Los Angeles Criminal Defense Lawyer Blog

Today is "Black Friday," the make or break day for most retailers. Good sales today mean staying "in the black;" that is, on the profit side of the balance sheet. Poor sales mean a ledger full of red ink and possible bankruptcy. Losses from light-fingered customers often tip the balance. Shoplifting cost U.S. retail stores $12 billion last year, and the poor economy is expected to entice even more people to shoplift or purchase stolen goods this year.

Shoplifting reports are up 12% over last year with thefts running nearly $35 million per day nationwide. The National Association for Shoplifting Prevention estimates that 1 in 11 people shoplift. In the past 5 years, more than 10 million people have been caught shoplifting from U.S. stores. While shoplifting occurs in all kinds of stores, crowded discount and "big box" stores like Wal-Mart are prime targets.

The staggering financial loss attributed to shoplifting has caused most stores, and particularly large national chains, to get tough on these petty thieves. Stores have beefed up in-house and undercover security forces for the holidays. They employ sophisticated security tags and intelligent cameras to catch thieves. They use state-of-the-art motion detectors to track carts that bypass checkout lanes as they exit the store. By e-mailing photos to each other, they work together to stop repeat offenders.

If they catch you, they come down hard. Gone are the days when stores quietly pulled shoplifters aside and gave them the opportunity to pay for or return what they had stolen. Today, retailers are cracking down on shoplifters and aggressively prosecute retail theft. If you're caught, the police are called, you're handcuffed, marched out of the store and into a police car, and driven to the station where you are booked, charged and can be jailed.

In California, shoplifting is charged as petty theft when the stolen property is valued between $50 and $400. On a first offense, it is usually charged as a misdemeanor, but subsequent offenses can be charged as felonies. Because shoplifting is documented by video and staff surveillance, defense is difficult. However, a skilled criminal defense lawyer may be able to have shoplifting charges reduced or dismissed.

Most drug crimes in California are aggressively prosecuted as felonies and carry stiff sentences, often including mandated prison time. California's tough Three Strikes Law can result in even more onerous sentences. As we discussed in our November 24 post, a number of things determine how drug offenses are charged and prosecuted, including the type and quantity of the drugs involved, whether the drugs are for personal use or sale, and any prior convictions. The circumstances of your arrest and record can also affect sentencing options. An experienced criminal defense attorney with an expertise in defending drug crimes may be able to arrange alternative sentencing.

In California, when the defendant is non-violent, treatment for drug abuse and addiction is considered more appropriate than jail time. Under the state's Substance Abuse and Crime Prevention Act (Proposition 36), first and second-time non-violent offenders charged with "simple drug possession" can receive substance abuse treatment instead of jail time. In lieu of prison, the court can order these "low-risk" drug offenders to receive one year of drug rehabilitation treatment followed by six months of follow-up aftercare. Alternative sentencing may include one or a combination of the following:

• outpatient drug rehabilitation treatment


• limited inpatient rehabilitation


• halfway house


• narcotic replacement therapy


• education classes

Other possible sentencing alternatives are Deferred Entry of Judgment (DEJ) and Drug Court. In DEJ, although the defendant pleads guilty, he is not convicted. The court holds the case for 18 months during which time the defendant must complete a 6-month drug education class and avoid arrest or conviction for another crime. If the defendant successfully completes the terms of the alternative sentence, the case is dismissed at the end of 18 months and the felony is cleared from the defendant's record.

Drug Court is a multi-phased treatment and supervision program. As the defendant successfully completes each phase of the drug treatment and rehabilitation program, he is given increased freedom. On successful completion of the entire program, the case is dismissed.

If you are charged with a drug crime, it is critical that you immediately contact an experienced criminal defense lawyer. He can review your case, prepare the best defense and may be able to arrange alternative sentencing if you are eligible.

In California, most drug crimes are charged and prosecuted as felonies (see our Nov. 21 post). Conviction carries stiff legal penalties, often including prison time, high fines, confiscation of assets, loss of driver's license and registration as a narcotics offender. Repeat convictions can result in even more severe penalties and lengthy mandatory sentences through California's Three Strikes Law.

Prior convictions, the type and quantity of the drugs involved and whether they were for sale or personal use affect how the crime is charged and punished. A few drug crimes are charged as misdemeanors such as possession of marijuana (cannabis), being under the influence of a drug and possession of drug-related items, or paraphernalia, such as pipes, bongs, etc. Nearly all other drug crimes are charged as felonies.

To convict for possession of drugs, the prosecution must prove that you knew about and controlled the drug in question. Even if drugs aren't found on you when you are arrested, you can still be convicted of a drug possession if drugs are found in your car, house or purse. Likewise, to convict of selling drugs or trafficking in drugs, the prosecutor does not need actual proof of a drug sale to convict. He need only prove intent to sell as evidenced by the presence of drug packaging in small bundles, weighing scales, cutting agents, fortified windows, or conversations with police informants, undercover officers or wiretapped conversations.

The main components that determine the severity and length of drug crime sentences are:

• Base term: Pre-determined minimum sentences set by law. For example, the base term for selling marijuana is 2 to 4 years. This means that, if convicted, you will be sentenced to serve a minimum of 2 years in jail.


