Los Angeles Criminal Defense Lawyer Blog

New Year's Eve is a tradition party night. Despite the poor economy, Americans are still planning to party hearty. Restaurants and hotels report that New Year's Eve reservations haven't suffered from the poor economy. It seems like most people just want to put 2008 behind them and forget, for one night, all the problems they have to face. Unfortunately, many people will strive to forget their problems by drowning them in alcohol. And many people, despite the fact that they know better, will drink and drive tonight. New Year's Eve is one of the most hazardous times to be on America's roadways.

You have only to look at the statistics to see that alcohol and driving don't mix. Drunk drivers kill more than 16,000 people every year. Every 39 minutes someone dies in an accident caused by a drunk driver. One-third of all U.S. traffic fatalities are caused by alcohol-impaired drivers, and one-fifth of all children killed in car crashes are killed in alcohol-related accidents. Add in the fact that four times as many alcohol-related traffic accidents take place at night than during the day and there's ample reason to stay off the roads tonight.

It's a myth that drinking beer or wine won't get you as drunk as drinking hard liquor. Standard drinks vary in volume, but they pack the same wallop. A 1.5 fl. oz. shot of liquor, a 5 fl. oz. glass of wine and a 12 fl. oz can of beer all contain the same amount of alcohol, .6 fl. oz. And all will affect your ability to function properly. When you're partying tonight, watch for signs of inebriation, including euphoria, relaxation, talkativeness, decreased inhibition, slurring or words, dizziness and balance problems.

Even one drink of alcohol affects alertness, judgment, coordination, concentration, reasoning, reflexes, depth perception, distance acuity, peripheral vision, glare recovery, reaction time and gross motor control -- all the abilities necessary to drive safely. Depending on weight, sex and body fat, a person can test legally drunk (.08 blood alcohol content) after just one-and-one-half to two drinks; and it can take 1.5 to 3 hours to regain sobriety.

If you plan to party tonight, travel with a designated driver or take a cab. The penalties for DUI and DWI in Los Angeles and the State of California can be severe. If you're in an alcohol-related accident, immediately contact the law offices of Stephen Rodriguez.

Robbery crimes in California are rampant, in part because of the current economic crisis and in part because of the level of wealth in homes around Los Angeles. Rich neighborhoods such as Bel Air, Beverly Hills and Malibu are not too far away from lower class neighborhoods. Those who live in the San Fernando Valley have even less distance in neighborhoods that are considered upper and lower class.

Los Angeles robbery attorneys constantly represent those accused of robbery crimes and understand that the "haves" fight to pass strict laws to protect their possessions from the "have nots." Unfortunately, there are seriously violent crimes (such as armed robbery) which make all those accused of robbery, grand theft or petty theft as horrible human beings with evil intent. For example, Los Angeles police were looking for five armed home invaders who wore ski masks as they terrorized members of a large, extended family and robbed them of several thousand dollars. Two residents were pistol-whipped and required hospital treatment, according to the owner of the invaded house.

The robbers ransacked the house in the 7700 block of Owensmouth Avenue until they found some $5,000, which she said was intended to pay the home mortgage in January. Residents include several boarders to who rent rooms in the house, most of whom are from Central America. Police said detailed suspect descriptions were not immediately available, but one of the victims said he believed the home invaders were American- born Latinos. Investigators speculated that the invaders may have been part of the West Valley's Canoga Park Alabama gang. At the time of the robbery, at least eight people were inside the home, some of them small children

In criminal trials, prosecutors often seek to demonize the accused in order to get harsh sentences passed. Los Angeles criminal defense attorneys such as Stephen Rodriguez specialize in representing the accused in all manner of robbery and other criminal defense trials.

Kids are home from school with time on their hands. They get to joshing around and come up with some crazy idea that they think is hysterical. A prank is born. On the surface these teenage antics seem harmless enough, but every year silly pranks get people killed.

Every year seemingly harmless pranks go wrong and people get hurt or carted off to jail and some people die. What your teen and his friends think is funny may be considered a malicious act of vandalism by stressed home or business owners. Unsuspecting victims not in on the joke often mistake the situation for real and act accordingly. Panksters have been mistaken for burglars and shot. Roadway hazards have caused fatal accidents. Sometimes through pure chance pranksters prey on the wrong person. Pranksters have been chased and beaten and even killed by their enraged victims.

Consider these pranks gone wrong:

• High school students placed a deer decoy in the middle of the road. The 16-year-old driver who came around the bend swerved to avoid the "animal" and crashed into a tree, suffering permanent brain damage and killing his passenger. While some of the pranksters received probation, two were sentenced to prison.


• A group of 20-year-old boys was pelting passing cars with eggs. One irate victim chased the boys, shooting and killing one of them.


• A high school junior was mistaken for a burglar while tying fishing line to a neighbor's door knocker so he could "knock" from afar. The frightened neighbor shot and killed him in the dark.

"You just can't risk it," said Daniel Domenech, executive director of the American Association of School Administrators. "You don't know what's funny from what could be dangerous."

Pranks can result in charges of vandalism, destruction of property, assault or worse. A group of high schools carrying out a senior prank were charged with planting bombs, a felony, when they laced their high school with alarm clocks set to go off at a pre-arranged time. Every year students are suspended, expelled and barred from graduation for committing pranks or acts of vandalism on school property.

The risk that prank victims will fail to see the humor in the situation is real. Every year pranksters wind up in court or in the hospital, and some pay for their wayward sense of humor with their lives. Juvenile pranks can lead to conviction of a crime and a criminal record. Representation by a skilled criminal defense attorney may make the difference between probation and community service and a life-changing criminal record and jail sentence.

