Los Angeles Criminal Defense Lawyer Blog

Rockstar Games' release of the popular video game Grand Theft Auto IV set sales records earlier this year, easily topping first week sales of Halo 3, which had pulled in $300 million during the first seven days of its release. Variety called the international launch of Grand Theft Auto IV last April the most lucrative game debut in entertainment history, surpassing even Pirates of the Caribbean: At World's End which earned a record $404 million in first-week sales last year.

Worldwide sales in the multi-millions have made Grand Theft Auto the world's most popular game. Despite its popularity, the game series has been widely criticized for glorifying and possibly promoting crime. Many have condemned the action-driving series for its excessive profanity, sex and violence. And even though the game is rated Mature for players 17 and 0lder, many younger gamers have taken it out for a spin. Some psychologists worry that impressionable young people may not be able to separate the excitement of the game from the danger of committing the crime in real life.

When you strip away the glitz and glam, grand theft auto is a dangerous, gritty crime with serious consequences. Grand theft auto is the taking, stealing or driving of someone's care with the intent to deprive them of it. In California, grand theft auto can be charged if the stolen vehicle is worth more than $400. In certain cases where there are no prior convictions, grand theft auto is sometimes charged as a misdemeanor which usually involves, restitution, fines, community service, 3 years of informal probation and up to a year in the county jail. However, grand theft auto is usually charged as a felony with a penalty of 2 to 3 years in state prison and formal probation or a 3-year parole. Multiple convictions for grand theft auto cause jail sentences to increase under California's tough Three Strikes Law.

Police need only cite "probable cause" to arrest someone for grand theft auto. Probable cause is the reasonable suspicion that a person has, is or will be committing a crime based on facts or circumstances. However, conviction of grand theft auto is much more difficult. The prosecutor must prove beyond a reasonable doubt that:

• The accused drove or took the vehicle.


• The vehicle wasn't owned by the accused.


• The vehicle was taken without the owner's consent.


• The vehicle was taken with the intent to deprive the owner of it.

Defense against grand theft auto charges usually hinges on whether or not the vehicle was taken without the owner's consent and whether or not the accused intended to keep the vehicle permanently.

In the dramatic break-up of a major national sex trafficking ring this week, 47 children aged 13 to 17 were rescued. All but one were female. The FBI coordinated the arrests of more than 600 adults in 29 U.S. cities to break up 12 major prostitution rings that forced children into prostitution. The rings operated out of truck stops, casinos, websites and call services.

"Sex trafficking of children remains one of our most violent and unconscionable crimes in this country," said FBI Deputy Director John Pistole. This week's operation was part of a five-year nationwide initiative that has led to the recovery of 575 children and the destruction of 36 prostitution operations since June 2003.

In California, sexual assault and sexual exploitation with a child under the age of 14 are classified as child molestation or child abuse and are felonies. Society considers child molestation and child abuse such heinous crimes that even those wrongly accused can be run out of their community or thrown out of their profession in the wave of hate and suspicion that follows such accusations.

Under California law, Section 288(a), "any person who commits a lewd or lascivious act on a child under the age of 14 is guilty of a felony punishable in the state prison for 3 to 8 years." Lewd and lascivious acts are defined as touching to arouse, appeal to or gratify the sexual desires of either party. However, touching is not a required element for conviction. Each act of sexual misconduct with a child constitutes one charge. Multiple acts, even if committed in the same instance, increase the state prison sentence to 6 to 16 years. Conviction can also require lifelong registration as a child sex offender which can severely limit community tolerance, housing options and job opportunities.

When sexual crimes are committed against children aged 14 to 17, the perpetrator can be charged with prostitution. In California, prostitution (also called solicitation) is generally charged as a misdemeanor, while pandering (also called pimping) is charged as a felony. Both the provider and user of sexual services can be arrested under California law.

Although most prostitution charges involve female prostitutes with male clients, prostitution charges can apply to either gender, whether the parties are heterosexual or homosexual. Prostitution and pandering charges can carry stiff fines, court-ordered counseling, physical labor with Cal Trans, loss of professional license, loss of government and security clearances, and jail time. Communities often demonize prostitution, causing law enforcement officers and prosecutors to pursue prostitution charges aggressively.

Throughout California, federal and state authorities have been attempting for years to combat gang activity and membership. Gang activity can be quite varied, involving everything from tagging (graffiti) to murder and drug trafficking. Combating gangs is difficult in part because communities often live in fear of being targeted by gangs if they interfere. Those involved in gangs are not interesting in talking to police because they may be closer to their fellow gang members than their families.

Another challenge is that gang members can be extradited from the United States if they're not citizens. Various Central and South American gangs have members living in the United States and if arrested, the authorities will most likely look to extradite the accused.

Regardless of these realities, in 2008 authorities throughout Los Angeles, San Francisco and the rest of California have worked to stop the spread of gang activity. For example, this past week, federal prosecutors in San Francisco indicted 29 people with alleged connections to the notorious street gang MS-13. Prosecutors say the defendants were involved in crimes including drug and firearms trafficking, attempted murder, robbery, and assault.

The indictment comes a day after officials announced arrests from federal raids in the Bay Area. MS-13 is also known as Mara Salvatrucha (MAHR'-uh sahl-vuh-TROO'-chuh) and has roots in El Salvador. The MS-13 gang, aka Mara Salvatrucha 13, is one of the most violently dangerous gangs in the United States - and one of the most organized. The MS-13 gang has cliques, or factions, located throughout the United States and is unique in that it retains is ties to its El Salvador counterparts. With cliques in California, Washington DC, Oregon, Alaska, Arkansas, Texas, Nevada, Utah, Oklahoma, Illinois, Michigan, New York, Maryland, Virginia, Georgia, Florida, Canada, El Salvador, Guatemala, Mexico, and several other South American countries, the MS-13 gang is truly "international" and on the verge of becoming the first gang to be categorized as an "organized crime" entity.

On June 22, 2008, in San Francisco, California, a 21-year old MS-13 gang member, Edwin Ramos, shot and killed a father, Tony, 48, and his two sons Michael, 20, and Matthew, 16, after their car briefly blocked Ramos from completing a left turn down a narrow street.

If you or someone you know has been implicated in a gang related crime, contact the attorneys at Stephen G. Rodriguez & Associates. If you are being charged with a misdemeanor or felony offense you may need to consult with a criminal defense attorney. Both misdemeanors and felonies have the potential for jail time and probation. Misdemeanors are generally regarded as less serious crimes, but nevertheless require an aggressive defense as they carry a potential jail sentence of up to 1 year in county jail. Felonies are the most serious category of crimes that which carry a potential county jail or state prison sentence.

