Los Angeles Criminal Defense Lawyer Blog

With the prevalence of identity theft, adults have become wary about providing personal information over the phone, on the internet and at stores. But few worry about someone stealing their children's identity. Children don't carry ID or have bank accounts or credit cards or jobs. They seem unlikely victims of identity thieves. But many American children do have social security numbers and that's what thieves are after.

Between 2005 and 2007, more than 34,000 cases of identity theft among people under age 18 were reported to the Federal Trade Commission. "I think we just see the tip of the iceberg," said Linda Foley, founder of the Identity Theft Resource Center in San Diego. "We don't know how deep this problem goes."

Unlike identity theft in the adult population which is generally discovered within a short period of time after the theft, in this young age group identity theft can go undiscovered for years, even decades. Exacerbating the problem is the fact that the thief is often a relative of the child. "In excess of 50% of all child ID theft involves a perpetrator who is one of the parents or someone who is close to the family," Foley said.

Identity theft is the fastest growing crime in California. Selling or transferring personal information to another person or using that information to obtain money or goods, including a driver's license, job or medical care, is a crime. Under California identity theft law, a person can be charged with identity theft if the prosecutor proves all of the following:

• The individual willfully obtained another person's identity information.


• The information was obtained without authorization.


• The information was used for any unlawful purpose.

Identity theft and the use of a stolen identity are both criminal acts that carry serious penalties. Depending on the seriousness and sophistication of the crime, the amount of monetary damage, and the defendant's past record, identity theft can be charged as either a misdemeanor or felony. Because the internet crosses state lines, internet theft of identity information or its use can be charged as a federal crime. If you are charged with identity theft, an experienced criminal defense attorney can explain your defense options and may be able to help you avoid jail through alternative sentencing.

Victims' rights are a hot political issue in California this election. Proponents of California Proposition 9, also called Marsy's Law and the Crime Victims' Bill of Rights, say it will give crime victims the same rights as accused and convicted criminals (see our Sept. 24 post). But crime victims in California already have most of these rights. Most of measures listed in the Prop. 9 Crime Victims' Bill of Rights were adopted into California law 26 years ago when voters approved a similar measure.

What Prop. 9 does is move these measures from statute to constitutional law. It's an important difference and one that concerns many in the legal community. Statutes that don't work correctly or are found to have unexpected and unintended consequences can be fairly easily changed by the passing of new laws. Changes to the constitution, however, can only be effected by a three-quarters vote of the state legislature or another ballot initiative, making it extremely difficult to correct errors or update the law.

Equally important is Prop. 9's expansion of victims' rights to the families of crime victims. Of particular concern is the impact this could have on sentencing and parole hearings. Prop. 9 would not only give victims' families a voice in parole decisions but could decrease the frequency of hearings, overriding the rights of criminals. Critics fear that rather than "leveling the playing field," Prop. 9 could result in vigilante law. By allowing emotional victims and families, rather than impartial jurists to define sentences, Prop. 9 could result in a gross miscarrying of justice, in effect denying both the accused and convicted criminals due process.

A Los Angeles Times editorial explained it this way: "The American legal system intentionally and properly distances families from prosecutions; the goal is evenhanded justice. The level of punishment a criminal receives should not depend on how persistent a particular family is in pleading for punishment or blocking parole. Civilized justice rejects vendetta and instead places retribution in the hands of the entire society. It may seem depersonalizing, but that's a goal, not a defect, of our system."

There are a variety of weapons charges, some seem strange, but law enforcement take those charges very seriously. One such weapon charge is being arrested for using an imitation fire arm. California Penal Code 417.2 covers imitation fire arms, and these charges come with serious consequences. This law states: Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives, by mail order or in any other manner, an imitation firearm except as permitted by this section shall be liable for a civil fine in an action brought by the city attorney of the city or the district attorney of the county of not more than ten thousand dollars ($10,000) for each violation.

Using a imitation fire arm or another type of imitation weapon (rubber knife, etc.) in a mugging, assault or other attack is also a crime, and will carry serious jail time.

Below are some highlights on other state laws for weapons in California, specifically targeting firearms:

• It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm.


• People with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction.


• A person who has been adjudicated as a juvenile offender or delinquent for any offense which would be classified as a felony or misdemeanor involving force or violence if committed by an adult may not own or possess any firearm until age 30.


• A minor may not possess a handgun except with written permission or under the supervision of a parent or guardian.


• A minor under 16 may not possess a handgun, unless they are accompanied by their parent or guardian while participating in a legal recreation activity involving firearms or has written permission to participate in such activities.


• A minor under 16 may not possess live ammunition except with the written permission or under the supervision of a parent or guardian, or while going to or from an organized lawful recreational or competitive shooting activity or lawful hunting activity.

America's economy is in a state of flux, and many investigations have begun into the seemingly underhanded financial deals that have gone on, particularly in the mortgage industry. While the media has been paying attention to Wall Street, Los Angeles criminal attorneys know that smaller embezzlement infractions have happened in smaller towns as well.

• In Connecticut, a wife and husband were charged with conspiring to embezzle about $250,000 from Northeast Mortgage Corp. on Main Street South, police said.