• Conduct enhancements: Penalty increases for selling drugs under certain circumstances or to certain groups. For example, selling drugs near a school or to children under the age of 18 carries additional, more onerous penalties.


• Status enhancements: These relate to your personal legal status. Prior convictions and crimes committed while out on bail increase sentencing penalties.

In representing you against a drug crime, an experienced criminal defense attorney will look at how evidence against you was obtained. Your constitutional rights protect you from illegal search and seizure. Evidence illegally obtained cannot be used against you. A criminal defense lawyer experienced in defending drug crimes will challenge the way evidence against you was obtained. Success in this very technical area of law requires considerable experience and an astute knowledge of California law. If your attorney's challenge is successful, damaging evidence against you will be suppressed and the case may even be dismissed.

Next time: Alternative sentencing options

In what could become a new legal hurdle for those accused of drug crimes, the U.S. Supreme Court has agreed to hear a case involving the use of a cell phone to purchase drugs. The ultimate court of appeals, the U.S. Supreme Court will decide whether someone who uses his own cell phone to buy small amounts of cocaine for his own use is guilty of a felony. The law in question says that using a phone to facilitate a felony is itself a serious crime. At issue is whether the law should apply only to drug sellers or to drug users as well.

In California, both the sale and possession of drugs or controlled substances are illegal. Controlled substances include narcotics, stimulants, opiates, depressants, hallucinogens and anabolic steroids. Possession of any of these drugs without a valid prescription is a crime. California drug offenses fall into four main categories:

• Possession of drugs for personal use which includes being under the influence of drugs. You can also be charged for the possession of drug-related paraphernalia such as pipes, bongs, etc.


• Possession of drugs for sale, including the intent to sell as evidenced by the presence of drug packaging, weighing scales, cutting agents, traffic to and from your home, fortified windows, conversations with police informants and undercover officers. Wiretapped phone conversations from landlines, portable phones and cell phones can also be used to prove the intent to sell drugs.


• Trafficking in drugs, including the transport, import, purchase or sale of drugs or controlled substances. Aiding, abetting or conspiring with someone to sell or purchase illegal drugs is also illegal.


• Cultivation or manufacture of illegal drugs, including the planting, growing and harvesting of marijuana. Possessing the chemicals necessary to manufacture methamphetamine, rock cocaine or other drugs is also a crime.

With the exception of many marijuana cases, most drug crimes are felonies and carry stiff legal penalties. Conviction of a California drug crime can send you to county jail or state prison. Your car, home and any other assets related to a drug crime can be seized. You can lose your driver's license, be required to pay stiff fines in the tens of thousands of dollars and be ordered to register as a narcotics offender. Charges and punishment generally depend on the type and quantity of the drugs involved, whether they were for sale or personal use, and any prior convictions.

California aggressively prosecutes drug crimes. Repeat offenses can result in severe penalties. Fox example, a second offense for selling narcotics adds a minimum 3 additional years to your sentence. California's Three Strikes Law can result in even longer mandatory sentences.

Next Monday: Defending drug crimes

Paparazzi and celebrities go together like the beach and seagulls, lots of people like the beach, but seagulls aren't so great. A city councilman in Los Angeles is trying to pass new laws to both protect celebrities from having their rights violated, and make places like school zones safer for the general public.

Much ado was made when celebrities such as Julia Roberts were followed by the paparazzi to her child's school. Ms. Roberts went so far as to confront the paparazzi and try to get them to leave. Unfortunately, few, if any, are standing up for the first amendment rights of the paparazzi in this instance. Most people enjoy the celebrity Websites and glossy magazines that show the latest fashion, but in a public debate between fifty photographers and Brad Pitt, the public will usually side with the megastar.

The new law seeks to curb the actions of the paparazzi; celebrities could drop their children off at school and visit their doctors without fear of being accosted by paparazzi under a proposal introduced by a Los Angeles city councilman this week.

The proposed law, the latest effort by Councilman Dennis Zine to combat aggressive tabloid photographers, would restrict commercial photography and video recordings within 20 feet of schools, hospitals and medical facilities.

Earlier this year, the councilman proposed a "personal safety zone" around celebrities, but that effort stalled after the Los Angeles Police Department called it unnecessary and unenforceable.

Zine said legal experts have signed off on the constitutionality of his current proposal. The ordinance would not prohibit paparazzi from using long lenses. "You can make it 200 feet. With a lens, it doesn't matter," said Frank Griffin of the Bauer-Griffin photo agency.

Paparazzi have been flocking to places such as LAX recently, where as many as 70 celebrities pass through the airport each day, but most go undetected by the half a dozen photographers who wait outside the airport for tips from publicists and paid sources.

Police intervention was required only twice this year for confrontations between paparazziand famous subjects. In September, rapper Kanye West and his road manager were arrested after an altercation with paparazzi as he arrived for a flight. Two months before that, photographers surrounded a vehicle taking Britney Spears away from a terminal.

As we have previously discussed (see our Nov. 3 and Nov. 5 posts), the appellate process exists to correct judicial errors and ensure that criminal defendants receive justice. An excellent example of how an appeal can right a wrong is the recent case reported in the Dallas Morning News.