El sitio web de Stephen Rodríguez y Asociados ha sido diseñado para la comodidad de aquellos individuos que han sido acusados de un delito y necesitan representación legal. Consulte el sitio web para obtener más información sobre Stephen Rodríguez y Asociados y sobre cómo le podemos ayudar en la defensa de su caso penal.

With the election countdown in its final days, charges of voter fraud are heating up, particularly in key swing-vote states in America's heartland. Fictitious voter registrations in Ohio, an absentee ballot mailed to a goldfish in Illinois and campaign workers voting illegally in Indiana have topped Midwestern headlines in the final weeks of what has become an increasingly contentious presidential campaign.

• In an attempt to lure more voters, some states have set up facilities where people can register to vote and then vote immediately. Law suits have been filed in Ohio, one of the states adopting the new tactic, questioning the validity of thousands of newly registered voters. A court has ordered the Ohio Secretary of State to verify the eligibility of hundreds of thousands of new voters before election day. However, with time running out, the state appears to lack the time or manpower to match that many voter registration records against motor vehicle and other data bases to verify length of residency and other voter eligibility requirements before the deadline. While the Ohio Secretary of State has said that most of the registration abnormalities found to date appear to be data input errors, both national parties have expressed concern about potential voter fraud.


• Presidential campaign workers in several states registered to vote and some then voted illegally. To prevent out-of-staters from stuffing the ballot box, most states have at least a 30-day residency requirement that must be met before registering to vote. Many also require that registered voters intend to live in the state for some time. Unaware of these requirements, a number of campaign workers from both parties registered to vote in several states. Some have already voted in states that allow pre-election voting. When apprised of state law, most campaign workers who were living in the state temporarily rescinded their voter's registration and allowed their vote to be cancelled. Some workers, however, maintained their intent to take up permanent residency and demanded that their vote stand. It is doubtful that states will such track residency intent.


• ACORN, a grassroots organization that promotes community betterment, has been questioned about voter fraud in several states. ACORN efforts to register voters was undermined when some workers, who are paid by the number of voters registered, were found to be fabricating or duplicating registrations to boost their income. Thousands of potential voters may be affected as states attempt to ferret out fraudulent registrations before the election.

In many states, registering to vote or requesting an absentee ballot inappropriately does not become fraud unless you actually follow through and vote. However, voting in a state where you don't meet the specified residency requirements is illegal and can result in a felony charge. In California, fraud is a felony offense that can result in a prison sentence.

Lynyard Skynyrd is one of the quintessential bands from the 1970's, made legendary when members of their original band died in a terrible plane crash. Gary Rossington, one of the founding members of the band was arrested on DUI charges last month in Milton, Ga.

According to California Penal Code 23152 (as per the California DMV Website) :

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

Many people charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in California have a particularly difficult time dealing with their criminal charge, often because it is the first crime with which they have ever been charged. DUI or DWI charges are made against approximately 1.5 million drivers every year. These arrests can result in serious consequences. A person who is convicted of a DUI or DWI can face heavy fees and penalties, a loss of driving privileges, and may be sentenced to serve jail time.

Given that so much is at stake in a DUI or DWI case, it is important to hire an experienced criminal defense attorney who has handled many DUI and DWI cases in California, and who will guide you through the legal maze of the California criminal justice system and Department of Motor Vehicles (DMV).

Criminal Defense & DUIattorney Stephen G. Rodriguez has represented hundreds of individuals in Los Angeles, Orange County, Ventura, Riverside, San Bernardino, and throughout the state of California who have been charged with driving under the influence or driving while intoxicated. He will work aggressively to protect your rights before the municipal or criminal courts.

In an emotionally charged courtroom filled with his family and friends, former Los Angeles Rams kicker Tony Zendejas was recently ordered to stand trail on four counts of felony rape and sodomy at the conclusion of a preliminary hearing. The unnamed victim testified that Zendejas gave her two drugged drinks when she and friends visited his Zendejas Mexican Restaurant in Pomona, California in January, then took her to a hotel and raped her repeatedly.

The woman, identified only as "Jane Doe," said that the effect of the drinks was trance-like. She has only brief flashes of memory from the evening: sitting in a car with Zendejas, entering a hotel lobby, and seeing Zendejas' face in a hotel room. The next morning she woke up to find herself naked and alone in a Red Roof Inn hotel room with her clothing scattered around the room. Vaginal and anal pain made the woman suspect she'd been raped. A medical examiner confirmed tissue damage consistent with vaginal and anal rape. The judge ordered Zendejas to stand trial for four felony sex crime charges:

• rape by use of drugs


• rape of an unconscious person


• sodomy by anesthesia or controlled substance


• sodomy of an unconscious victim

Though disallowing it in the rape charges, the judge allowed the two sodomy charges to carry allegations of great bodily injury which could extend Zendejas' prison sentence if he is found guilty.

Zendejas' attorney said the former Rams kicker has characterized the evening as "a night of consensual sex without complaint." Toxicology tests of blood and urine samples taken from the woman the afternoon after the incident have come back negative for drugs, including popular date rape drugs. However, in a secretly recorded conversation made in April, Zendejas reportedly told the woman "I knocked you out. I took that booty."

Preliminary hearings are held to determine whether sufficient evidence exists to conduct a trial. Prosecutors must only present enough evidence for the judge to rule that the accused be "held to answer" charges. It is not necessary to prove the jury-trial standard of guilt "beyond a reasonable doubt."

While celebrities do sometimes take advantage of their position to force sexual activities on fans and admirers, there are an equal number of instances where admirers have been willing partners, but later changed their story. There are numerous cases in which a fan has taken advantage of the celebrity's notoriety and cried "rape" after consensual sex. The motive may be a glimmer in the media's spotlight but is often monetary. The "victim" hopes to be "bought off" with a significant settlement.

The "he said, she said" nature of sexual relationships can make it difficult to arrive at the truth in such cases. Both parties will profit from the skills and expertise of an experienced criminal defense attorney.

Many Los Angeles criminal defense attorneys are up in arms over the chaos that an upcoming state proposition could cause if voters choose to pass it. Proposition 9 would alter the state Constitution to require that crime victims be notified and consulted on developments in their cases. It would give them first claim on any restitution to be collected from offenders, and it would force prosecutors to take their opinions into account.

The measure, known as Marsy's Law and the Victims' Bill of Rights of 2008, also would make the state criminal justice system tougher in ways that critics, such as Los Angeles County Dist. Atty. Steve Cooley, say could violate prisoners' constitutional rights.