It's a horrific tragedy. That it occurred on Christmas Eve in the midst of a joyous family celebration makes it even more tragic.

Stung by a bitter divorce, on Christmas Eve Bruce Pardo dressed in a Santa suit and drove to his former in-laws' home on a quiet cul-de-sac in Covina, 22 miles east of Los Angeles. More than 25 members of the extended Ortega family, many of them young children, were gathered for their traditional Christmas Eve celebration. Adults were sharing the latest family news. Presents were being passed out to excited children. The table was spread with tasty holiday treats.

Relatives had been arriving all night. So when the doorbell rang at 11:30 p.m., one of the children ran to open the door. Pardo shot her in the face and proceeded to systematically shoot his way through the house, killing at least 8 people, including his ex-wife and her parents. Others were critically injured. He then sprayed the home with a fire accelerant and set it ablaze. In moments flames were shooting into the sky. Family members escaped by smashing through glass and jumping out of windows.

Police found Pardo hours later at his brother's house in Sylmar in Los Angeles. In an apparent suicide, Pardo died of a single gunshot to the head.

Police are still working to identify bodies found in the ashes, some from dental records. Some family members are still missing and others remain in the hospital in critical condition. There is speculation that the bitter divorce and a possible recent job loss may have pushed Pardo over the edge. Police are still investigating.

It's impossible to know if this most senseless of tragedies could have been avoided. Domestic violence charges can be brought when one party feels threatened or intimidated by the other. Threats, stalking, physical assault and abuse, annoying phone calls, sexual abuse, verbal abuse, emotional cruelty, financial abuse and social abuse are all actionable under domestic violence laws. Courts can order counseling, community service, fines, "No Harm No Strike" orders, restraining (stay-away) orders and even jail time in cases of domestic violence. To learn more about your rights, contact experienced criminal defense attorney Stephen Rodriguez.

During hard economic times cons and scam artists seem to crawl out of the woodwork. Police are warning the public about two old scams that have resurfaced to claim new victims. Both scams have been occurring in public parking lots with con men approaching victims and asking for money.

In a take off on the old bait-and-switch scam, the victim is approached by an individual or couple claiming to be down on their luck who are selling an expensive diamond ring. Together they have the ring professionally appraised to verify its value. But after the victim pays cash for the ring, the con man manages to switch rings and the hapless victim walks away with a cheap imitation.

In a twist on the Nigerian letter scam, the victim is approached by a person claiming to be working with a charity and trying to send money back to their home country, most recently Kenya. The con man asks the individual to hold a large sum of money and to withdraw from their bank account several hundred dollars in "good faith" money. The con man then asks the individual to donate the money to charity so it can get to Kenya while appearing to wrap a large wad of cash along with the individual's money in a towel. When the individual unwraps the towel, all he finds is a rolled up newspaper.

"Neither one of these (scams) are original," said a police spokesperson. "The victims let their guard down."

Similar cons have been around for hundreds of years. "Scams go back to the hieroglyphics," said Michael Deppe of Professionals Against Confidence Crime. Suspects are often difficult to catch because they leave town after taking people's money. And many confidence crimes go unreported because people feel foolish for being taken in. Out of every 500 scams, fewer than two people go to jail, said Deppe.

While experts say many con men target the elderly because they are considered more trusting and often have large sums of money available, police warn that anyone can become a victim. Con men use a gift of gab to engage their victims and sleight of hand to trick them. Scammers bank on the gullibility of their victims and count on that little bit of greed that lurks in our all-too human hearts. People who fall victim to con men are often enticed by the chance to get something of great value at an incredible bargain. Unfortunately, it's usually the victims who are left holding the bag.

Beware of con men. In California, scams are considered a form of fraud and may be charged as theft. If you are charged with fraud or theft, consult skilled criminal defense attorney Stephen Rodriguez about your rights.

Spiking your holiday eggnog could be getting a little pricier. Governor Arnold Schwarzenegger recently proposed raising California's alcohol tax by a nickel a drink. Cash-strapped states are scrambling to find ways to raise funds to avoid cutting critical services to residents. California is the 27th state this year to focus on alcohol taxes as a money maker. Last week the Governor suggested increasing the state tax on beer, wine and liquor to help prevent a $40 billion shortfall in the state budget. Schwarzenegger said the tax increase would generate $900 million in new revenue over the next 18 months.

While some states like California are using booze to raise money by increasing existing taxes, others are boosting state revenues by lifting Prohibition-era bans on Sunday liquor sales. Colorado, which made Sunday liquor sales legal this summer, attributes a 7% increase in the state's excise tax returns to Sunday alcohol sales. Unlike some states which dump alcohol revenue into a general fund, California lawmakers have pledged to use the money generated from the 5-cent tax increase to fund drug and alcohol abuse treatment and prevention programs. Without the tax increase, these programs are in jeopardy of being eliminated from the state budget.

Since the prohibition, states have turned to alcohol for tax revenue. Today, about 50% of the purchase price of a bottle of liquor goes to taxes and fees. Industry experts estimate that the Governor's proposed tax increase would increase the cost of beer and wine by more than 8%. Critics charge the increase would negatively impact the state's hospitality industry and could result in the loss of 20,000 jobs and $1 billion in sales revenue. Proponents suggest that like increasing tobacco taxes, increasing taxes on alcoholic beverages could lead to a decrease in alcoholism and drunk driving accidents.