• Also in Connecticut, a former prosecutor received a 22-month prison sentence for using his position to embezzle $28,000 from his own union and to steal more than $55,000 intended for charities and crime victims.


• In Maine, a woman was sentenced to 36 months in federal prison after pleading guilty to one count of bank fraud in connection with a scheme to embezzle more than $300,000 from her employer, Multinational Resources Inc.


• In California, an attorney, who is now ineligible to practice law, is being prosecuted in Placer County for allegedly embezzling money from eight people between 2003 and 2007.

Embezzlement is the act of dishonestly appropriating assets, usually money, by one to whom they have been entrusted. Embezzlement carries with it the following penalties:

• In most cases, first offenses involving less than $400 are punishable by a small fine, community service, restitution and 3 years of informal probation.


• A second offense is a much more serious matter. It can be charged as Felony Theft (also called petty theft with a prior) and is punishable by a year in county jail or even 16 months to 3 years in state prison.


• When a person steals goods worth over $400 or money exceeding $400, it is a serious Grand Theft offense and can be charged as either a misdemeanor or a felony. With Grand Theft, you could be facing:
  
  
  
  • At least 16 months in state prison.
  
  
  • Probation or parole
  
  
  • Restitution (paying back victims for their loss)
  
  
  • Court-ordered counseling
  
  
  • Fines
    
  
  

Crime victims advocates, law enforcement leaders and numerous politicians have united in support of California Proposition 9, also called Marsy's Law. If approved by voters on the November ballot, the "Crime Victims' Bill of Rights Act of 2008" will provide crime victims with the same constitutional rights as accused and convicted criminals.

"California's constitution guarantees rights for the most heinous of offenders who commit deplorable acts against citizens of this State," said Harriet Salarno, President of Crime Victims United of California. "Prop. 9 levels the playing field by guaranteeing rights for crime victims, ending further victimization of innocent people by a system that frequently neglects, ignores and repeatedly punishes them. Further more, the provisions specifically related to parole will only affect 10% of the prison population -- lifers, the most heinous offender sin our prisons."

Proponents of the measure say California law makes victims' rights secondary to the rights of those accused and convicted of committing crimes. They argue that victim rights are statutory while the rights afforded criminals are constitutional.

"Too often in our criminal justice system, criminals accused and convicted of horrible crimes are provided more rights and respect than the victims of the crimes, said LaWanda Hawkins, who founded Justice for Murdered Children after the murder of her son Reggie in 1995. "Crime victims deserve better."

Prop. 9 will provide victims with rights to justice and due process through creation of a constitutional Crime Victims' Bill of Rights. The measure would require judges to consider the safety of the crime victim and his family when making bail decisions and notify victims when their offender is released. Victims would have to be given advance notification of parole hearings and would have the right to be heard. Victims would have to be notified and allowed to participate in certain criminal proceedings, including bail, plea bargaining, sentencing, appeals and parole. Victims would receive the constitutional right to prevent release of personal confidential information or records to criminal defendants.

"Marsy's Law will ensure no other crime victim will have to endure the pain that I have experienced when I came face to face with my daughter's killer at the grocery store when I thought he was behind bars because it requires victims to be informed at all times during the criminal justice process," said Marcella Leach, co-founder of Justice for Homicide Victims and mother of murder victim Marsy Nicholas for whom Prop. 9 is named.

On Friday: Will Marsy's Law Destroy Criminal Due Process?

California posted the greatest decrease in drunken driving deaths last year according to data released by the National Highway Traffic Safety Administration. Nationwide alcohol-related traffic fatalities decreased by 4% from 2006 with fatality rates falling in 32 states.

California had 117 fewer alcohol-impaired driving deaths in 2007. A driver is considered drunk when he has a blood-alcohol concentration of 0.08%. According to the study, 15% of all drivers reported driving under the influence of alcohol at some time during the past year. In 2007 nearly 13,000 people died in vehicle crashes involving a drunk driver, down from 13,500 in 2006. Led by Wisconsin where more than a quarter of adult motorists reported driving drunk, states in the upper Midwest posted the worst drunk-driving rates in the country. Utah, where less than 10% of adult motorists reported driving under the influence, had the lowest incidence of drunk driving, followed by Southeastern states (11%) where religious beliefs often discourage drinking.

Unfortunately, alcohol-related fatalities among motorcycle riders increased in 50% of the country's states. The 1,621 motorcycle deaths attributed to drunk driving last year constituted an increase of 7.5% from the previous year. "The skill set you need in terms of the coordination and balance and things like that, you cannot choose to drink and ride," warned Dean Thompson of the Motorcycle Safety Foundation. "It's just the wrong choice to make."

Like many state, California vigorously pursues drunk drivers. A charge of DUI (driving under the influence) or DWI (driving while intoxicated) results in two cases: a criminal case and a Department of Motor Vehicles case. A conviction of DUI or DWI can result in heavy fees, penalties, loss of driving privileges and even jail time. If you lose your driving privileges, you risk jeopardizing your job if, like most Californians, you rely on your vehicle to get to and from work.