Ex-convicts accused of violating parole would lose their right to a lawyer provided by the state. Those serving possible life sentences could be denied parole for up to 15 years, triple the current maximum. And an unlimited number of victims would be able to testify at an inmate's parole hearing and say whatever they want -- uninterrupted -- without having to answer questions from an inmate or the inmate's lawyer.

Marsy Nicholas was 21 when she was shot in the head and killed by an ex-boyfriend while home from UC Santa Barbara for Thanksgiving in November 1983.

The Proposition 9 campaign has received $4.8 million from her older brother, billionaire Henry T. Nicholas III -- who is currently under federal indictment on fraud, conspiracy and drug charges.

Marsy's mother, a proponent of the measure, co-founded Justice for Homicide Victims with her late husband, Robert, and with Ellen Dunne, whose daughter with author Dominick Dunne also was murdered.

Opponents say that Proposition 9's provisions on notification and restitution duplicate a crime victims' bill of rights that voters approved in 1982, and that they are designed to distract from the ballot measure's true -- and less advertised -- purpose: to keep prisoners locked up longer.

In a system that now grants parole to about 1% of eligible prisoners, inmates would be denied a chance for release for up to 15 years at a time without "clear and convincing evidence" for a shorter period between hearings.

That could destroy any motivation inmates may have to improve themselves, said Mark Smith, who won his release in court in 2003 after serving 18 years for second-degree murder for a killing in Topanga Canyon.

Smith was suffering in prison from AIDS, dementia and cancer, and had been recommended for release based on his prison record by his sentencing judge and the state parole board. But Gov. Gray Davis blocked him from leaving.

Inmates can now be denied parole for one to five years, and some are rejected many times before winning release. Victims' relatives, who often attend the hearings, say the inmates shouldn't be able to have so many chances because it is painful for families to revisit the crime over and over again.

Marcella Leach said she had a heart attack at the first of four hearings for her daughter's killer, Kerry Conley.

According to the nonpartisan state legislative analyst's office, the measure could save tens of millions of dollars by reducing the number of parole hearings and ending the state's practice of paying for lawyers for accused parole violators.

But the analyst said the proposition could cost the state hundreds of millions of dollars by restricting the state's ability to release inmates early from overcrowded prisons, a plan adopted and then dropped by Gov. Arnold Schwarzenegger this year.

Cooley and his staff said the measure could interfere with prosecutions by making victims into independent parties to criminal cases with the ability, for instance, to challenge sentences and to demand a speedy trial, and to refuse to cooperate with a defense lawyer's requests for information as part of the trial process. Cooley said provisions prohibiting inmates from questioning victims at parole hearings would likely be struck down in court.

In an interview, he called the proponents "very well-motivated people who suffered incredible tragedies in their life," but he said "huge chunks" of their initiative are unconstitutional.

Solicitation, also known as Solicitation for Prostitution, is the act of directing or asking someone to exchange money for sexual activity, as defined under Section 647(b) of the California Penal Code.

A Los Angeles police officer is under investigation for allegedly trying to force women he met while on duty to have sex with him, law enforcement sources said. A patrol officer, who was arrested earlier this week, reportedly tried to force women to have sex with him while he was on duty. He is free on $127,000 bail.

Police officials confirmed that the officer, an eight-year veteran of the Los Angeles Police Department, was arrested earlier this week on suspicion of soliciting a sex act, but declined to release further details in the case, saying a judge had ordered that court records in the ongoing probe remain secret. Specifically, the judge has ordered that a criminal indictment against the officer be sealed.

Two law enforcement sources familiar with the case said the alleged victims were young women the officer had met while on duty last summer. The sources said that the officer allegedly attempted to coerce women to engage in sex acts with him in exchange for not pursuing some sort of law enforcement action against them.

In one incident, detectives were investigating allegations that the officer sexually assaulted a woman behind a building, sources said. In another incident, he allegedly tried to force a woman to go to a motel with him, the sources said.

PENALTIES
The range of penalties for a Solicitation or Prostitution charge can include:

• 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

It was like that scene in the 1999 movie The Thomas Crown Affair where dozens of identical bowler-topped, trenchcoat-wearing, briefcase-carrying decoys confuse art museum security guards while the master crook walks out with a priceless painting. Only this time the setting was the small-town streets of Monroe, Washington, just northeast of Seattle. The decoys wore long-sleeved blue shirts, yellow safety vests, eye protectors and ventilation masks. And the crook robbed a bank.

Lured by a Craigslist job ad promising $28.50 an hour city landscaping jobs to anyone who showed up properly attired, a number of unsuspecting prospective workers congregated outside the Monroe branch of the Bank of America. "We started wondering if guys were going to show up and shoot paint balls at us, or if we were about to be Punk'd and Ashton Kutcher was going to show up," said Mike Stevenson, an unemployed 30-year-old worker caught in the scam. "Turns out, we were set up as decoys for a robbery instead."

In the confusion, a man dressed in a lookalike costume attacked Brinks armored truck guards on the street in front of the bank during a money transfer. Disabling the guards with pepper spray, the robber grabbed a bag of cash and ran into the group of startled decoys. By the time bank guards and police got things sorted out, the robber had escaped. An FBI agent investigating the case told reporters the tactic was a first in her 15 years of investigating bank holdups.

This isn't the only time the popular online classified ad site has been used by criminals. In numerous recent incidents, 20 and 30-somethings responding to Craigslist ads for TVs, music equipment and other pricey electronics have been robbed by bogus sellers. After agreeing on a sales price for the advertised item, robbers lure unsuspecting ad respondents to a bogus address. As the individual exits his car, cash in hand, robbers attack.

The possibility of scam and fraud is something everyone needs to be aware of, particularly as we move into the holiday gift-buying season. When the economy is tight, more financially desperate people turn to crime. Prudent purchasers should take precautions to protect themselves against robbery, theft and fraud.

Robbery is a serious and violent felony under California law and is punishable by state prison. More serious than theft or burglary, robbery involves violent person-to-person confrontation and the use or threat of force with intent to coerce or prevent resistance. Under California law, robbery carries a prison sentence of 3 to 9 years. Robbery is one of the crimes that falls under the state's tough Three Strikes Law which can double the length of sentences.

A former member of UCLA's staff pleaded guilty last week to a disturbing theft crime involving donated body parts. The former chief of UCLA's cadaver program pleaded guilty Friday for his role in selling donated body parts to medical, drug and research companies in a scheme that netted up to $1 million.

Henry Reid, 58, pleaded guilty in Los Angeles County Superior Court to one count of conspiracy to commit grand theft, with a special allegation that he damaged or destroyed more than $1 million worth of school property, which refers to the donated bodies.