In 1996, when he was a 17-year-old high school student, Antone Lynelle Johnson was convicted of sexually assaulting a 13-year-old girl while on probation for a previous assault. He received a life sentence for what prosecutors painted during his trial as two brutal rapes. Now 31, Lynelle was recently freed when it was discovered that prosecutors withheld evidence that might have cleared him 12 years ago.

Evidence withheld by prosecutors during Johnson's 1996 trial would have raised doubts about his guilt, Johnson's criminal appeals attorney told the Texas Court of Appeals. One girl told prosecutors that Johnson didn't rape her. The other girl offered conflicting statements about her involvement with Johnson. Johnson and his appeals attorney only learned of the girls' comments this year. Some crime watchers suspect that anti-Black sentiment in Texas and community uproar over what prosecutors billed as a double rape contributed to prosecutorial misconduct during Johnson's original trial. For Johnson, the diligent efforts of his criminal appeals lawyer finally resulted in his freedom this week.

Criminal appeals are an exacting and highly specialized area of criminal law, quite different from criminal trail law. Criminal appeals require extensive research and involve complicated written and oral arguments. Appellate procedures are very different from trial procedures. No witnesses are called, no evidence is entered, no jury is involved. Only written briefs and oral arguments are used to present the appeal and sway the opinion of the court. Appeals are based solely on the written record of the original trial and hinge on specific points of law. Because of the specialized expertise involved in crafting and presenting an appeal, appeals are heard by specially trained and experienced criminal appeals attorneys. Appeals are heard and decided by a special Court of Appeals consisting of a panel of appellate judges. The appellate process can take more than a year.

With more than 30 years of experience handling criminal appeals, Kenneth H. Lewis, a respected California appeal lawyer, handles criminal appeals cases for the law offices of Stephen G. Rodriquez & Associates. Don't let your right to a criminal appeal slip away. Contact Kenneth Lewis at the law offices of Rodriguez, Lewis & Kahn now for a free evaluation.

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The Clark County Nevada district attorney's office is seeking charges against Marion "Suge" Knight in the alleged beating of his girlfriend in August. A criminal complaint being processed Tuesday in Las Vegas Justice Court charges Knight with two counts of felony drug possession and one count of misdemeanor battery.

Police say they arrested Knight, 43, after officers saw the founder of bankrupt Death Row Records beating the woman while brandishing a knife in a parking lot near the Las Vegas Strip. Authorities said the woman wasn't stabbed, but was treated at a hospital for injuries. The complaint alleges that Knight was carrying Ecstasy and hydrocodone when he was arrested. Knight was later released after posting $19,000 bail.

Domestic violence charges can be a serious issues, and any Los Angeles domestic violence defense attorney will tell you that dealing with a jury in such matters is not easy. The public often sees men accused of domestic violence as guilty, even before the trial begins. If a domestic violence charge is coupled with another charge, in this case drug possession, then it becomes even more difficult for a Los Angeles criminal defense attorney to defend the accused. To further complicate matters, in 2004 Suge Knight spent 10 months in prison for his second parole violation in two years.

It's not impossible for a Los Angeles criminal defense attorney to defend such individuals, but it's absolutely necessary for the accused to do the following:

• Contact and retain the services of your attorney immediately

• Cooperate completely with your attorney

• Be 100% honest with your attorney

• Don't talk to law enforcement without an attorney present

• Don't contact the accuser without letting your attorney know (it could be used against you)

• Find all possible witnesses to help in your defense.

Domestic violence is not an easy charge to deal with, but if you use a qualified Los Angeles domestic abuse defense attorney, your chances of avoiding jail time increase exponentially.

A Beverly Hills fashion designer, once touted as a future star of the catwalks, was found guilty of sexually assaulting seven girls and young women, capping a two-month trial that offered a sordid portrait of the fashion world.

During this jury trial, the jury was made up of six men and six women, the deliberation lasted for seven days before finding Anand Jon Alexander guilty of one count of rape and 15 counts of sexual assault and other charges.

Prosecutors said Jon, 34, faces a sentence of life in prison and will become eligible for parole after serving 67 years. In March 2007, Beverly Hills police arrested Jon after a woman accused him of rape. A grand jury later indicted him on 59 counts, but prosecutors eventually dropped more than half of them before trial, so to focus on the strongest allegations.

During the trial, prosecutors accused Jon of using the promise of modeling jobs to lure girls as young as 14 to a squalid-looking apartment in Beverly Hills, where he acted out sadistic fantasies. Prosecutors played a homemade videotape in which he asked a 17-year-old girl to strip and then sexually abused her. The girl said on the tape that she was 18 but testified in court that Jon told her to lie about her age. Others testified that Jon forced them to perform sex acts on him or that he touched them without consent. In addition to the victims in California, prosecutors called seven other women to tell jurors about alleged assaults in New York and Texas, where Jon also has been indicted.

As unpopular as sex offenses and alleged sex crimes are in society, individuals accused of sex crimes have the same rights as any other criminal defendant. These rights include the right to a jury trial, the right to cross-examine witnesses, the right against self-incrimination, and the right to produce evidence. Sex offenses include al types of sexual activities ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the less serious crime of prostitution, usually described sex for hire.