In California, driving under the influence (DUI) and driving while intoxicated (DWI) can have serious consequences. Conviction can result in expensive fines and fees, loss of driving privileges, even jail time. With so much at stake, it's important to contact an experienced criminal defense attorney if you are charged with DUI or DWI. Repeated drunk driving offenses can result in a charge of negligent operator which can result in long-term suspension of your license.

Just as thousands of Americans are poised to hit the highways this weekend, California Attorney General Edmund Brown has announced an agreement with MillerCoors to stop "the growing and widespread use" of caffeine-spiked alcoholic beverages. Marketed specifically to young adults, the attorney general and law enforcement officials have become increasingly concerned about the effects of mixing high amounts of caffeine with alcohol, particularly in beverages flavored to promote high consumption.

Under pressure from 13 states and the City of San Francisco, MillerCoors has voluntarily agreed to reformulate its caffeine-laced Sparks brand alcoholic energy drink. In announcing the agreement, Brown said, "With this agreement, we're shutting down 90% of the market in caffeine-spiked alcoholic beverages. The growing and widespread use of caffeine mixed with alcohol can distort judgment, weaken inhibitions and encourage risky behavior, especially in young people."

Alcoholic energy drinks mix alcohol with caffeine, guarana, taurine or ginseng. Ranging from 6% to 12% alcohol by volume, they typically contain more alcohol than most beers but the stimulating effect of the caffeine in these beverages masks feeling of intoxication. While the drinker may feel alert, reaction times, concentration and motor skills are reduced. The combination makes consumers of these beverages more likely to feel competent about their driving abilities when they have been drinking. A study by Wake Forest University School of Medicine researchers found that students who consumed alcoholic energy drinks were twice as likely to be involved in an alcohol-related traffic accident and be charged with DUI or DWI.

An arrest for DUI (driving under the influence) or DWI (driving while intoxicated) can have serious consequences, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. Approximately 1.5 million U.S. drivers are charged with DUI or DWI every year. Drunk driving cases are complicated and the procedures confusing. In California, a charge of drunk driving actually involves two cases, the criminal proceeding and a Department of Motor Vehicles hearing. Conviction can result in hefty fines and penalties, loss of driving privileges and even jail time. With so much at stake, it's important to hire a criminal defense lawyer experienced in handling DUI/DWI cases to represent you.

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Sex offender registries are often inaccurate and incomplete, federal investigators found during a recent audit. Due to incompatibility between some state registries and the FBI's national registry, 22% of state-identified sex offenders go unreported to the national data base. U.S. Justice Department investigators warned that inaccurate and missing data are preventing police and the public from accurately identifying dangerous pedophiles and other sex crimes offenders in their communities.

"As a result, members of the public will not have the information they need to assess the threat posed by sex offenders in their communities," cautioned a statement issued by the Justice Department's Office of Inspector General.

With 114,000 registered sex offenders, twice that of Florida and 10 times that of North Carolina, California leads the nation in number of registered sexual predators. Errors in the state or national data base may put communities at risk but may also unfairly target innocent individuals, warned criminal defense attorney Stephen Rodriguez.

Since the mid-1990s multiple sex offender registries have sprung up across the nation, including the National Sex Offenders Registry maintained by the FBI and individual state registries operated by each of the 50 states. There are wide variations in the information included, who may use the directories, how they can be searched and how locations are reported. For example, California provides sex offender locations by proximity to local parks or schools. North Carolina locates offenders by less helpful latitude and longitude.

Investigators also found that some state files are rejected by the national data base due to inconsistencies in data reporting and formatting. They concluded that sex offender records are "inconsistent and incomplete."

"Neither law enforcement officials nor the public can rely on the registries for identifying registered sex offenders, particularly those who are fugitives," investigators concluded. The audit revealed that some communities purposely omit warrant information from registry data to avoid the expense of extraditing undesirable fugitives they don't want living among them. Some communities also omitted data to avoid revealing that a large number of sex offenders reside within their boundaries.

Inaccurate registry data hampers police investigations and places community residents at risk. It also unfairly stigmatizes individuals who are inaccurately reported to be sex offenders. Under a law passed in 2006, states have until next year to meet national sex-offender registration standards.

California has some of the harshest sentencing guidelines for drug offenses in the United States. Having illegal drugs on your person or in your house or car is defined as possession and you can go to jail for it. Crimes involving illegal drugs or controlled substances in Los Angeles can be any of the following:

• Possession for Personal Use
• Possession of Drugs forSale
• Trafficking (transporting, buying, selling)
• Distributing
• Cultivating or Manufacturing
• Conspiracy to do any of the above

There are many smaller drug offenses, such as carrying small amounts of marijuana, but larger offenses will be considered felonies and carry heaving jail time. For example, during a routine traffic stop in Ohio, police seized nearly $3 million worth of marijuana.

While talking to the driver, the deputy said he could smell marijuana. A K-9 dog assigned to him also detected the drug. When deputies searched the van, they found 181 packages of marijuana weighing a total of 1,500 pounds. The sheriff's office estimated the drugs' worth at about $3 million. The man operating the vehicle is charged with trafficking in drugs. His bond was set at $100,000.

DRUG TRAFFICKING

California drug traffic laws prohibit the transporting, importing and selling/distribution of controlled substances. Transporting, importing, or selling drugs is a felony, unless you're arrested with less than 28.5 grams of marijuana (cannabis) and the marijuana is for your own personal use then it is a misdemeanor. You can also be charged and convicted of trafficking if you aided, abetted, and conspired with anyone to sell or purchase illegal drugs.