Theft and robbery crimes are an incredibly broad category, covering everything from petty theft (such as stealing a DVD from a retail shop) to grand theft (stealing large numbers of items or incredibly valuable items).

In this particular case, the items stolen were obviously out of the ordinary and quite shocking. Under a plea agreement, Reid could be sentenced to four years and four months in state prison. He also agreed to cooperate in the trial of a co-defendant and to repay $100,000 to $1 million to the program at the University of California, Los Angeles, according to a statement from the county district attorney's office.

A judge will determine the actual restitution figure, the statement said. Reid, of Anaheim, could have faced up to 11 years in prison if he had been convicted at trial.

A case such as this one can be extremely complicated. The investigation involved more than 100 search warrants and took three years. Prosecutors said Reid sold hundreds of parts of donated bodies between 1999 and 2004 to Ernest Nelson, who operated a business transporting body parts. Reid's co-defendant then resold them to more than 20 medical, drug and research companies. The men eventually were indicted on one count each of conspiracy to commit grand theft and one count each of grand theft and grand theft of personal property. The remaining theft counts against Reid will be dismissed at his Jan. 30 sentencing hearing as part of his plea deal.

Financial desperation often leads to desperate acts. In California, an unemployed money manager lost a fortune and killed his family in a tragic murder-suicide. In Ohio, a 90-year-old widow shot herself as deputies arrived to evict her from her home of 38 years.

The first wave of violent fallout from the current economic crisis seems to be inward. People under severe financial stress who feel there's no way out of their problems are taking the ultimate way out. Calls to suicide-prevention hot lines have risen about 20% in the past year with many of the calls about money troubles. Law enforcement specialists fear crime rates will rise next.

A tremendous number of people in America feel overwhelmed by debt or threatened by the loss of their home or savings or retirement funds. "It's that sense of having the rug pulled out from under them," explained the Rev. Canon Ann Malonee, vicar of Trinity Church in Manhattan, located just a block from the World Trade Towers disaster. Malonee said people's response to the worst economic crisis since the depression is reminiscent of 9/11.

Historically, suicide rates increase during times of economic hardship. And not far behind are crime rates. The longer our economic woes continue, the greater the impact they will have on people's individual lives. Businesses are struggling, bankruptcies increasing, layoffs and plant closings escalating, evictions skyrocketing, and repossessions rising. As the financial noose tightens and people can't pay their bills, they start defaulting on home loans, car loans, credit card payments. Like a house of cards, one financial problem leads to another and another until everything collapses.

The extreme stress takes a toll on people's psyche. Normally rational, patient, hard-working people panic. They convince themselves that pocketing a couple of bills from the register, sneaking office supplies into their briefcase, using a customer's credit card number or shoplifting a couple of items won't hurt anyone. Petty theft, shoplifting, embezzlement, identity theft and fraud escalate when people run short of money. Burglary, robbery and armed robbery are also apt to increase the longer the recession drags on. The news has already reported incidents of bank robbery and ATM holdup sprees.

Just as worrisome is that fact that many people take out their stress on their family. Financial problems are a touchstone for family strife. Social workers worry that domestic violence and spousal and child abuse will escalate, particularly where people turn to alcohol or drugs to avoid their problems.

You should realize that the courts do not recognize desperation as a defense if you commit a crime. If you break the law, talk to a skilled criminal defense attorney about your options. But don't wait until you're at the breaking point. Seek help. City, county and state agencies, as well as many churches, provide many free services.

Incarceration appears to be a more effective deterrent to drug crime than treatment, according to a study of Proposition 36 recently released by UCLA's Integrated Substance Abuse Programs at the Semel Institute for Neuroscience and Human Behavior. In 2000, California voters passed Proposition 36, also known as the Substance Abuse and Crime Prevention Act, which offered treatment and/or supervision instead of incarceration to nonviolent drug offenders. The UCLA study tracked the successes and failures of the program from its institution in 2001 through 2005, finding that program participants were more likely to be rearrested for drug crimes than those who served time in jail or prison.

Since its inception, the drug treatment program has been beset with problems, including perennially inadequate funding, lack of residential treatment facilities, poor intake procedures and a high participant drop-out rate. The UCLA report indicates that drug and property crime arrests were higher among Prop. 36 participants than among non-participants. In part, the difference may be due to fact that incarceration would have allowed jailed participants less opportunity to perpetrate crimes.

While violent crime arrests in California decreased more than the national average -- 12% compared to 9% -- there's no statistical evidence indicating what effect, if any, Prop. 36 had on the decrease. The initiative's only demonstrable success has been in saving taxpayers the millions of dollars the state would have spent to keep these drug offenders in jail.

According to the UCLA report, of the more than 30,000 drug offenders who enter treatment each year, about half are first-time offenders. The majority of program participants receive less expensive and less effective outpatient treatment. Unfortunately, hard-core drug use requires the concentrated multiple therapies available in residential treatment facilities. While the number of residential treatment beds available to Prop. 36 participants has increased slightly each year, it still falls woefully short of the current need due to limited funding and infrastructure.

While proponents still believe the program can be effective if properly funded and staffed, there is little hope for the future. In a slew of cost-saving measures enacted last month by Governor Schwarzenegger to belay California's fiscal crisis, funding for Prop. 36 programs was cut 10% and voter-mandated evaluations and research for improvement were suspended. However, if California voters pass Proposition 5, the Nonviolent Offender Rehabilitation Act, in November, $460 million annually would be pumped into expanded drug treatment programs through integration of the two propositions.

Drug crimes are serious offenses and are aggressively prosecuted in California. An experienced criminal defense attorney skilled in defending drug crimes provides you the best opportunity for an alternative sentence and avoidance of jail or prison time.

Every Los Angeles criminal defense attorney has faced police errors, either in the not following proper procedure, fudging paper work or some other mistake that enables the attorney to help his/her client beat the charges. Not every error is done with malice, but Los Angeles criminal attorneys with a keen eye for detail can be incredibly valuable when mistakes are made by law enforcement.

In Los Angeles, it was recently reported that police have arrested innocent people due to faulty fingerprint analysis but have not determined how many cases were affected by such errors, police officials said. A confidential police report details two cases in which charges were dropped after problems with the fingerprint analysis were discovered. Police blame shoddy work and poor oversight for the mistakes.

One fingerprint analyst, who was involved in both the mishandled cases, was fired and three others were suspended last year after internal investigations. Two supervisors in the department's latent print unit were replaced.