DUI and DWI convictions also accumulate points against your license. If you accumulate too many points on your driving record, you can be charged as a negligent operator and your license suspended or restricted. In California, you can be considered a negligent operator if you accumulate:

• 4 or more points in 12 months,


• 6 points in 24 months, or


• 8 points in 36 months.

Point counts may include tickets received in other states. When 2 points are accumulated, a warning letter is issued, followed by a notice of intent to suspend at 3 points and suspension with probation at 4 points. If you violate the terms of your probation, the state can permanently revoke your driver's license. If you are charged with DUI or DWI, a criminal defense attorney with experience in DUI/DWI and negligent operator cases can make the difference between keeping your license and losing it.

Recent events in Los Angeles have raised concerns both in regard to the safety of certain areas of Los Angeles and the ease with which people are able to get weapons and use them for assault.

• On September 19th, a 12-year-old girl and a 19-year-old former student were shot and wounded at a high school in an unincorporated area south of Los Angeles after a football game on campus, officials said. The two victims were shot multiple times about 6 p.m. in the parking lot of the gymnasium at Washington Preparatory High School in Athens, said Susan Cox, a spokeswoman for the Los Angeles Unified School District. Both were taken to Harbor UCLA Medical Center, officials said.


• On September 18th, an altercation occurred outside Barney's Beanery on Santa Monica Boulevard, and three to four men pulled a knife on the victim about 1:30 a.m., said Lt. Gil Carrillo of the Sheriff's Department's Homicide Bureau.

Assault with a deadly weapon is a serious crime with serious consequences:

1. Any person who commits an assault with a firearm upon a peace officer or firefighter, engaged in the performance of his or her duties, will be punished by imprisonment in the state prison for 4 to 8 years.


2. Any person who commits an assault upon a peace officer or firefighter with a semiautomatic firearm engaged in the performance of his or her duties, will be punished by imprisonment in the state prison for 5 to 9 years.


3. Any person who commits an assault upon a peace officer or firefighter engaged in the performance of his or her duties, with a machine gun, assault weapon, or a .50 BMG rifle, will be punished by imprisonment in the state prison for 6, 9, or 12 years.

Los Angeles criminal attorneys use a variety of defenses for those accused of assault with a deadly weapon. If you've been accused or charged with assault with a deadly weapon or assault and battery, you may be able to plea self defense, or lack of intent. Your case may even be dismissed depending on the evidence. However, the only way you can explore these possibilities is by hiring an experienced attorney with extensive knowledge of the complex California assault and battery laws.

It looks like hundreds of shopping malls scattered across California. There's a barbershop, post office, library, dentist's office and cafe. If it weren't for the Orwellian khaki uniforms and armed guards, it could be a mall in any town in California. But this mall is in Coalinga State Hospital, California's long-term treatment psychiatric facility for rapists and pedophiles. Most of the 762 patients will live here until they die. If you are charged with a violent sex crime, this could become your permanent home.

A little more than half of Coalinga's all-male population is comprised of sexually violent predators (SVP). About 1% of the sex offenders convicted in California are found to be SVPs. One third of the patients incarcerated at Coalinga have been convicted of rape. Half have been diagnosed as pedophiles and charged with at least one count of child molestation.

All of the inmates at this 3-year-old, state-of-the-art facility have already served a full sentence in state prison for committing one or more serious sex crimes, usually rape or child molestation. Under a 12-year-old state law, however, instead of being released at the fulfillment of their sentence, the state declared them to be SVPs and sent them to Coalinga. The passage of Jessica's Law in 2006 changed the original renewable 2-year internment into an indeterminate sentence. The majority of the inmates at Coalinga will never be allowed to leave.

Critics point out that the recidivism rate for felony sex offenders is well below that for other crimes. According to a 1994 Bureau of Justice study, only 3.5% of convicted sex offenders were rearrested for another sex crime within 3 years of their release from prison. Some say as many as 75% of the patients at Coalinga shouldn't be there. They say that public and political opinion has resulted in overly harsh laws against sex offenders and particularly child molesters.

California is tough on sex offenders. Understandably, citizens, prosecutors, judges and juries want sex offenders off the streets. But the current "tar and feather" atmosphere can cause the legal system to run amok. Innocent people can be convicted, those found guilty can be condemned to unconscionably harsh sentences, and those who have already paid their debt to society can have their rights trampled and be kept imprisoned in Coalinga. If you are being investigated for a sex crime, a criminal defense attorney experienced in the defense of sex crimes can make certain that your rights are protected and that you receive the best possible defense.

Authorities now suspect that the train collision that killed 25 Los Angeles commuters last week was caused by the engineer's inattention while he was using his cell phone to text message friends. Federal investigators have determined that there were no obstructions on the track and that signals were working properly. Metrolink officials have blamed engineer Robert Sanchez for ignoring a red signal light designed to prevent such collisions. While investigators did not find a cell phone belonging to the engineer in the wreckage, two teen train buffs befriended by the engineer said they received text messages from him just one minute before the crash.