Generally, sexual assaults include unwanted physical contact with a sexual organ. Physical contact is unwanted if the victim "says no," physically objects, or was not able to give consent due to mental incapacitation.

It is not required to show that the victim physically objected. If you are accused of any sexual offense it is important that you seek the services of a criminal defense attorney with experience in these type of cases.

The Los Angeles rape defense attorneys at Rodriguez, Lewis & Kahn defend individuals facing rape charges in Los Angeles California.

Once again, the appellate court has ruled, "You can't have your cake and eat it too." In Satchmed Plaza Owners v. UWMC Hospital Corp. (2008 DJDAR 16123), the 4th District, Division 3 Court of Appeal reaffirmed that accepting the benefits of a judgment invalidates your right to appeal that judgment.

The appeals process gives those convicted of a crime the right to appeal both their conviction and the terms of their sentence where a trial error has inadvertently been made by attorneys, jurors and/or judges. A criminal appeals attorney can initiate an appeal for any number of reasons, including errors in evidence, application of the wrong law, inappropriate arguments made by attorneys, confusing jury instructions, and inappropriate sentences.

However, as Paul Fogel and Zareh Jaltorossian point out in an article posted in the Daily Journal, a convicted individual can lose his right to appeal by affirmatively or expressly waiving that right by:

• satisfying the judgment which makes an appeal moot, or


• engaging in improper conduct such as disobeying court orders or antagonizing the court.

The right to appeal can also be lost by implied waiver if the individual accepts the benefits of the judgment, Fogel and Jaltorossian point out. "The right to accept the fruits of the judgment and the right to appeal therefore are wholly inconsistent, and an election to take one is a renunciation of the other," the court said in Trollope v. Jeffries [55 Cal. App. 3rd 816, 822 (1976)].

While express waivers are pretty cut and dried, implied waivers are open to considerable interpretation by the court. The main difficulty lies in the court's interpretation of "acceptance," which may vary. As Fogel and Jaltorossian point out, "This has caused appellate courts over the years to struggle with what kind of 'acceptance' of judgment benefits qualify."

Due to the importance of the right to appeal, exceptions to the implied waiver rule are sometimes made by the courts. If an individual's acceptance of judgment benefits is involuntary or conditional, or if his acceptance is compelled by the risk or forfeiture of property interest, most courts will uphold the individual's right to appeal. Fogel and Jaltorossian cite the example of H.D. Amaiz, Ltd. v. County of San Joaquin [96 Cal. App. 4th 1357 (2002)] in which the court ruled that even though the defendant had accepted the plaintiff's funds, he retained his right to appeal because he had placed those funds in a trust account pending resolution of the appeal and had not used the money.

The point of the appeals process is to ensure that justice is done. Time and again the court has ruled against those who "try to gain an unfair advantage by accepting the favorable portion of a judgment and appealing the unfavorable portion," Fogel and Jaltorossian remind us. Because the appeals process is so complex and is laced with such complicated pitfalls like waivers and exceptions, appeals are handled by specialized appellate lawyers, not the trial attorney.

Paula Abdul, former pop music queen and current American Idol judge, was the focus of an obsessed stalker who was found dead outside of her home. The stalker had been a contestant on American Idol and was judged harshly by the panel, including Abdul.

The stalker, Goodspeed, 30, admitted she made "life-sized drawings of Paula" during her 2006 American Idol audition. Her body was found in a car that featured a license plate "ABL LV" and had a photo of Abdul hanging from the rear view mirror. Goodspeed had a history of showing up to Abdul's home and "disturbing the peace." Los Angeles Police Captain James Miller confirmed that the LAPD had been investigating her for stalking Ms. Abdul.

Stalking is a criminal offense and should not be taken lightly. InCalifornia, the definition of stalking includes a series of actions that puts another person in fear for their safety. Stalkers begin with repeated, bothersome behavior toward another individual or celebrity by means of the Internet, personal contact, telephone, cell phone, email, facsimile, or other methods of communication. When this unwanted behavior persists, it is considered stalking and punishable by California Law.

InCalifornia, stalking can be a felony or misdemeanor, and the second misdemeanor conviction for stalking has 4 year maximum. The California Stalking Law Penal Code Section 646.9 has greatly evolved over the past fourteen years and has become more increasingly harsh in defining and addressing this crime.Californianow has one of the strongest stalking laws in the country. From 1991 through 1993, stalking was a misdemeanor punishable by only one year in county jail when no restraining order was in place. Under the current law, a first-time stalker can be sentenced to a felony charge and sentenced to State Prison for up to three years. If a court or restraining order is in effect, the stalker can be sentenced up to four years in prison or if he has previously been convicted of felony stalking or other related crimes, he could face up to five years in prison.

Fears that President-elect Obama will push for more restrictive gun laws after his inauguration in January have sent gun sales shooting through the roof. Recently released FBI statistics show a significant increase in gun purchases since the election earlier this month. Criminal background checks for gun buys have jumped 49% over this time last year. In fact the increase may be even greater since more than one gun can be purchased on a single background check. Statistics on national instant criminal background checks show that 374,510 people purchased a handgun or long gun during the first week in November, compared to 251,804 during the same week last year.