The report details the case of a pregnant hospital technician who was charged with breaking into a store in February 2006 because of an erroneous fingerprint identification. The department said prints in that case were lost and could not be re-examined. The charge was dropped.

The law firm of Stephen G. Rodriguez & Associates has an outstanding record assisting clients who have been charged with criminal offenses. Our attorneys have extensive experience and knowledge of the California criminal justice system, which enables us to help our clients make the right decisions about resolving their cases. In addition, our lawyers focus exclusively on criminal defense.

Criminal charges usually carry more than just jail time; they carry consequences that far outlive jail time. This makes the possibility of the expungement of past offenses an important step for many people. For example, California regulators have announced emergency measures to investigate the criminal backgrounds of all registered nurses in the state, days after it was reported that dozens of nurses had kept their licenses for years despite multiple convictions.

Effective immediately, the state nursing board will ask all nurses renewing their licenses whether they have been convicted of any crimes in recent years. Dozens of registered nurses convicted of crimes, including sex offenses and attempted murder, have remained fully licensed to practice in California for years before the state nursing board acted against them. If these offenses had been expunged earlier, there is a possibility that these offenses wouldn't be involved in this process at all.

The criminal convictions include 183 DUI/reckless driving convictions, 96 drug and alcohol offenses, 94 burglary and theft convictions, 47 motor vehicle offenses (i.e. driving with a suspended license), 43 assault and battery convictions and 94 other offenses.

Among the cases in which the board acted belatedly or not at all:

* An Orange County man continued to renew his nursing license for years even after he was imprisoned for attempted murder.

* A Redding nurse was convicted 14 separate times from 1996 -- a year after she was licensed -- through 2006 on charges including several instances of driving under the influence, driving with a suspended license and drug possession.

* A San Pedro man amassed convictions for receiving stolen property, as well as possession of cocaine and burglary tools, before the board placed him on probation. He subsequently was arrested two more times, for possessing cocaine and a pipe to smoke it.

One of the many skills of an experienced criminal defense attorney is the ability to assist defendants in helping seal juvenile records, sealing California criminal arrest records and expungements.

In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, "no contest" plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court. As is commonly believed, an expungement does not seal or destroy your criminal records.

If you have been arrested or committed a juvenile crime (a crime committed by persons under the age of 18), you will have a juvenile record. As a minor you can seal both arrests and convictions. When juvenile records are sealed, the record of arrest, detention, prosecution, and conviction are physically sealed and/or destroyed. Sealing your juvenile record will allow you to move into adulthood with a 'clean slate'.

Sealing an adult criminal record can only be done when an arrest is made without a conviction and you can prove you are factually innocent of the charges.

You can seal your arrest record if you were arrested as an adult and the case was either:

• Dismissed
• Rejected
• Never filed by the District Attorney or City Attorney's office

A background check will reveal the arrest along with finger prints, booking photos, and the arrest report. This information is a public record and does not disappear even when there is no formal case or charges filed.

A Petition to Seal and Destroy Arrest Records pursuant to California Penal Code, Section 851.8 is filed by an attorney. The process can take from 9 t

o 12 months.

Recently I blogged about my nephew's frightening experience with the court system. A couple of beers with his high school friends before going off to college turned into a nightmare when he was stopped for DUI by a no-nonsense Virginia cop. (See our Oct. 10 post.) My 18-year-old nephew was lucky. His folks hired an excellent attorney and he followed the man's advice. My nephew was given a year's probation and the opportunity to walk away with no criminal record. But he could just as easily be spending his first semester of college behind bars.

Given today's volatile economy, no one wants to spend more money than they need too. My sister's careful eye on the family budget could have turned my nephew's brush with the law into a tragic, life-changing event. With a different attorney, he could have been saddled with a criminal record that would have greatly limited his employment opportunities.

When my nephew ran afoul of the law in rural Virginia, my sister used the online yellow pages to hunt up a criminal attorney. There were only two listed so she called both.

Attorney A spoke with her at length. He asked what kind of punishment my sister and her husband had levied. It was strict: no driving privileges, no leaving the house except to go to work, no visiting friends, limited cell phone and internet access. He encouraged my sister to hang tough on the family punishment which would play favorably with the particularly strict judge assigned to the case. He also recommended that my nephew perform 50 hours of community service.

Attorney A explained the court process and said, if hired, he would meet with them one to two weeks before the hearing to prepare my nephew for court. My sister was impressed but put off by his fee -- $5,000.

Attorney B spoke with my sister briefly about the arrest and explained court procedure. He promised a pre-hearing meeting about a week before the hearing. His fee was $600.

It's easy to understand why my sister originally chose to go with Attorney B. Who wouldn't want to save more than $4,000? It was a mistake that could have cost my nephew his freedom and his future. There's truth in the old adage: "You get what you pay for." My sister started to get nervous when Attorney B hadn't called a week before the hearing and failed to return her calls. In a panic she called Attorney A, reaching him on his cell at an out-of-town conference. He agreed to take the case and arranged a pre-hearing meeting for the day of his return.

At the pre-hearing meeting, Attorney A explained the proceedings to my nephew and his worried parents. He told my nephew how to dress, speak, act and behave during the hearing. He discussed the questions he would be asked and told him what to expect from the police officer's testimony. He exhibited a detailed knowledge not only of the case, but of the arresting officer's temperament, arrest record and court performance. He coached my nephew on the behavior and demeanor that would elicit a favorable response from the judge.

Attorney A's experience, preparation and excellent advice saved the day. Attorney B finally called my sister back the night before the hearing. Like I said, you get what you pay for. If you need an experienced, skilled criminal defense attorney in California, contact the law offices of Stephen G. Rodriguez.

- LegalPro

One of the most serious crimes on the books is a sexual offense, because of the impact to the victim and the convicted.

Sexual crimes and child sexual abuse are among the most devastating of crimes. Through their criminal acts, sex crime and child sexual abuse offenders can inflict severe physical, emotional, and psychological trauma on their victims. The effects can be long-lasting; the healing process can be an arduous one.

For those facing sexual offense charges, being wrongly accused may lead to a lifetime of consequences. The Los Angeles District Attorney's office focuses on sex offenses, and seeks justice for victims of sexual assault and child sexual abuse. The Sex Crimes Division has experienced, specially trained attorneys dedicated solely to the prosecution of sex crimes and child sexual abuse cases within the Central District.

If you or someone you know has been charged with a sexual offense, here are some tips:

• If you have been accused of or charged with committing a California sex crime, it is important that you immediately consult with a skilled criminal defense attorney who is experienced in handling these types of cases. The penalties for a California sex offense can be serious and life changing; the sooner you contact counsel, the better your defense will become.