Quick Tip: The police must read your Miranda rights to you if they are making an arrest. Pay close attention to these rights, as they will tell you what you are entitled to during the arrest and booking process.

Child abuse as a crime carries serious consequences, and it also serious affects the children involved. The State of California created child welfare programs to try and deal with both the crime and the consequences to the children involved. A recent bunch of arrests have netted people accused of defrauding child welfare services of a great deal of money. Six people suspected of allegedly defrauding child care welfare programs of more than $1 million were arrested Friday.

A total of nine defendants, including a county employee of the agency that administers welfare programs, are charged in three separate cases, according to the District Attorney's Office.

Beatrice Harvey, 28, was arrested Nov. 26 at the Los Angeles County Department of Public Social Services office in Lancaster, where she works, officials said.

She has pleaded not guilty and remains jailed on $181,000 bail.

Harvey allegedly applied for and received more than $136,000 in aid between Nov. 30, 2001, and June 30, 2006. She allegedly failed to report that she was married and that her husband was fully employed by the county Department of Children and Family Services, the District Attorney's Office reported.

Harvey is due at the downtown Los Angeles courthouse next Monday. She is scheduled to be set for a hearing to determine if there is enough evidence to require her to stand trial on one felony count of grand theft of personal property and five felony counts of perjury by declaration.

Those arrested Friday by investigators from the District Attorney's Office were:

• Erica Manesha Dunn, 27, of North Hills;


• Tammi Howard, 41, of Los Angeles;


• Sannice Lavette Arthur, 41, of Los Angeles;


• Cedric Dale, 41, and Darlene Jenkins, 46, who were arrested near Fort Worth, Texas.


• Greta Marie Brown, 36, who was arrested in Long Beach.

Prosecutors allege Dunn, Howard and Arthur allegedly collected more than $665,000 for child care services that were not provided.

Dale is charged with orchestrating the theft of more than $340,000 of child care funds with Jenkins and Brown. The three allegedly worked with defendants connected with Harvey, according to the District Attorney's Office.

Amidst the economic doom and gloom, there's good news for folks who live in the City of Angels. Los Angeles Police Chief William Bratton announced last week that crime in the city of Los Angeles has declined by 3% with gang-related crime dropping 11% since this time last year. Violent crime is down 4.8% overall, Bratton told the Los Angeles Police Commission, a civilian panel that oversees the LAPD. He provided the following breakdown on Los Angeles the crime statistics:

• Homicide down 8.7%


• Gang-related murder down 26.6%


• Rape down 14%


• Aggravated assault down 7.1%


• Robbery down 1.8%


• Burglary down 1.9%


• Grand theft auto down 4.4%


• Burglary from vehicles down 2.1%


• Personal theft down 1.4%

While the newly released figures are laudatory, criminal defense attorney Stephen Rodriguez warns that the L.A. crime decrease may be short-lived. National law enforcement experts are already noticing an increase in misdemeanor crimes like petty theft and shoplifting. Felony robbery, particularly bank robbery, is also on the rise nationally. People hard hit by the economic collapse, particularly the growing legions of unemployed, are turning to crime, particularly theft, as a last resort for the money and things they need.

Escalating home foreclosures -- experts appearing on CBS' 60 Minutes last night estimated that 8 million American will lose their homes in the next year -- are forcing more people into the streets, many with nowhere else to go. Homeless shelters are full, and some have even been forced to close as the donations that support them dry up. Soup kitchens are serving record crowds. Many of these people do not qualify for assistance programs that are already struggling to serve growing numbers of needy people. Adding insult to injury, financially strapped cities and counties are being forced to curtail services just when they're needed most.

Put together, national law enforcement experts say it's a recipe for disaster. Any time the fabric of society tears, any time social systems break down, crime increases. When they feel there are no options, when they are desperate to provide for their families and their children, normally law-abiding citizens will turn to crime. If you become a victim of economic pressures you can't control, seek the services of expert Los Angeles criminal defense lawyer Stephen Rodriguez. He'll fight for your rights.

Screenplay writer Roger Avary is charged with gross vehicular manslaughter and two additional felony counts in connection with a fatal crash. The author of the screenplays for "Pulp Fiction" and the recent major release "Beowulf" was driving drunk when he killed a passenger and injured his wife in a rural Ojai car crash. Avary, 43, pleaded not guilty in aVenturacourthouse to manslaughter and other charges connected to the Jan. 13 single-car collision. Investigators said Avary was at the wheel of a Mercedes sedan late that night when he failed to make a curve and crashed into a telephone pole. Prosecutors said his blood alcohol level was above the legal limit. Besides felony manslaughter, Avary faces two felony counts of causing bodily injury while intoxicated, charges that could bring 11 years behind bars. Vehicular manslaughter may be charged when a driver causes an accident (either by violating a traffic law or by exercising negligence or “gross negligence”) and the accident causes the death of another person.

If alcohol was involved, prosecutors tend to charge the drinking party with vehicular manslaughter even if s/he was not at fault, and even if the accident was unavoidable. Police, biased as they are against drunk drivers, jump to the conclusion that the drinking party was at fault. Police and CHP collision reports tend to be hastily prepared, and slanted against the intoxicated driver.

Tragedy has again struck the family of well-known actor Macaulay Culkin, child star of the Home Alone films. His 29-year-old sister Dakota Culkin died tragically yesterday from massive head injuries sustained after she was hit by a car in Los Angeles. Eschewing the Hollywood spotlight chased by her six siblings, Dakota preferred to work behind the scenes, carving out a respected career in Hollywood's production studios.