The FBI says that gun purchases have been running higher than normal all year. More than 6.9 million guns have been purchased to date nationwide, a 7% increase over 2007. Gun shops across the country have reported record sales since the election. They're scared to death of losing their rights," said David Hancock, a gun shop manager, noting that his gun sales doubled over the last week. Although gun sales typically increase during fall hunting seasons and lag in the summer, October sales were up unusually high -- 15% over last year. November and December sales are expected to follow suit and may even increase as people buy guns for holiday gifts and complete gun purchases before the change in administration.

National Rifle Association Chief Executive Wayne LaPierre attributes the buying onslaught to fears that an Obama administration and Democratic majority in Congress will drastically increase taxes on gun sales or ban certain weapons. "I think they're going to really try to crack down on guns and make it harder for people to try to purchase them, said gun enthusiast Rachel Smith of Virginia who plans to purchase five guns before January. She said she's taught all five of her children, aged 4 to 10, to shoot.

Although it's too soon to see if an increase in gun sales will lead to increases in gun crimes, law enforcement officers are watchful. Historically, more guns on the streets usually means more crimes committed with guns and more violations of gun law. In California, weapons charges are serious and are aggressively prosecuted. Most gun violations result in jail time and expensive fines. Conviction of a gun violation usually results in a criminal record which can affect your ability to obtain employment and housing. If you are charged with a weapons violation, consult a skilled Los Angeles weapons lawyer right away to protect your rights.

AWattsman was arrested for attempted murder, charged with shooting a police officer. The man barricaded himself in a home inWattsfor several hours after allegedly shooting an officer who survived because he was wearing a bullet-resistant vest. The accused was booked on suspicion of attempted murder of a police officer, authorities said. He was being held in lieu of $1-million bail.

Los Angeles criminal defense attorneys with experience and knowledge know how to defend such individuals. A top-notch criminal defense attorney will look at issues such as evidence of the crime, intent and collection of evidence in order to put forth a good defense. Attempted murder will lead to years of prison time if convicted.

In order for a person to be found guilty of attempted murder, it must be proven that the defendant acted "deliberately and intentionally or recklessly with extreme disregard for human life." In other words, the person attempted to kill someone or did something that was a substantial step toward committing the crime. Preparation to commit the crime is not considered a substantial step toward committing a crime. In some cases, a charge of assault with a deadly weapon or an assault with attempt to cause grave bodily injury (GBI) will be charged as an attempted murder if the injuries are serious or the potential for serious injury is great.

Attempted murder is the crime of more than merely preparing to commit unlawful homicide and at the same time having a specific intention to cause the death of human being.

Britney Spears is turning the tables on the league of paparazzi that haunt celebrities. Fed up with the increasingly aggressive tactics of the paparazzi who seem to dog her every step, the pop diva has started handing out weekly awards dubbed "Paparazzies" on her website Britneyspears.com. A clever play on the infamous Golden Raspberry Awards, or Razzies, awarded annually for the film industry's worst achievements, Spears' Paparazzies are aimed at calling attention to the most flagrant paparazzi excesses.

"Terrorizing Britney has unfortunately become a daily part of the paparazzi's lives," the site notes. "So we've decided to start calling these maniacs out each week." The first honor went to a photographer caught on video mooing Mary-Kate Olsen.

Like many celebrities, Mary-Kate and Ashley Olsen have been relentlessly pursued by paparazzi, particularly since moving to New York City. Aggressive paparazzi are a constant source of anxiety. "Honestly, I'm a wreck," Ashley said. "Every time I see a camera, I'm a wreck." When surrounded by a mob of camera-flashing paparazzi, Ashley explained, "I don't tend to react as though 'I have to do this, it's my job.' I am reacting as a woman who is 5-foot-1 whose space is being invaded by a bunch of men whose aggression I can literally feel."

Overly-aggressive pursuit of celebrities can land paparazzi in jail. Supported by tough California laws, celebrities are fighting back against the invasion of their privacy. Under California law, paparazzi who abandon the ethical laws of journalism can be charged with felonies and misdemeanors, some of which can result in a jail sentence. Some examples of charges under California's paparazzi laws include:

• Criminal trespass, such as breaking into a celebrity's home, crashing a private party or taking telephoto pictures of a celebrity in his home.


• Assault, including using a camera as a "deadly weapon" to threaten a celebrity or putting a celebrity at risk by aggressively pursuing him in a vehicle.


• False imprisonment from interfering with a celebrity's freedom of movement.


• Stalking by repeatedly following and harassing a celebrity.


• Battery resulting from use of force or violence against a celebrity.

Paparazzi who join forces to trespass and take pictures of celebrities in their homes can also be charged with conspiracy which can result in a double charge. Each individual can be charged with making the agreement and the implied intent to trespass, then charged a second time for actually committing the illegal act.

If you are charged with a paparazzi crime, do not attempt to talk your way out of the situation. Talking to law enforcement officers without first consulting an attorney is a mistake. Seek the immediate counsel of a skilled felony criminal defense attorney.

In Los Angeles, gang activity is on the rise. For example, in Van Nuys a man was wounded in a shooting in an apparent gang-related hit. Allegedly, a car pulled up in front of the wounded man and someone inside yelled a gang slur and then shot him.