• Statutory rape charges are customarily brought by the parents of the victim, but in California they can be raised by the state. Charges can be brought against you if you impregnate a girl under the age of 18 even if the girl consents to the sexual act.


• A good criminal defense attorney will bring in an investigator who will interview all possible witnesses especially those favorable to the defendant. The attorney will make sure that the prosecutor will not ignore or overlook any evidence. The attorney can also arrange for a lie detector test to be administered to the defendant and present these results to the prosecutor.

The California criminal defense attorneys at Stephen G. Rodriguez & Associates are experienced sex offense lawyers who can provide an aggressive defense for crimes of all levels. You can rest assured that any and all options will be pursued to secure the best possible outcome. This includes plea negotiations, trial defense, and alternative sentencing.

After Alan Shore makes his weekly impassioned speech to the jury on Boston Legal, somewhere between the foreman's reading of the always favorable verdict and the tears and hugs of the newly freed defendant, the plaintiff's angry lawyer usually shouts, "Your Honor, We will appeal!" So what is an appeal and how does it work?

Essentially, an appeal is an opportunity to right a wrong. If someone is convicted of a crime and feels a mistake was made during the trial, he can file a criminal appeal. An appeal is a second chance to obtain justice when an error has been made during a trial. Attorneys, jurors and judges are human so unintentional mistakes do sometimes happen during a trial. An appeal can reverse a conviction, reduce a sentence or result in a new trial.

In California, a criminal appeal can be filed within 60 days of conviction. Either the convicted individual or his attorney can file the appeal. An appellate attorney is usually hired to handle a criminal appeal. Just like medicine, law has its specialists. Appellate lawyers have gained special expertise and experience in navigating the very complex appellate process. They understand the nuances of California's complicated appellate law. Crafting and arguing an appeal can take more than a year and involves extensive research and exacting written and oral arguments.

The appeals process begins with the filing of a Notice of Appeal. Copies of all papers and testimony from the original trail are filed with the California Court of Appeal, a special court that hears only appeals. The appeal process is different than the trial process. The appellant's attorney files a written brief with the court that points out the trial error, using case law to spell out why the judgment should be overturned. The prosecution files a rebuttal explaining why the judgment should stand. The appellant attorney can then respond to the prosecutor's arguments.

After studying the briefs, the Court of Appeal convenes. Three judges hear oral arguments from both sides. The court may take months to render a final written decision, called an "opinion." If the court rules against the convicted individual, the only remaining recourse is the California Supreme Court which hears only about 125 cases a year. With so much at stake, it is imperative that you hire an experienced appellate lawyer if you are considering an appeal.

If it weren't for the experience and skill of his attorney, my 18-year-old nephew could be sitting behind bars instead of in a college classroom today. My nephew's not a bad kid; in fact, he's a great kid. But like most barely 18-year-olds he doesn't always make great choices. One of those choices got him arrested this summer.

It was one of those typical teen things. My nephew and some buddies got together at a friend's Virginia vacation home when the folks weren't home and had a few beers. Stupid, but not an uncommon when you're talking about teenage boys. It was when my nephew got behind the wheel of his car to drive home that stupid could have turned tragic. Perhaps it was lucky that he got caught. As he was leaving his friend's house, he drove over the neighbor's lawn and the irate neighbor called the cops. My nephew was charged with underage drinking, driving under the influence (DUI) and destruction of property (the neighbor's lawn).

One stupid decision and my 18-year-old nephew risked time in jail and thousands of dollars in fines, court costs and legal fees. He risked losing his driver's license which would make it impossible to get to college classes or his job. He risked losing college scholarships. If convicted of DUI, a felony, he would have a criminal record that would prevent him being hired for many jobs. He would not be able to obtain certain state licenses or a security clearance. Many of the possible future jobs my nephew was going to college to pursue would no longer be available to him if he was convicted of a felony. When he was drinking with his buddies, he never imagined that a little fun might carry such a high price tag.

My sister and her husband were equally appalled at the seriousness of the trouble their son had gotten himself into. They put the kid under what amounted to house arrest and called a Virginia attorney. He advised that they continue the strict grounding until after the case was heard and that my nephew work hard to amass a minimum of 50 hours of community service before his hearing. It turned out to be excellent advice.

The attorney met with my nephew and his parents well before the hearing. He talked to my nephew about the questions he would be asked and how he would answer them. He told my nephew to address all his answers to the judge and to look him in the eye. "Pretend you're talking to your grandfather," he said. And he reminded him to get a haircut and wear his church suit with a tie.

The attorney explained that, like California, Virginia was very tough on DUI charges. With three charges against him, the Virginia prosecutor would demand a conviction on at least one charge. He recommended that my nephew plead guilty to the DUI charge because his blood alcohol content was very low. The attorney felt he could get the prosecutor to drop the two misdemeanor charges and that, with the community service hours, the judge would be inclined to grant probation since this was my nephew's first brush with the law.

On the day of his hearing, my nephew and my sister watched as one man convicted of DUI received a $1500 fine and 6 months in jail. A woman was fined $500, another $500 in court costs and had her license suspended for a year. My nephew's case was one of the last called so he had plenty of time to see "what might have been." When his case was called, the attorney had gotten the prosecutor to drop the underage drinking and property destruction misdemeanors. My nephew pleaded guilty to the DUI.

In talking to my nephew, the judge asked whether his parents had punished him and how. Then the judge started to page through the community service record my nephew's attorney had presented. As he looked at the first page, the judge commented, "Just 14 hours?" Then turned the page and saw a total of more than 50 hours of community service. He thought things over for a few minutes, then ruled: no fine, no court costs, one-year probation with his record to be expunged if there were no more infractions.

My nephew was one lucky young man. But as my sister said, their "luck" was in hiring an experienced and skilled attorney who knew the law, the prosecutor's office, the police officer involved and the judge. He knew how they would act, what they would expect, how to negotiate and what to do to present my nephew's case to the judge in the best possible light. Without an experienced and skilled criminal defense attorney in their corner, the outcome could have been very different for my nephew. Consider this a word to the wise.

A tour bus carrying people to a Casino in Northern California crashed, killing eight people and sending dozens to area hospitals. Patrol officers believe the bus owner was Daniel Cobb, 68, who died in the crash. The accident happened in early October.

The driver, who didn't have a proper license to carry passengers and the vehicle had an invalid license plate, has been arrested on suspicion of driving under the influence. A witness said the bus carrying 42 passengers to Colusa Casino Resort drifted off a rural two-lane road before the driver "overcorrected" and swerved back. It overturned and rolled completely over, ending up on its wheels facing the opposite direction. About 30 people were injured.