While tragic, according to police reports, this was not a case of hit and run or vehicular manslaughter. The driver did all the things a criminal defense attorney would tell you to do in such circumstances. He did not flee in panic. He was not driving under the influence of drugs or alcohol. He was not driving recklessly. He stayed at the site and identified himself. A statement released by the Los Angeles Police Department noted, "The driver stopped, rendered aid, and identified himself as required by law. Detectives have determined that the driver was not under the influence of drugs or alcohol, so no crime was committed."

This is precisely what you need to do when you are involved in any type of vehicle accident, says experienced Los Angeles criminal defense attorney Stephen Rodriguez, whether the accident involves a pedestrian, a bicycle or another vehicle. Under California law, parties involved in an accident must do the following:

• Stop


• Render aid


• Notify police


• If injuries or major property damage are involved, remain at the site until police arrive


• Identify yourself

To avoid a hit and run charge, Rodriguez recommends stopping immediately after an accident or collision and immediately providing the other party with your full name, valid driver's license number and state of issuance, vehicle ID number (VIN), and your insurance carrier's name, address, phone number and policy number. If you collide with an unoccupied parked car, it is acceptable to leave a visible note containing your contact information and the facts surrounding the case. In all cases, police must be notified and a police report filed, Rodriguez stresses. To avoid a charge of hit and run, these procedures must be followed even if you were not at fault.

Penalties for misdemeanor hit and run that involve minimal damage can include 6 months in county jail, fines and victim restitution. When major property damage, serious injury or death occur, you can be charged with a felony that may carry a sentence of several years in state prison, thousands of dollars in fines, DMV points and license suspension. In cases where intent or alcohol or drug use can be shown, you can be charged with vehicular manslaughter, a serious felony.

The state of California has a Child Abuse Central Index, a database containing 819,000 names from which even a judgment of innocence isn't enough to secure removal.

Unlike the better-known database created by Megan's Law, which registers and tracks 63,000 named sex offenders, the child abuse index is neither actively managed by the state nor periodically purged of erroneous or unsubstantiated entries -- despite efforts by the wrongly included to escape its shameful stain.

The California Department of Justice has been ordered in at least three court decisions in recent years to create a standard way to remove from the child abuse index the names of those exonerated by courts or social service investigations.

A halfhearted and piecemeal effort a few years ago to update the child abuseindex showed significant error rates -- more than 20% in some counties -- among the few reporting agencies that carried out the reviews. The 9th Circuit Court ruling in Humphries vs. County of Los Angeles cited a 2004 review of listings from San Diego County that suggested as many as half were erroneous.

Those accused of child molestation, abuse or sexual assault crimes are despised, ostracized and/or shunned by society - even if the accusation is false. The mere mention or suspicion of child molestation or sexual assault crimes is enough to have someone chased out of the community or thrown out of his/her profession. A conviction could mean a lifetime registrations a child sex offender. If you have been falsely accused or suspected of child abuse or molestation, or you're being investigated or charged formally of a crime against children, it is critically important to entrust your case to an experienced attorney who understands the law and how to defense these types of cases.

Los Angeles residents have turned in a record number of guns this year in the area's annual Gifts for Guns exchange. Residents hard hit by the economy and unemployment are pulling firearms out from under their beds and the backs of closets and turning them in for food and other necessary staples.

In the annual program, the Los Angeles County Sheriff''s Department allows residents to anonymously relinquish firearms in exchange for $100 gift cards for Ralph's supermarkets, Target or Best Buy. Turning in an assault rifle doubles your gift. Operating in several major U.S. metropolitan areas, gun exchange programs like the one in L.A. were initiated to pull guns off the streets and decrease gun and gang violence in volatile urban areas.

In previous years L.A. residents preferred to go holiday shopping with Target or Best Buy cards. This year, most have asked for supermarket cards, said Sgt. Byron Woods. "People just don't have the money to buy the food these days," he said, noting that most program participants are "family people." "One guy said he had just got laid off from his job," said Woods. "He turned in five guns and said it would really help him to put food on the family's table." The sheriff's department expects to collect 1,000 weapons this year.

"California weapons charges are serious and come with jail time," warns Los Angeles criminal defense attorney Stephen Rodriguez. In California, it is illegal to possess a gun without a permit, possess an assault weapon, possess an illegal weapon (knives, daggers, brass knuckles, nunchucks, etc.) or possess a firearm if you are an ex-felon. It is illegal to brandish or discharge a firearm, sell a firearm illegally or use a gun to commit a crime.

Gun and weapons charges are aggressively prosecuted in California. Most weapons offenses are charged as felonies under California law; however, possession can be charged as a misdemeanor. In the hands of an astute and experienced criminal defense attorney, the type of weapon involved, how it's being used, whether it's loaded or concealed, and the individual's record can impact the charge. Because California uses determinate sentencing, the nature of the crime can significantly affect sentencing.

Don Cornelius, the 72-year-old creator of the show "Soul Train," entered a not-guilty plea in a Los Angeles courtroom this past week regarding five misdemeanor counts. The counts included spousal battery, assault with a deadly weapon and dissuading a witness from making a police report. The producer was arrested in October after police responded to a domestic dispute call at his Hollywood Hills home.

Domestic violence covers a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws.

Domestic violence cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.

Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating.