In such a situation as this, various charges can be brought against the accused. For the shooting, attempted murder can be brought, or (if the victim dies) murder or manslaughter. The gun can bring a weapons charge.

Attempted murder will bring heavy jail time, even more coupled with other charges. Weapons charges can be severe, especially for alleged gang members, whether it's possession, brandishing or using the weapon.

Gang related convictions not only bring more severe penalties, but they could even lead to having the convicted sent to prison outside their geographic area. Since the 1980s many states have adopted legislation and laws specifically drafted to combat street gangs and to make it easier to prosecute their offenses. California has led the nation in laws written to prosecute gangs, but many US states have their own laws.

In California, all murder which is perpetrated by means of a destructive device or explosive, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree. As used in this section, "destructive device" means any destructive device as defined in Section 12301, and "explosive" means any explosive as defined in Section 12000 of the Health and Safety Code. To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act.

Within the last few years, veterans of the War in Iraq have returned, and criminal defense attorneys in Los Angeles and Southern California have begun to handle matters involving those veterans. In one such tragic case, the father of an Iraq war veteran accused of beating his girlfriend to death has been charged with threatening one of the woman's friends during a courthouse confrontation. is scheduled to be arraigned next month on one misdemeanor count of making criminal threats and one misdemeanor count of battery. The charges carry a maximum penalty of 18 months in jail.

The man was at the Orange County courthouse in Santa Ana on Sept. 26 awaiting his son's arraignment in the slaying of the girlfriend, an aspiring model who was found barely breathing over Labor Day weekend in the San Clemente condo where she lived. The arraignment was scheduled for early that morning but was delayed twice because deputies, hampered by logistical problems, did not bring the defendant from the jail to the courthouse until late afternoon.

In the battery case, the man is accused of yelling profanities at the woman and threatening to kill her while accusing the victim of being a prostitute. He allegedly pushed her male friend as he tried to step between them. After the father was taken into custody, his son pleaded not guilty to murder.

Battery is "unwanted touching or striking of another person, or anything connected to that person." Battery is a willful violent act which causes physical harm. Battery with Injury is when a battery is committed against another person and serious bodily injury occurs the battery can be charged either as a misdemeanor or felony.

Whether you're convicted of a misdemeanor or felony assault or battery, you could face any or all of the following:

• County jail or state prison time

• A permanent criminal record

• Significant fines

• Probation

• Parole

• Mandatory anger management classes

• Losing your right to own a deadly weapon

• Being turned down for employment after you're released

• Lifetime revocation of your California Driver's License

Assault and battery convictions can be charged as "Strikes" in California and fall under the Three Strikes Law. This means your sentencing will be worse if you had prior assault and battery convictions (or any other convictions such as drug or weapons possession); or you were on probation or parole at the time of the crime. A convicted felon with a prior strike will face a doubled prison sentence for any future strike convictions.

AnEagleRockHigh Schoolfootball coach allegedly was assaulted by a disgruntled former player who graduated last year, officials said Friday. It was the latest episode in a series of conflicts related to the firing of the previous head coach. The coach was bending down to pick up a ball when a young man struck him from behind during practice Thursday afternoon, witnesses told school Principal Salvador Velasco. The coach, who used his walkie-talkie to alert school officials, suffered minor injuries, Velasco said. Assault is "the unlawful attempt to violently injure another person." Threats and attempts to physically injure someone qualify as an assault. Assault and Battery cases range from simple confrontations and bar fights to domestic violence and assault and battery with a deadly weapon. UnderCaliforniacriminal law, charges for these offenses range from misdemeanors to felonies, and include:

• Assault: (simple Assault) an unlawful attempt, coupled with present ability to commit a violent injury upon another person. Can only be charged as a misdemeanor.
• Assault on a police officer: an unlawful attempt to commit a violent injury upon a police office, firefighter, EMT, or code enforcement officer.
• Assault with a Deadly Weapon: using a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). Can be charged as a misdemeanor or felony. A conviction for this offense may be considered a 'Strike" under the California Three Strikes Law. Use of a car as a deadly weapon could mean lifetime revocation of your California Driver's License.
• Assault with a firearm: an assault on another person with a firearm. Can be charged as a misdemeanor or felony.

AnEagleRockHigh Schoolfootball coach allegedly was assaulted by a disgruntled former player who graduated last year, officials said Friday. It was the latest episode in a series of conflicts related to the firing of the previous head coach. The coach was bending down to pick up a ball when a young man struck him from behind during practice Thursday afternoon, witnesses told school Principal Salvador Velasco. The coach, who used his walkie-talkie to alert school officials, suffered minor injuries, Velasco said. Assault is "the unlawful attempt to violently injure another person." Threats and attempts to physically injure someone qualify as an assault. Assault and Battery cases range from simple confrontations and bar fights to domestic violence and assault and battery with a deadly weapon. UnderCaliforniacriminal law, charges for these offenses range from misdemeanors to felonies, and include:

• Assault: (simple Assault) an unlawful attempt, coupled with present ability to commit a violent injury upon another person. Can only be charged as a misdemeanor.
• Assault on a police officer: an unlawful attempt to commit a violent injury upon a police office, firefighter, EMT, or code enforcement officer.
• Assault with a Deadly Weapon: using a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). Can be charged as a misdemeanor or felony. A conviction for this offense may be considered a 'Strike" under the California Three Strikes Law. Use of a car as a deadly weapon could mean lifetime revocation of your California Driver's License.
• Assault with a firearm: an assault on another person with a firearm. Can be charged as a misdemeanor or felony.