Many people charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in California have a particularly difficult time dealing with their criminal charge, often because it is the first crime with which they have ever been charged. DUI or DWI charges are made against approximately 1.5 million drivers every year. These arrests can result in serious consequences. A person who is convicted of a DUI or DWI can face heavy fees and penalties, a loss of driving privileges, and may be sentenced to serve jail time.

There are a slew of penalties, including stiff jail time, for anyone found guilty of a DUI in an accident that causes harm to another person. California Vehicle Code 23558 covers DUI with Bodily Injury inflicted on another person. It adds additional penalties for bodily injury or death while DUI: an EXTRA year in the state prison for each victim harmed in any one DUI related incident. The maximum number of victim one year addon sentences that may be attached under this section are three total.

An El Segundo woman has been charged with stalking Los Angeles Lakers forward Luke Walton. The woman was arrested after she pulled up to his car and pretended to fire gunshots at him with her hand. She pleaded not guilty to a misdemeanor count of stalking. A Nov. 6 trial date has been set in the case. She faces up to a year in county jail if convicted, district attorney spokeswoman Jane Robison said Tuesday.

Walton said the woman has been harassing him since late last year. He told the Orange County Register she waited outside his Manhattan Beach home numerous times and wrote on his car with a marker after he refused to sign an autograph.

Stalking charges are serious and almost every state now has a strict stalking law. Stalking includes cyber stalking (online stalking on the Internet), celebrity stalkers, workplace stalking, and any stalking behavior or harassment, which puts the stalking victim in fear for their safety.

Anti-stalking laws began in California in 1990, as a direct result of the murder of TV star Rebecca Schaffer and the repeated stabbing of film actress Theresa Saldana by an obsessed fan turned celebrity stalker in 1982. Although most people associate stalkers with celebrities, celebrity stalking is only a small part of total stalking statistics.

The definition of stalking is a series of unwanted actions or conduct that puts a person in fear for their safety. Stalkers usually begin with persistent and annoying behavior that is not criminal, but progresses to stalking behavior that can be punished under California criminal stalking laws.

In California, the stalking law is covered under Section 646.9 of the Penal Code, which states that any person who willfully and maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety or that of an immediate family member is guilty of stalking.

Besides this case, there have been many high-profile stalking cases involving celebrities, politicians and other popular individuals. Uma Thurman of Kill Bill was stalked by an obsessed fan for two years; this fan was arrested outside the actress' home in New York City on October 5, 2007. Tyra Banks was being stalked by a man who was arrested in March of 2008 after he tried to gain entrance to Tyra's show with a duffel bag full of her memorabilia.

Drugs may have contributed to Sunday's tragic bus crash that killed 8 people and injured 30 en route to a Sacramento gambling casino. The 52-year-old driver of the charter bus, Quintin Watts, was arrested in his hospital bed earlier this week on the suspicion of driving under the influence (DUI) of drugs. Watts, who was critically injured in the crash, has a history of substance and alcohol abuse and a string of motor-vehicle offenses.

The California DMV suspended Watts' driver's license for nearly two years after a succession of speeding and other vehicle violations. He regained his driving privileges in January. A long-time truck driver, Watts was unable to find a trucking job due to a recent jail stint for domestic violence. Hired by an independent charter bus service, Watts had completed several training rides with the bus owner. On Sunday, his first solo ride, Watts was carrying 43 passengers to the Colusa Casino Resort in Sacramento when he drifted off a rural two-lane road, overcorrected and ran off the road. As the bus rolled over it catapulted some passengers out broken windows and crushed others in the wreckage. It was the 8th most serious bus crash in the U.S. in the past three years.

Although the bus was labelled with the Greyhound logo, Greyhound spokeswoman Kim Plaskett said the company had sold the bus two years ago. Current ownership of the bus and possible licensing improprieties are still being investigated.

Watts' family had been concerned about his new job as a bus driver. His mother, Chaney Mae Watts, told news reporters Watts had struggled with drug and alcohol abuse and been arrested on drug charges. "He wasn't the best driver," she said. "He knew we didn't want him to drive."

Driving under the influence of drugs and alcohol is a serious matter in California. When DUI convictions and combined with other serious traffic offenses, the state's Department of Motor Vehicles can tag an individual as a negligent operator and suspend or permanently revoke his license. If you face a serious motor vehicle charge, obtain the services of an experienced criminal defense attorney.

Marijuana clinics in California are controversial, as the State of California has legalized medical marijuana and the federal government has not. There are multiple cases of federal law enforcement authorities arresting employees at marijuana clinics which the state of California recognizes as legal.

Marijuana clinics received even more negative attention after a violent episode at a Los Angeles are clinic. A security guard from Los Angeles, died after he was shot while working at a medical marijuana clinic on S. La Brea Ave. about 3:45 p.m. Wednesday, Oct. 1. Two men were arrested the next day in connection with the apparent robbery attempt at the La Brea Collective, a medical marijuana dispensary. The two men were booked on suspicion of murder, and each was being held in lieu of $1-million bail.

The security guard was working when several armed men walked into the business with the intent to rob the dispensary. A struggle started, and one of the men pulled out a handgun and shot the guard multiple times, then men ran off, according to witnesses. The guard was taken to a hospital, where he died at 4:20 p.m., according to the Los Angeles County coroner's office.

Medical marijuana refers to the use of the Cannabis plant as a physician-recommended herbal therapy as well as synthetic THC and cannabinoids. This usage generally requires a prescription, and distribution is usually done within a framework defined by local laws.

In California there is no state regulation or standard of the cultivation and/or distribution medical marijuana. California leaves the establishment of any guidelines to local jurisdictions, which can widely vary. For example, Marin County allows up to six mature plants, and/or a half-pound dried marijuana. It's neighbor, Sonoma County permits possession of three pounds of marijuana, and allows cultivation up to 99 plants, and physicians may recommend more for "exceptional patients."

Prescription drug abuse is reaching epidemic proportions in the U.S. The National Survey on Drug Use and Health estimates that 20% to 30% of California's drug abusers are addicted to prescription drugs. The National Institute on Drug Abuse (NIDA) estimates that 48 million Americans have used prescription drugs for non-medical reasons. Abuse of prescription drugs like OxyContin and Vicodin has increased dramatically by teens and seniors in recent years. In 2005, abuse of prescription drugs accounted for more than half a million emergency room visits in California, according to the Drug Abuse Warning Network.