Examples of domestic abuse include:

• name-calling or putdowns


• keeping a partner from contacting their family or friends


• withholding money


• stopping a partner from getting or keeping a job


• actual or threatened physical harm


• sexual assault


• stalking


• intimidation

Federal and state law enforcement officials often utilize asset seizure and forfeiture in drug matters. U.S. Marshals utilize asset seizure and forfeiture to enforce the law, improve law enforcement cooperation and enhance law enforcement through revenue.

In 1984, Congress enacted the Comprehensive Crime Control Act, which gave federal prosecutors new forfeiture provisions to combat crime. Also created by this legislation was the Department of Justice Assets Forfeiture Fund (AFF). The proceeds from the sale of forfeited assets such as real property, vehicles, businesses, financial instruments, vessels, aircraft and jewelry are deposited into the AFF and are subsequently used to further law enforcement initiatives.

Law enforcement can seize your house, car, boat, jewelry and cash, without paying for it, even if you haven't been charged with a crime. The economy though has caused some law enforcement agencies to drop the asset seizure/forfeiture program. In Detroit, where the community has been hit hard by the real estate crash, asset seizure/forfeiture is being abandoned.

Federal prosecutors twice pursued a former autoworker suspected of running a multimillion-dollar drug operation. The first attempt fizzled when one man died shortly after an indictment. The second? Blame it on the collapse of Detroit's real-estate market.The government recently abandoned a plan to sell nearly three dozen properties (seized by law enforcement officials) -- land, houses and strip malls -- believed to have been acquired by Carson through heroin, marijuana and cocaine sales. "The market tanked," Assistant U.S. Attorney Peter Ziedas said. "If we were able to effectively market these and come up with some kind of return, we would have done it."

Three decades ago, Oscar winning director Roman Polanski was charged with statutory rape, accused of having sex with a 13-year-old girl. The sex crimes case, one of Hollywood's most notorious and titillating ever, spawned a generation of tabloid media and accusations of perverse justice. Polanski fled the country, moving to Europe, and has not entered American soil since.

Polanski has since filed a request through his Los Angeles criminal defense lawyer asking that prosecutors drop statutory rape charges filed against him in 1978 for having sex with a minor. The attorneys said they have new evidence that Polanski, 75, was a victim of prosecutorial misconduct in the three-decade-old case, in which he admitted at the time to "unlawful sexual intercourse with a minor."

The phrase statutory rape is a term used in some legal jurisdictions to describe consensual sexual relations that take place when an individual (regardless of gender) has sexual relations with an individual not old enough to legally consent to the behavior.

The following is the specific law in the California Penal code, which defines statutory rape: PENAL CODE SECTION 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison. (d) Any person over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years. (e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000). (B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000). (C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000). (D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

After a long day spent Christmas shopping, the SUV was filled with holiday goodies: a plasma screen TV for dad, something sparkly for mom, an Xbox for their son, and an iPod for their daughter. The couple parked in front of a nice restaurant, locked up and went inside to celebrate with dinner and a few drinks. Ninety minutes later, they were horrified when they returned to their car to find the rear window smashed and all their gifts gone. They were devastated.

It's a scene police and criminal defense attorneys say is playing out far too often in L.A. mall parking lots and in shopping districts, particularly this holiday. One more fallout from the poor economy, theft, burglary and shoplifting are on the rise in Los Angeles and across the country. "Criminals are Christmas shopping this time of year," said Police Lt. Heinz von Eckartsberg.

Most thieves are opportunists. If they see packages through your car window or you leave your car unlocked in your driveway or you leave your garage open, thieves are only too willing to accept what they view as an invitation to steal. Thieves are just waiting for you to make a mistake. To deter thieves, police recommend that women keep handbags strapped across their bodies rather than in their hands. Men should carry wallets in front, not back, pockets.

To protect your purchases, Los Angeles criminal defense attorney Stephen Rodriguez cautions holiday shoppers to take a few safety precautions:

• Roll up all windows, close sunroofs and lock all car doors.


• Don't do all your shopping in one trip.


• Shop with a friend; don't shop alone.


• Don't leave valuables or packages in plain view. When shopping, take a car with a lockable trunk or at least cover purchases with a blanket.


• If you stow packages in your car but plan to continue shopping, first move your car in case you're being watched.


• Don't walk to your car alone. Some stores and malls offer security escorts to your vehicle.


• Take advantage of valet services.


• Park in lighted areas and watch for loiterers when you walk to your car. If you feel uneasy, do not go continue to your car. Return to the store and contact security or police.

When you get home, close and lock your garage before you unload your purchases and always keep the connecting door between your house and garage locked. Don't store gifts in your car trunk.

Theft, burglary, robbery and shoplifting are crimes in California and can carry fines, jail time and a criminal record that can make it difficult to find a job. The Los Angeles law offices of Stephen Rodriguez can tell you what to expect from California theft laws if you are caught stealing and provide you with the best possible defense.

In one of the heinous cases of child abuse, a Tracy, California couple has been accused of kidnapping and torturing a teen-aged boy. Frightened, dirty, disoriented and clad only in boxer shorts, the 16-year-old stumbled into a local gym begging for help, the chain used to imprison him still locked to his ankle. The boy's former guardian, a woman the boy called his "aunt," was also charged.

Caren Ramirez and the boy came to live at the northern California home of Michael Schumacher and Kelly Lau and their four young children about a year ago, Lau told authorities. In a television interview before her arrest, Lau said they struck the boy in the knees with a baseball bat to discipline him at the insistence of Ramirez. She also said Ramirez burned the boy with a hot aluminum bat and refused to let her feed him. He was often forced to watch the Schumacher family, including the young children, eat while he went hungry.