Metrolink prohibits the use of cell phones on the job, but Michael Peevey, President of the California Public Utilities Commission, said the policy is widely ignored. Peevey is seeking an immediate statewide ban on the use of cell phones by train operators that would be even more stringent than California's motor vehicle cell phone ban.

In July, California banned the hands-on use of cell phones by motor vehicle drivers. The use of cell phones with hands-free Bluetooth technology is still permitted. However, any cell phone use is prohibited by drivers under the age of 18. Illegal cell phone use is charged as a traffic infraction or misdemeanor unless it is found to be a contributing factor in an accident, then cell phone users can face a felony charge and even a vehicular manslaughter charge if someone dies.

Cell phone use has been linked to a national increase in traffic accidents. Researchers say that lack of concentration and inattention to driving while talking on a cell phone is equivalent to driving drunk. Texting further decreases a driver's attention to traffic.

If you use a hands-on cell phone or are caught texting while driving, you will be charged with a traffic infraction. The fine for a first offense is $20; $50 for subsequent offenses. However, traffic infractions can compound fines and sentences for other traffic violations such as DUI offenses. If someone dies while you are using a cell phone or texting, you can be charged with a felony or vehicular manslaughter which is a serious crime and carries a jail sentence.

San Francisco, one of America's leading cities in terms of pushing the legal envelope, has a proposition on its most recent ballot that would decriminalize prostitution - by prohibiting the city from arresting prostitutes - which will allegedly make it easier for sex workers to report violence to the police and improve public health. The decriminalization of prostitution was the main recommendation of the citywide San Francisco Task Force on Prostitution more than 10 years ago.

A recent UCSF study found that 1 out of 7 sex workers in San Francisco were threatened with arrest by police officers unless they had sex with them, and 1 out of 5 reported that police officers paid them for sex.

The California State Bar supports the Proposition, for the following reasons:

• Decriminalizing prostitution and establishing regulations for safer sex practices of those engaged in prostitution will have a positive impact on public health.

• Regulation of prostitution would also reduce violence and other associated criminal behavior.

The laws against prostitution identify the following offenses:

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


• Prostitution - the act of exchanging money for sexual activity


• Pandering - the crime committed by a "pimp"


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

These prostitution related offenses are punishable by the following penalties:

• Community Service


• County Jail


• Probation


• AIDS Testing


• Fines


• Counseling (court-enforced)


• Cal Trans (physical labor)


• Loss of employment for those with licenses or government / security clearances


• Jail Enhancements: Additional jail time for defendants with prior related criminal charges

In an altercation with a photographer at Los Angeles International Airport, Kayne West was arrested on a charge of vandalism late last week. According to news reports, West and his manager, Don Crowley, smashed a paparazzo's camera into the airport floor. Both men were arrested and booked for investigation of felony vandalism.

In video clips on the TMZ celebrity gossip website, West and Crowley are shown wrestling the camera from a photographer who is screaming, "Police! Police! Help Me!" Crowley appears to slam the camera into the ground, followed by West hurling down a flash. Crowley then tussles with the TMZ videographer who was shooting the incident, breaking his camera before security intervened.

Celebrity backlash at aggressive paparazzi tactics has itself become increasingly aggressive. Woody Harrelson faced charges of vandalism and assault and battery after an altercation with a paparazzo in 2006. Harrelson is currently fighting a $2.5 million lawsuit by photographer Josh Levine who accused the actor of choking him and smashing his camera, then ordering his bodyguard to attack him.

American's seemingly unquenchable thirst for celebrity news and the often exorbitant amounts of money celebrity outlets are willing to pay for celebrity photos and videos -- particularly those showing celebrities in an unfavorable light -- have created a feeding frenzy among paparazzi. Increasingly aggressive tactics by some paparazzi have created a celebrity backlash that also affects legitimate professional journalists and photographers who practice ethical rules of journalism.

Aggressive tactics by either side -- celebrities and paparazzi -- are against the law. Paparazzi can be charged with assault, assault with a deadly weapon, battery, stalking, trespass, conspiracy, even false imprisonment if they violate a person's freedom of movement. Celebrities who try to take the law into their own hands can be charged with assault, battery, vandalism, even theft if they forcibly take a paparazzo's camera or equipment. The celebrity/paparazzi battle is one in which cooler heads generally prevail. However, human nature being what it is, either side is likely to find itself in need of an experienced criminal defense lawyer!

In November, San Francisco residents could give Red Light districts the green light if they approve Proposition K. Being heralded as the legalization of prostitution, Prop K would decriminalize prostitution and change the way the city enforces prostitution laws.

Parties on both sides of the debate have been vocal in their arguments. Proponents say Prop K would improve the safety of prostitutes. "Workers would like it if crimes like rape, robbery, theft and coercion were vigorously investigated and prosecuted," said Maxine Doogan of the Erotic Service Providers Union. "We want the right to make reports of crimes against us without being retaliated against by the police department."

The California STD Controllers' Association believes decriminalization will reduce the spread of sexually transmitted diseases and HIV. "Studies have shown that sex workers in decriminalized or legal settings are healthier, suffer less personal violence and are more likely to practice safer sex with their clients," said Association President Jeffrey Klausner, MD.