It's appalling when the very people charged with protecting society abuse their powers and cause harm to the people they are assigned to protect. Some would argue that it happens every day in Washington, but it's an unusual occurrence when the perpetrator is a member of the Los Angeles Police Department. In October, LAPD Officer Russell Mecano, part of the West LA Patrol Division, was indicted by the Los Angeles County Grand Jury for sex crimes committed or initiated while on duty and in uniform.

Mecano was immediately arrested and is out on bail awaiting his December 12 arraignment. LAPD has relieved the officer of his police powers and assigned him to his home pending the outcome of criminal and LAPD internal affairs proceedings. Mecano was indicted on four charges:

• Solicitation of prostitution


• Sexual battery by unlawful restraint


• Penetration by a foreign object by a public official


• Penetration by a foreign object under duress

An 18-year-old woman has accused Mecano of offering to trade sex for squashing her arrest. Stopped for possession of drug paraphernalia, Mecano allegedly told the woman he would not arrest her if she had sex with him. She has accused him of sexually assaulting her near the Palisades Branch Library and said he also ordered her to meet him at a motel later. The distraught young woman reported the incident to officers at the West Los Angeles police station.

LAPD is asking other victims or anyone with information to contact Internal Affairs investigators toll free at 800-339-6868 or the LAPD 24-hour tip line at 877-LAPD 24-7 (877-527-3247). Victims may be asked to identify their attacker from a photo lineup.

Sex crimes are vigorously prosecuted in Los Angeles and California. Sex offenses include rape, prostitution, child molestation, indecent exposure, solicitation, pornography and sodomy. If you are accused of or charged with committing a sex crime, it is important that you immediately consult with a skilled criminal defense lawyer with experience in litigating sex crimes. The penalties for conviction of a sex crime are serious and life changing. Early legal representation can be critical in providing the best defense.

Comedian Katt Williams has been arrested on weapons charges in midtown Manhattan after police say they pulled him over for driving a car without license plates.

The 35-year-old performer was released on bail Thursday in time to make it for his show at Carnegie Hall. He told the audience that he "just got out of jail."

Police say a handgunwas found in Williams' car after he was stopped for the alleged traffic violation. Williams is best known for his role in the movie "Friday After Next" and for his appearances in rap videos. He also voices "A Pimp Named Slickback" in "The Boondocks" animated television series.

Gun and other Weapons charges in California include:

• Possessing a Gun (concealed, loaded or otherwise with no permit)


• Possessing a Firearm by an Ex-Felon (concealed, loaded or otherwise with no permit)


• Possessing an Assault Weapon


• Possessing a Weapon((illegal weapons include knives, daggers, brass knuckles, nunchucks and other martial arts weapons)


• Brandishing a Firearm


• Discharging a Firearm


• Selling a Firearm (unlawful sale)


• Using a Gun in Committing a Crime (assault, robbery, drug offenses)

Gun/weapon charges are aggressively prosecuted in California. Most carry the prospect of jail time (or state prison), expensive fines, and a criminal record that may make it difficult to obtain employment and housing.

Call us immediately if you're facing a weapons charge. We'll arrange for a free consultation to discuss the specific facts of your case.

After going to the polls to make major decisions about California's laws, here is an update of how this election will affect the legal world of the state.

Proposition 5, which would have allocated $460 million a year to treat perpetrators of nonviolent drug-related crimes, was defeated. Backers said society would see more benefit from treatment than incarceration, while opponents contended the measure would decriminalize drugs and let dangerous criminals avoid jail.

Meanwhile, an effort to boost police funding by up to $965 million a year under Proposition 6 also lost. Backers argued that law enforcement receives too little state money, but foes said the measure would have stripped funding from more important priorities such as schools.

Los Angeles criminal defense attorneys watched both of these issues closely, and it was a mixed bag. While fewer police means fewer arrests, not being able to send drug offenders to rehab is a major headache.

Los Angeles criminal defense attorneys were unhappy however with Proposition 9, a bid to boost the rights of crime victims and restrict early prisoner releases, which won approval. The measure will provide mandatory restitution to victims, allow them to avoid cooperating in a criminal defense, boost the maximum wait for a parole hearing to 15 years, and let an unlimited number of a victim's family members testify at parole hearings.

Opponents argued that such changes would prove burdensome to the criminal justice process, improperly make victims party to criminal cases, potentially violate offenders' constitutional rights and increase incarceration costs.

As we noted in our November 3 post, courts do sometimes make mistakes. Criminal defendants have a constitutional right to appeal their conviction. Through the appellate process, a higher court -- the Court of Appeals -- reviews court proceedings and sentences. If a judicial error has been made, the Court of Appeals can correct the error by overturning the guilty verdict, ordering a new trial or modifying the sentence.