Authorities have charged the three adults with repeatedly abusing the boy with baseball bats, knives and belts. Lau and Schumacher, both in their 30s, were charged with 13 counts of torture, aggravated mayhem, false imprisonment by violence, kidnapping, child abuse and corporal injury. They remain in jail with bail set at $2.2 million apiece. Ramirez, who faces similar charges, is being held at the country jail for psychiatric evaluation. The four Schumacher children, who authorities say show no signs of abuse, have been placed with California's Child Protective Services.

Court records show that Ramirez, who is identified as a family friend, had served as the teen's legal guardian since he was removed from the home of an abusive father three years ago. Last year, Ramirez pleaded no contest to a felony charge of beating the boy and was sentenced to five years of probation.

To Los Angeles criminal defense lawyers and concerned people across the country, the facts in this child abuse case, which are still unfolding, are troubling. According to reports, the boy is highly traumatized and sometimes incoherent. The claims and counter claims being made by the adults are confusing will need to be unraveled to reveal the truth. The current status of the boy's guardianship given Ramirez's prior charge and probation will need to be uncovered. When people are charged with child abuse or domestic violence, criminal defense attorneys must first uncover the facts before they can advise their clients of their legal options.

It was like an 'Angie's List' for hookers. Before legal authorities pulled the plug this week, a Columbus, Ohio man was operating a prostitution site on Craigslist, the popular free Internet classified ads website. On a website created by Christopher Johnson, customers were able to post reviews about hookers they had hired through Craigslist ads. Johnson set up a $10 raffle for his website members offering free sex with the top-rated prostitute.

Attorney generals in 40 states have joined interim Ohio Attorney General Nancy Rogers in cracking down on illegal prostitution postings on Craigslist. This is not the first time Craigslist has been under fire from law enforcement officials for running prostitution ads. The website has been cooperating with legal authorities across the U.S. to implement new measures to stop the promotion of illegal prostitution and sex services in Ohio, Los Angeles and across the country. Under the new agreement with the Ohio Attorney General, Craigslist will collect a $5 credit card fee from anyone posting an erotic-services ad. Those records will be available to law enforcement officers.

Johnson is out on $25,000 bond after being charged with one felony count of promoting prostitution. An academic advising coordinator for the Ohio State University College of Nursing for the past three years and an OSU employee since 2003, Johnson has been placed on unpaid leave and is under investigation by the University. The prize for Johnson's raffle, Vanise Dunn, pleaded not guilty to a charge of prostitution, a misdemeanor. A caseworker with Franklin County Children Services for 8 years, Dunn investigates charges of child sexual abuse. She is on paid leave while awaiting trial.

In California, solicitation for prostitution, also called solicitation or prostitution, is a misdemeanor, but pandering or pimping is a felony. Ads in newspapers and on Internet sites like Craigslist that offer the services of a "masseuse," "personal escort" or "call girl" are usually fronts for prostitution services. In California, it's a criminal offense to both provide sex for payment and receive sex for payment. In large cities like Los Angeles where prostitution is rampant, law enforcement agencies employ undercover techniques to catch violators and vigorously prosecute both prostitutes and the people who purchase their services. Penalties include jail, probation, fines, public embarrassment and loss of employment.

If you are charged with prostitution, solicitation, pandering or another sex crime, contact the experienced criminal defense attorneys at the law office of Stephen G. Rodriguez & Associates.

We've set up a blog meme today to share some other great blogs with you that you may find interesting reading. Feel free to click in to check them out or leave your favorite blog for us to review and add in the future by clicking the comment link below this post.

LA Criminal Defense Blog - http://www.lacriminaldefenseblog.com/
Attorney Stephen Rodriguez provides interesting legal insights and current news in his blog focused on law and legal issues in Los Angeles, California. You'll find interesting breaking news, celebrities in trouble, and insightful legal tips.

The Web Authority - http://www.mccordweb.com/weblogs/
Web Diva, Nancy McCord, helps you to power up your business by using the Web. In this blog she provides tips, tricks, and information on how to use social networking, Twitter, and Google AdWords to generate leads and get more business. Written in an engaging style, and not too techy, you'll find the information newsy and helpful.

The Home Buying Blog - http://www.homes-database.com/weblogs/blogger.html
Top Long and Foster Realtor, John Day, is the "go to" agent when it comes to selling your home or property in the Maryland area. His interesting and information blog has just gotten noticed by a reporter at US News and World Report. If you want to stay on-top of trends, stay out of foreclosure, and learn the master tricks on presenting and selling your home this is the blog to visit.

DJ Products Inc. Blog- http://blog.djproducts.com/
If you are in the warehousing, operations, or material handling businesses, you'll find this blog by Jeff Berg a top information resource. Whether you need tips on how to improve warehouse efficiency or establishing and ergonomics program this information and engaging blog will keep you up-to-date on news and information in your industry.

The Musical Instrument and Equipment Blog - http://funkymusicstore.com/news/
This blog from Mike Veny, professional drummer, caters to musicians at all levels. Even if you don't play professionally you'll love his information and history on top manufacturers and product reviews. Find out which top artists use which instruments and what differentiates guitar and keyboard brands from others.

Stern Environmental Group - http://www.sternenvironmental.com/blog/
Stern's Chatter written by managing partner Douglas Stern provides interesting news and commentary on the pests you love to hate. Based in the New York City region this bed bug extermination and pest management firm blog gives tips on pest control, news and information all written with a sense of humor that will keep you reading even if you don't live in the area.