Addicts often visit multiple doctors and hospital emergency rooms seeking multiple prescriptions to feed their habit. One California man visited 183 doctors and 47 pharmacies to obtain dangerous painkillers. Over the course of one year, this man used multiple prescriptions to obtain 4,830 hydrocodone tablets, 2,210 oxycodone tablets, 156 OxyContin and a smorgasbord of additional addictive painkillers.

California Attorney General Edmund Brown recently announced a crackdown on such rampant prescription drug fraud in California. He noted that the top 50 prescription drug abusers average more than 100 doctor and pharmacy visits per person to gain the drugs they need.

"These prescription drug addicts are abusing the system, draining time and money from hundreds of doctors and pharmacies who are there to help real sick people, not con artists," Brown said in announcing a statewide crackdown on the most aggressive prescription drug addicts. "We want to end these dangerous cycles of fraud and abuse."

The crackdown has already resulted in the arrests of dozens of suspects. Brown said the aggressive pursuit of prescription drug addicts is driven both by the egregious drain on California's medical resources and a concern for public safety. He expressed concern that many prescription drug abusers hold jobs as transit operators, medical practitioners, truck drivers and others whose drug use puts the public at risk.

An important component of Brown's plan to stop prescription drug abuse is implementation of a computer network that would give doctors and pharmacists real-time internet access to patient prescription drug histories. He recommended that insurance companies develop similar systems to prevent drug fraud. The possession, sale or purchase of prescription drugs for non-medical use is a crime in California and carries significant penalties.

Hit and run (see yesterday's post) is a good way to get tagged as a "negligent operator" by the California DMV. Traffic convictions can cause violation points to be counted against your driver's license. Every time you accumulate a violation point on your driving record, you get one step closer to having your driving privileges restricted or suspended. It doesn't take much. Just two points get you a nasty warning letter from the DMV. Three points and you get the even more severe "Notice of Intent to Suspend" letter. Accumulate 4 points within a year and they brand you a "negligent operator" and smack you with probation. Then it's "good-bye" license. Violate probation and you'll be bumming rides and waiting at bus stops for the rest of your life. You don't want to mess with the DMV!

Reckless driving, auto accidents, traffic convictions, hit and run and driving drunk (DUI) can result in points being assessed against your driver's license. But it doesn't take a major accident or particularly serious offense to earn a violation point. A point can be assessed for disobeying a traffic officer, driving with an unsafe load, ignoring a school crossing guard, driving in the bike land, running a yellow light, following too closely, making a U-turn, speeding, driving too slowly and a host of other infractions.

Don't think you're safe if you get into an accident out of state. Most states share ticket/conviction information, and California assesses points for violations in other states. Under certain circumstances, the DMV can assess more than one point for a violation, and all violations received while driving a commercial vehicle carry 1 1/2 times the average point assessment. Minor drivers under the age of 18 also face stricter penalties. If you're under 18, 2 points in 12 months earns you a 30-day driving restriction and just 3 points in 12 months suspends your license.

If you get slapped with a negligent operator notice, don't risk losing your license, consult an experienced DMV criminal defense felony attorney immediately. If you don't understand the DMV's hearing process or fail to obtain adequate representation, you could lose your driving privileges. A good defense could save your driver's license.

Troubled Mets relief pitcher Ambiorix Burgos struck and killed two women in a hit-and-run accident in the Dominican Republic, cops told a local paper. Burgos, 24, who missed the entire season with an elbow injury, was driving a 2009 Hummer that hit the two women near his north coast hometown of Nagua. The hit-and-run was not his first brush with the law. Just last month, Burgos was arrested on charges of manhandling his girlfriend in a Queens hotel. The 6-foot-3, 244-pound hurler allegedly punched, bit and slapped 26-year-old Maria Lopez in a Holiday Inn room on Sept. 8, cops said.

Hit-and-run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards.

Penalties for hit and run charges vary, depending on the extent of the damage and the driver's criminal driving history.

Misdemeanors are the most common hit and run charges and result from minimal property damage with no physical injuries.Typical hit and run misdemeanor penalties may carry 6 months in county jail, fines, and victim restitution.

Felonies result when the hit and run incident causes serious bodily injury or death.Hit and Run felony penalties may include several years in prison, thousands of dollars in fines, DMV points, and license suspension.

In 2003, after falling for years, the number of hit-and-run accidents had risen dramatically in California -- and a greater percentage of drivers flee the scenes of fatal crashes here than in any other state in the nation, analysis of traffic accident data shows. The problem leapt to prominence with such tragedies as the hit-and-run deaths of two young girls, killed on San Francisco's 19th Avenue on Memorial Day of that year.

The number of fatal hit-and- run traffic deaths statewide jumped by 19 percent from 1999 to 2001, federal statistics show. Nearly 300 people are killed annually in hit-and-run accidents in the state. Hit-and-runs accounted for 7.8 percent of the state's fatal crashes in 2001.

Many people don't think much about flirting in internet chat rooms on companionship sites, but take it to the next level and you could wind up charged with prostitution, solicitation or pandering (pimping). The lack of actual face time typical of internet liaisons seems to be an invitation to lie -- about height, weight, interests, marital status, age and often intent. People reinvent themselves as the person they want to be. Their unsuspecting chat room buddy has no way of seeing through their virtual disguise. That charming person you so blithely pour your heart out to over the internet could be a prostitute, pimp, sexual predator or cop. In fact, these days law enforcement officers regularly use the internet to entrap sexual predators preying on children and teens.

Websites offering companionship services and online personal ads may in reality be cover ups for prostitution. Incidents have become so numerous that law enforcement agencies are targeting online personal ads that appear on CraigsList.org in prostitution sting operations. The unsuspecting and honest can be easily duped by these internet Lolitas and Lotharios. The loneliness common among harried, single professionals who yearn for a relationship but have no time to date can make them easy targets for sexual lies and predation. Seniors who are socially isolated, particularly after the death of a spouse, are even more at risk.

When a face-to-face meeting is eventually arranged, trusting souls eager for companionship may fail to adequately protect themselves from harsh reality. They may not realize until too late that the "friend" they are meeting is in reality a prostitute, pimp or sexual predator. They not only place themselves at risk during such a meeting, but may be unwittingly trapped in a police sting operation.

California aggressively prosecutes both the prostitute and the "John." Innocent citizens with no criminal history can find themselves accused and arrested for prostitution or solicitation through simple naivete or by being in the wrong place at the wrong time. You suffer public humiliation and the loss of your reputation. Penalties can include jail time, a criminal record, fines, loss of employment and certain licenses, loss of government or security clearances, and more. If you are being investigated or charged with prostitution, you should immediately contact a skilled criminal defense attorney.