Some of the mistakes that can be corrected by an appeal include:

• Harsh sentences


• Faulty arrests


• Faulty search warrants


• Insufficient evidence


• Improper wiretaps


• Incorrectly applied laws


• Faulty jury instructions


• Removal of minority jurors


• Failure to identify informants


• Incompetent counsel


• Prosecutorial misconduct

Unlike trial courts where criminal cases are originally heard, the Court of Appeals rules only on the trial record and oral arguments. The case is not retried, new evidence cannot be admitted, and no witnesses are called to testify. The strength of the case depends entirely on issues of law in the written record of the original trial and the expertise of the appellate attorney. In most cases, the Court of Appeals is the defendant's last opportunity for justice. While the U.S. Supreme Court and the Supreme Court of each state are the final arbiters of law, they accept only a minute number of cases each year, meaning that most appellate court decisions stand.

Appeals are such a specialized area of law that criminal defense attorneys usually guide their clients to an experienced criminal appeals attorney who has the specific legal experience and expertise necessary to navigate the complicated appellate process. It is the criminal appeals lawyer, not the original trial lawyer, who represents defendants before the Court of Appeals.

How does the appeal process work? Within 60 days of sentencing, a Notice of Appeal must be filed. Bail can be requested to keep the defendant out of jail while his appeal is being considered, a process that can take six months to a year. The court clerk and reporter prepare a Record on Appeal, a copy of all original court records and transcripts, on which the appellate proceedings will be based.

Written documents called Briefs are prepared by both the Court of Appeals lawyer and prosecutor. These documents detail the legal arguments that support reversal of the defendant's conviction or sentence. Each side then presents Oral Arguments before the court which eventually issues a Decision. An aggressive criminal appeals attorney with proven experience will have the specialized expert skills required to present an effective and convincing argument before the Court of Appeals that can result in an overturned conviction.

A member of the paparazzi claimed that Keanu Reeves, the star of "The Matrix," "Speed" and "Bill and Ted's Excellent Adventure", struck him with his Porsche in March 2007, causing him to fall and injure his left wrist.

After deliberating for less than three hours, jurors unanimously rejected the civil lawsuit Monday, ruling that Reeves is not responsible for the paparazzi's alleged injuries. The paparazzo had asked the jury to award him $711,974, which includes medical bills, lost wages and punitive damages.

A radiologist told jurors the wrist fracture appeared to be an old injury, and an emergency room doctor said the paparazzi admitted hurting his wrist playing soccer as a youth in Brazil.

The hazards of being a member of the paparazzi have increased over the year's, as the public and politicians have often sided with celebrities in handling the photographers. Celebrities are bringing criminal charges against those who invade their privacy. In California paparazzi photographers have a First Amendment right to photograph celebrities and other public figures in public places. However, if these paparazzi photographers use aggressive tactics to capture those pictures and break the law, the paparazzi photographer could be facing criminal charges for the following:

• False Imprisonment
• False Imprisonment
• False Imprisonment
• False Imprisonment
• False Imprisonment
• False Imprisonment
• False Imprisonment

If you are charged with any of the above-mentioned crimes during the course of your work as a professional photographer, immediately hiring an experienced Paparazzi criminal defense attorney is critical to a successful defense. A skilled and experienced Los Angeles Paparazzi criminal defense attorney involved early in the process can evaluate the strengths and weaknesses of your case and can start to prepare your defense.

The American justice system isn't perfect. Sometimes errors are made during the court process that can result in unfair criminal convictions. The California criminal appeals process can correct court errors and overturn wrongful criminal convictions.

In the United States, a convicted criminal defendant has the right to challenge that conviction. This challenge is called an appeal. Appeals are heard in special appellate courts that review and have the power to change decisions made in lower trial courts. On the state level, the Court of Appeal is an intermediary court that sits between the trial courts and the state supreme court. On the federal level, appellate courts are organized into geographical regions called circuits. Federal convictions are appealed to the United States Court of Appeals for the particular circuit that has jurisdiction over the case. On both state and federal levels, because state supreme courts and the U.S. Supreme Court choose to review only a minute number of cases each year, the Court of Appeals is likely to be a defendant's last chance to receive justice.

Through an experienced criminal appellate lawyer, convicted defendants can challenge their conviction on two fronts: the conviction itself or the trial court's sentencing decision. Unlike trial courts, appellate courts decide issues of law, not issues of fact. The appellate attorney may not present new evidence, call witnesses or retry the case. The Court of Appeals considers only written and oral arguments based on the written original trial record. Incorrect application of a law, improper jury instructions and insufficient evidence to support the verdict are among the points of law on which the appellate court may rule. Rulings typically take 8 to 12 months.

Because appeals must rely on the written record of the original trial, it is vital that the trial record be comprehensive and complete. The appellate attorney must base his entire appeal on the record made in court by the previous criminal defense lawyer. The more complete the trial court record, the more material the appellate attorney will have to work with in searching for possible mistakes made by the court, and the better the defendant's chance for a successful appeal. Successful appeals can result in the court ruling that the conviction be overturned. A new trial date can be set for reprosecution or the defendant can be resentenced. The skill and experience of the appellate attorney are critical to achieving a successful result.