Opponents fear that Prop K will make it impossible to reign in the sex trade. San Francisco Mayor Gavin Newsom said the measure would severely restrict the city's ability to investigate and prosecute sex trafficking. Under Prop K, the city would be prohibited from using law enforcement resources to investigate or prosecute prostitution or spend money on sex-traffic investigations involving racial profiling.

"This measure is nothing more than a welcome mat for prostitutes and pimps to come and hang out in San Francisco," charged the city's District Attorney Kamala Harris. "It would make it very challenging to investigate and prosecute human trafficking. We need to use police resources to investigate where there is a suspicion that women and children, in particular immigrants, are being exploited."

Prostitution is a crime in California. Prop K calls upon the home powers provided to charter-created counties like San Francisco under Article XI of the California Constitution to circumvent state law, stating that home powers allow "counties to enact laws that exclusively apply to residents within their borders, even when such a law conflicts with state law or when state law is silent." If approved, Prop K would go into effect on January 1, 2009.

Until that occurs, prostitutes, their pimps and clients can still be prosecuted. If Prop K passes, prostitution will still be illegal outside of San Francisco County. It is unclear how internet prostitution, which has been the subject of an aggressive crackdown by Los Angeles County prosecutors, will be affected. Conviction of prostitution, solicitation or pandering can have life-changing consequences, including jail, probation, fines, physical labor, community service, loss of employment, loss of license and security clearance, and public humiliation. If you are charged with prostitution or any sex crime, seek the immediate help of an experienced criminal defense lawyer.

O.J. Simpson, who is famous as an athlete, commentator, actor and criminal defendant found himself in court again recently as a defendant in a robbery case. The judge in O.J. Simpson's armed robbery trial rejected a request from his attorneys to ask potential jurors if they consider the football great a murderer and asked potential jurors to put aside their feelings about his acquittal in the 1994 slayings of his ex-wife and her friend.Simpson, 61, is accused of robbing two sports collectible dealers at gunpoint at the Palace Station Hotel & Casino last September. He and codefendant Clarence "C.J." Stewart, 54, each face a dozen charges -- including kidnapping, which carries a potential life sentence. Four other codefendants agreed to plead guilty to lesser charges in exchange for their testimony. In the 90's, during a famous murder trial, Simpson was acquitted in the slayings of Nicole Brown Simpson and her friend Ronald Goldman; a civil jury later found him liable for the deaths.

Prosecutors have taken a hard stance against Simpson, as he was held without bail during the investigation. The football Hall-of-Famer claims he was trying to regain items that were stolen from him, however those he allegedly attacked had recordings of the confrontation and state the Simpson was simply trying to rob them.

According to California Penal Code 213, a robbery is punishable as follows: (1) Robbery of the first degree is punishable as follows: (A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years. (B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years. (2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years. (b) Attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.

Some youths consider graffiti a rite of passage. They're enticed by the thrill of sneaking around in the middle of the night to leave their mark where all can see. Victims of their vandalism, however, are more than annoyed by the time and expense required to remove these questionable "works of art" which often convey profanity or ethnic slurs. Championing the rights of outraged victims, Los Angeles City Councilman Bernard Parks has proposed that parents be held liable for civil damages if their children commit graffiti vandalism.

Similar to the graffiti law recently approved by LA County supervisors, Parks and other officials want the proposed law to serve as a wake-up call to parents and guardians who either don't know or don't care what their children are up to. Parks' proposal mirrors the county law which imposes fines up to $1,000 on graffiti vandals and their parents. The county law also allows property liens when fines are unpaid and the pursuit of felony vandalism charges in court.

Graffiti vandalism carries a hefty price tag. Graffiti removal cost LA County $30 million last year. In 2007, Caltrans spent $5 on graffiti removal just in Los Angeles and Ventura counties. LA County Supervisor Gloria Molina said the actual cost of property damage to businesses, public buildings and infrastructure is far higher and has led to community violence.

City and county initiatives are capitalizing on the state's efforts to curtail graffiti. Governor Schwarzenegger signed Assembly Bill 2609 in July that requires a person convicted of tagging to clean up graffiti he created. Judges can also require offenders to keep damaged property graffiti-free for up to a year.

Defacing, destroying or damaging property without the owner's permission is vandalism. Graffiti is vandalism, and vandalism is a crime under California Penal Code 594. Calling graffiti art doesn't make it any less criminal. If you are under 18, just the possession of aerosol paint containers can result in a vandalism charge.

When damages are less than $400, first time vandalism is usually charged as a misdemeanor. Sentencing includes fines, restitution, community service and 3 years of informal probation, but no jail time. However, if damages exceed $400, or if the defendant has a prior conviction for vandalism, he may be charged with felony vandalism and can incur jail time, formal probation, restitution and community service.

In California, particularly in Los Angeles and Orange counties, vandalism is being prosecuted to the fullest extent of the law as a crime deterrent. Strong legal representation is critically important for anyone accused of graffiti vandalism.

