrities' bodyguards and even fans. Malibu surfers fought with photographers who stormed the beach to click pics of Matthew McConaughey. New mom Halle Berry pressed criminal charges against paparazzi who crept into her yard to sneak photos of her infant daughter. Numerous celebrities have been chased through city streets by packs of photographers, sometimes resulting in minor accidents.

Accusations -- and sometimes punches -- have flown from both sides. Celebrities say they feel harassed and endangered. Photographers say they're just trying to make a living. LA politicians are fed up with what they see as increasingly confrontational and aggressive tactics. "This is a response to their lack of responsible behavior," said LA City Councilman Dennis Zine, organizer of the new task force charged with finding a solution to the problem.

The most likely solution, one that even paparazzi have considered, is certification or registration of photographers to work as paparazzi. Paparazzi are freelance photographers which means any person with a camera can try to get in on the action. Supporters believe that registration would cull non-professionals from the ranks. Providing legitimate photographers with official credentials could help police determine who has a right to be onsite at celebrity sightings. It is also hoped that fear of losing their credentials might promote more professional and less aggressive behavior.

Under existing California law, paparazzi who break the law or use overly aggressive tactics to get a celebrity's picture can be charged with invasion of privacy, criminal trespass, assault, false imprisonment, stalking or battery. California enacted the nation's first civil anti-paparazzi law in 1999. Stringent punishments were added in 2005. Aggressive tactics can also lead to serious criminal charges. If you are charged during the course of your work as a paparazzi, seek the counsel of an experienced paparazzi criminal defense attorney.

-LegalPro