Asset forfeiture is a term used to describe the confiscation of assets, by the State, which are either (a) the proceeds of crime or (b) the instrumentalities of crime. Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics. The terminology used in different jurisdictions varies. Some jurisdictions use the term "confiscation" instead of forfeiture.

The police can take your house, car, boat, jewelry and cash, without paying for it, even if you haven't been charged with a crime. They can keep your property for as long as they want. You'll need to file a claim to try and get it back.

Generally under California law, you have 30 days to respond to a notice of seizure or notice of forfeiture proceedings. If you don't respond within 30 days, you may not even have a chance to fight for the property the government is threatening to take away.

California Lawyer, the magazine of the California Bar Association, reported that many police departments in California have become dependent on drug-related seizures for items of basic budget. In the simplest terms, if the police do not make enough seizures, then police officers will lose their jobs. In fact, it has been reported that the vast majority of seizures are of property worth less than $50,000, and is made from ordinary citizens who are never charged with a crime.

In June, Gov. Arnold Schwarzenegger signed a law making it easier for prosecutors to seize assets of gang members. The bill, SB 1126, expands a law passed last year that allows prosecutors to seek monetary damages from gangs that cause damage to neighborhoods. A provision in the earlier law that said the seized assets had to be "derived from" the gang's criminal activities proved an impediment to prosecutors.

The revision allows the seizure of any gang members' assets, not just assets that the gangs obtained illegally, to cover the cost of damage they caused.

Disturbed by increasing gang violence, Los Angeles and other cities are fighting back -- with lawsuits. L.A. City Attorney Rocky Delgadillo is using injunctions and restraining orders to keep gangs from terrorizing city neighborhoods. He's not alone in using the new crime-fighting legal tactic. California law enforcement officials, including those in Rialto, San Clemente, San Francisco, San Jose and Orange, have filed more than a dozen gang injunctions so far this year.

With gang activity increasing across the country, other states are following California's lead. Florida recently passed a law allowing for civil injunctions against gangs. Similar laws have been passed by cities in Illinois, Texas and Minnesota and bills are pending in Massachusetts and Hawaii. According to the FBI, nationwide gang complaints increased 26% from 2002 to 2007 and arrests increased 18%.

"Injunctions (provide) the power to keep gangs from gathering and holding meeting," explained Florida Attorney General Bill McCollum. Cities are using injunctions and restraining orders to prevent gangs from meeting, congregating or talking to each other on public property. They can be used to establish curfews and prohibit the wearing gang apparel or flashing of gang signs in safety zones.

Since the 1980s, L.A. has used gang injunctions to deter gang violence. Bruce Riordan, L.A. director of gang operations, said the city now has 40 injunctions in place to corral nearly 60 gangs. The practice was upheld by the California Supreme Court in 1997. Riordan says the use of injunctions has decreased gang crime in L.A. by 25% to 33%. Orange County D.A. Susan Schroeder said injunctions have cut gang crime in San Clemente and San Juan Capistrano by 33% and 85%, respectively.

Critics say the injunctions place unfair prohibitions on lawful activity. "It criminalizes ordinary daily activity," said Peter Bibring of the American Civil Liberties Union of Southern California. "It places a huge burden on the basic freedom to live and engage in ordinary life."

Former Barrio Dream Homes gang member Javier Pinuelas of Cathedral City, California, said he served his time and cleaned up his life after a 2004 conviction. Now a law-abiding construction worker, he said a gang injunction interferes with his ability to work. He's trying to have his name removed from the injunction. "If I am talking to another guy who they say is a gang member, that's not allowed," Pinuelas said. "I don't want to get arrested for some guy walking up to me and saying, 'Hi.'"

"Taking legal action against a person for something they might do is the first step on a slippery slope," admitted Jake Wark of the Suffolk County, Massachusetts District Attorney's office. If you are unfairly targeted by a gang injunction or restraining order, contact an experienced criminal defense attorney.

Eighteen years is a long time to live behind bars -- especially when you're innocent. It took 18 years for the criminal justice system to mete out justice in the case of Robert McClendon. Imprisoned in Ohio in his mid-30s for a child rape he steadfastly denied he committed, McClendon was finally exonerated and released last month when DNA testing proved he did not commit the crime.

"Taking away someone's freedom is the worst thing that can happen in our system," said Ohio Senator David Goodman. "We only have one life, and Mr. McClendon lost 18 years of his." Now 52, McClendon missed his daughter's growing up and the birth of his first grandson. For 18 years behind bars he knew he was innocent but couldn't get anyone to listen. Repeated applications for DNA testing were denied until this year.

Criminal justice advocates say there are thousands of cases like McClendon's across the U.S. Falsely accused and convicted because of race, hate or circumstantial evidence, innocent men and women languish in American prisons, hoping that justice will someday find them, as it finally found Robert McClendon. "There are other inmates stuck in prison who deserve a chance to prove their innocence," McClendon said upon his release.

Of course, there is a flip side to the jailing of innocent individuals. "Even if you don't have any sympathy for the wrongfully convicted, the other side of the coin is a guilty person has gone scot-free," said Ohio Governor Ted Strickland.

California has been more proactive than most other states in this matter. In 2001, a postconviction DNA testing law (Senate Bill 1342) was enacted that provided a mechanism for inmates to seek postconviction DNA testing of evidence. While the bill does require that "evidence suitable for DNA testing" be retained after conviction, it did not specify standardized methods for keeping, storing or disposing of that evidence. A task force convened by the Attorney General's office at the time sought to provide that standardization, but its suggestions were only guidelines. Unfortunately, evidence can still be destroyed and DNA applications are only available to incarcerated prisoners. Those out on parole can't apply for DNA testing even if it could exonerate them and cause their criminal record to be expunged.

It can be a tough legal battle requiring the expertise of a skilled and tenacious criminal defense attorney, but DNA testing can free and exonerate the innocent. Flaws in the system and inconsistencies in evidence standards often require dogged pursuit by a highly experienced attorney during the appeal process. If you are innocent, if you have been unfairly incarcerated, call criminal defense attorney Stephen Rodriguez. He will use his considerable legal expertise to achieve the justice you deserve.

Jessica's Law is the informal name given to a 2006 California law designed to punish sex offenders and reduce their ability to re-offend.

California has the highest population of sex offenders in the nation. As this population grows, the process of tracking perpetrators becomes increasingly complex. Jessica's Law provides changes to current laws and policies in the detection, tracking and apprehension of sexual offenders. The Governor proposes a comprehensive Sex Offender Management Plan to ensure this new law is implemented alongside other measures to regulate the oversight of sex offenders.

Jessica's Law Provides for the following:

• Screen inmates to determine if they should be categorized as Sexually Violent Predators.

• Provide Global Positioning System monitoring for High Risk Sex Offenders (HRSOs).

• Reduce parole caseloads through additional hires, so that agents can more closely monitor HRSOs.

• Address expected increases in Sexually Violent Predators at state mental hospitals.

• Manage increased Sexually Violent Predator evaluations and court testimony.

• Offset increased administrative costs at Department headquarters at Coalinga State Hospital.

• The proposal also includes making $500 million in lease revenue bonds available to construct additional mental health facilities.

However, Jessica's law has created a variety of legal and financial challenges to the people of California. For example:

• While the law intended to crack down on sex offenders, it has proved a bonanza for a small group of private psychologists and psychiatrists, 14 of whom billed California taxpayers last year for a half a million dollars or more each.

• When voters overwhelmingly approved Jessica's Law in fall 2006, many assumed it would lock away predatory child molesters and rapists who had slipped through the cracks of existing law. But in the 18 months after Jessica's Law took effect, only 42 of 67 defendants in civil commitment trials -- 63% -- were sent to hospitals, compared with 41 of 51 -- 80% -- before the law. The finding is only the latest sign that the law, named for a 9-year-old rape and murder victim, is not working as intended, despite carrying costs that are expected to reach several hundred million dollars annually within a few years.

If you are facing a sexual offense charge, contact the offices of Stephen G. Rodriguez.

Protecting the paparazzi is something often overlooked by police, and by the general population. Paparazzi are usually portrayed as stalkers who hide out in trees near celebrity homes. However, there has been increasing aggression against the paparazzi, and the courts are beginning to take notice.

Two men assaulted a paparazzo on the beach in Malibu (which is public property). The photographer was attempting to take a photograph of Matthew McConaughey when he was assaulted by the two men in question.

Skylar Martin Peak, 24, and Philip John Hildebrand, 30, both of Malibu, were each charged with one misdemeanor count of battery for attacking the paparazzo, Richid Altmbareckouhammou, who was working for a French news agency, the Los Angeles District Attorney's office said.

Officials claim the two men threw Altmbareckouhammou into the water from where he was taking pictures on the beach. Each faces up to six months in jail and a $2,000 fine.

The incident occurred while McConaughey was surfing near a cove in Malibu. About a dozen paparazzi were on the beach taking pictures of the actor.

Los Angeles politicians passed a "Paparazzi Law" which attempted to limit the rights of the paparazzi, however there are few laws protecting the paparazzi from such viscious attacks as Mr. Altmbareckouhammou had to endure.

Stephen G. Rodriquez & Associates are Los Angeles criminal defense attorneys focusing exclusively on criminal defense and we aggressively defend those accused of criminal offenses in California. We have over 90 years combined criminal experience and we know how to get the best possible results for our clients. If you are a paparazzi and being charged with any of the above paparazzi crimes please contact us to discuss your case.

In California, adolescents under the age of 18 are generally processed under the juvenile justice system. Juvenile crimes differ from adult crimes in the type of offenders and the manner in which they are processed. Juvenile courts handle individuals between the ages of 10 and 17 who have violated criminal statutes or committed what are called status offenses like curfew violations, truancy, running away or incorrigibility. Status offenses apply only to juveniles and would not be considered a legal issue if committed by an individual over the age of 18.

In a 2006 report issued by the California Department of Justice's Criminal Justice Statistics Center, more than half (56.3%) of the juveniles arrested in California were arrested for misdemeanor offenses, just over a quarter (28%) were charged with a felony offense, and the rest (15.7%) were arrested for status offenses. More than four times as many blacks and Asians than whites were processed under the juvenile justice system.

Eight out of 10 of those arrested were referred to county probation departments where approximately 50% were formally processed through juvenile court. Just over one-third (35.2%) of the cases referred to county probation departments were closed during intake with no further action taken. About a quarter (24.4%) of the juveniles referred were actually detained while awaiting disposition by juvenile court. In court, 20% of the juvenile court cases were dismissed. A majority of the individuals processed through juvenile court (61.9%) were made wards of the court and allowed to return home under supervision by the probation department.

Not all juveniles are tried in juvenile court. Juveniles can be transferred to the adult criminal justice system either directly by the District Attorney because of the seriousness of their crime or prior criminal history or by failing a fitness hearing in juvenile court. Of the juvenile dispositions filed in adult court, 77.6% resulted in convictions.

The focus in juvenile court is to rehabilitate the child, not to punish. In California juvenile court proceedings are very different from their adult counterparts. The prosecutor has the power to charge a crime as a misdemeanor or felony. Minors are not entitled to jury trials or bail. Dismissal of charges is permissible at any stage of the proceedings. In fact, intake and detention officers have the authority to completely close a child's case and mandate informal probation before the case goes to court.

If your minor child is charged with a juvenile crime, an experienced and knowledgeable juvenile defense attorney may be able to get the case dismissed in its early stages. If contacted early enough, a criminal defense attorney may be able to minimize the charges and ensure that your child does not end up in juvenile boot camp, at a detention ranch or in the California Youth Authority, the state prison for juveniles.

Some recent scary moments have put a spotlight on weapons charges and weapon penalties in Los Angeles. In Westwood last week, a 52-year-old man was held without bail on suspicion of shooting at a traffic light and having more than 10,000 rounds of ammunition in his van and a storage locker, UCLA police said Monday.

The weapons which authorities said the man was carrying were five loaded semiautomatic pistols equipped with laser sights. In all, UCLA police said, they recovered 400 rounds from him. They believe he hit the traffic light once and a nearby building once. Authorities said an additional 7,800 rounds were found in the man's van and 3,000 rounds were recovered from his storage locker.

Another violent incident involving a deadly weapon, this time in Malibu, also caused a stir. Sheriff's deputies are investigating the fatal shooting of a man in Malibu. Los Angeles County deputies found the victim in the 3600 block of Noranda Lane near Encinal Canyon Road when they responded to reports of a shooting. The victim was described as an adult white male. This particular area of Malibu boasts home prices of $10 million and above.

Once a person is charged with a weapon crime, s/he faces severe legal consequences if convicted. People convicted of weapons charges can be punished with jail time, fines, probation, and community service. Aside from the legal ramifications involved, convicted weapon offenders will have negative, permanent marks on their criminal records. By having a damaged criminal record, convicted offenders will have a harder time obtaining housing, employment, and education opportunities.

Residents in West Los Angeles may finally be able to sleep better. The "Silverware Bandit" is under arrest. Police have arrested a suspect they believe is responsible for at least 15 home invasions and robberies in West Los Angeles and another string of robberies in Santa Monica.

Since the end of May the Westside neighborhood has felt like it was under attack. Neighbors up in arms about what they termed a "mini-crime wave" organized neighborhood watch groups to protect themselves. While police shared residents' concerns and did increase police resources to the area, they pointed out that violent crime is down in Los Angeles.

The home invasion robberies on the Westside targeted mostly elderly women living alone in single-story homes. Since the end of May a man in a ski mask hit more than a dozen homes, stealing jewelry and money and leaving his victims traumatized. Neighborhood residents said they didn't feel safe and many still don't, despite the arrest. They fear the suspect may have had an accomplice who is still on the loose. At least one longtime elderly resident frightened by the violent thefts has moved out and other residents have installed alarms, fences and other security devices.

Violent crime on the Westside decreased 4% between January and August this year, 6% citywide, according to LAPD statistics. Homicides, rapes, burglaries and property crimes are all lower than at this time last year in West LA; but the robbery rate has held constant.

To protect yourself from robbery and burglary:

• Make your home an unattractive target. Trim shrubs and trees away from windows and doors. Install motion sensors on outdoor lights. Install light sensors on porch lights that turn on automatically at dark. Fence your yard and padlock the gate.


• Make it hard for robbers to break in. Install deadbolt locks, safety chains and double-pane windows. Don't leave extra keys under the mat or in a flower pot. Don't leave keys in the locks on the inside of the door where robbers can break a pane of glass and reach in to unlock the door. Keep the door to an attached garage locked. Keep a metal rod or broomstick in the track of sliding glass doors.


• Install an alarm system or sign up for a security service.


• When you leave home or travel, purchase light timers ($10) to turn lights on and off. Look for timers that allow you to vary the on/off times daily. A device can be purchased for about $90 that opens and closes blinds. Stop the mail and newspapers. Ask a neighbor to keep an eye on your house and park a car in your driveway. Provide him with emergency contact phone numbers.