Rocky Mountain Tracking - http://www.rmtracking.com/blog/
Brad Borst, President of Rocky Mountain Tracking a GPS tracking firm, provides news on the innovative ways that GPS tracking is used by both commercial and residential customers. Did you know that GPS tracking was used to follow whales? Find out in this interesting blog top news and information on GPS tracking and how you may be able to use it too.

Permanently Beautiful - http://www.permanentmkup.com/blog/
The Whitney Center for Permanent Cosmetics blog from Melany Whitney reveals one of the top, yet not well-known, beauty secrets of the rich and famous, top models, and busy women executives. Find out more about how permanently applied eyebrows, eye liner, and other beauty procedures can change your routine while helping you to look fabulous all day without makeup. You won't believe the client results so make sure to check out the photo gallery on her main website when you visit this blog.

One of the stars of New York Giants' Super Bowl team was arrested and charged with gun possession and released after posting $100,000 bail. He was not required to enter a plea yesterday and is due back in court March 31.

Plaxico Burress allegedly carried a gun with him into a night club where he accidentally shot himself after drunkenly fumbling for the weapon in his pants. His teammate also allegedly was involved, hiding the weapon so that police couldn't find it.

Weaponscharges, especially firearm charges, are serious, and often athletes caught with weapons can make light of the situation. Burress allegedly laughed when he found out what the charges were. However, recent events in Los Angeles demonstrated the seriousness of weapons charges, firearms possession and the resulting consequences.

Three unrelated shootings involving officers occurred in Los Angeles County over the holiday weekend, leaving one man dead and another seriously injured. A man, identified by the Los Angeles County coroner's office as 18-year-old Salvador Zepeda Alarcon, was killed in the 800 block of Humphreys Avenue, near Folsom Street in East Los Angeles after L.A. County Sheriff's deputies responded to a report of shots fired, said Sheriff's Deputy Oscar Butao.

The officers were traveling west on Folsom Street when they saw the man running east. Deputies got out of their vehicle and ordered Alarcon to stop, Butao said, but he ignored their instructions, drew a handgunfrom his waistband and pointed it at the officers. The deputies fired several rounds at the man's chest. Alarcon was pronounced dead at the scene.

Police are also investigating a double shooting in South Los Angeles that left a man dead and a teenage girl wounded. The man, believed to be in his 30s, died Sunday night at a hospital, where the teenager was in stable condition. Investigators were trying to determine who fired multiple rounds at the pair in the 800 block of West 97th Street just after 9 p.m. Both victims were shot in the upper body. Ed Winter of the Los Angeles County coroner's office said the gunmen drove by and shot the man while he stood in a driveway. It was unclear where the girl was standing, police said.

California Gun Law

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.

Stephen G. Rodriquez and his associates will focus on getting you the most favorable disposition using a variety of proven techniques and defenses.

With more houses, apartments and offices getting Internet ready, Internet crimes are on the rise. Not just the number of crimes, but the complexity of them. For example, senior military leaders took the exceptional step of briefing President Bush this week on a severe and widespread Internet attack on Defense Department computers that may have originated in Russia -- an incursion that posed unusual concern among commanders and raised potential implications for national security.

The attack struck hard at networks within U.S. Central Command, the headquarters that oversees U.S. involvement in Iraq and Afghanistan, and affected computers in combat zones. The attack also penetrated at least one highly protected classified network.

Military computers are regularly beset by outside hackers, computer viruses and worms. But defense officials said the most recent attack involved an intrusive piece of malicious software, or "malware," apparently designed specifically to target military networks.

Internet crime, cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the source, tool, target or place of a crime. These categories are not exclusive and many activities can be characterized as falling in one ore more categories. Internet crime can broadly be defined as criminal activity involving an information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud.

Earlier this year, Internet crimesinvolving spam e-mails were focused on by law enforcement and private companies. The volume of junk e-mail sent worldwide may even have dropped drastically after a San Jose Web-hosting firm, identified by many in the computer security community as a major host of organizations engaged in spam activity, was taken offline. McColo Co., which computer security experts say serves as a U.S. staging ground for international firms that sell items including counterfeit pharmaceuticals and child pornography, ceased operations after two Internet providers blocked Web access.

Our troubled economy has everybody pinching pennies. In an effort to save money, people are cutting corners everywhere they can. They're either going without or trying to do it themselves. And while you might be able to struggle through a simple plumbing problem with the help of a do-it-yourself book and a few visits to Home Depot, do-it-yourself law can lead to disaster.

The number of people serving as their own lawyers is on the rise across the country. Divorce and small claims have always had their share of do-it-yourself die-hards. When money was tight and the stakes weren't that high, people would go on the Internet, download a sheaf of paperwork and file it themselves. Despite their lack of legal knowledge, they'd risk pleading their case directly to the judge in the effort to save a few bucks.

What has started to worry legal experts is that the ever-tightening economy now has people trying to represent themselves in cases that have potentially devastating and life-altering consequences. "It's not just that poor people can't afford lawyers," explained Danville, California judge Sue Talia. "This is really a middle-class phenomenon."

The trend is clogging court systems in California and across the country. In California, about 80% of people represent themselves in civil family law cases, including divorce, custody and domestic violence, according to the Self-Represented Litigation Network. Unfamiliar with legal procedure, do-it-yourselfers are clogging courts and making expensive mistakes with long-lasting consequences.

"Courts are absolutely inundated with people who do not understand the procedures," Talia said. "It is a disaster for high-volume courts, because an inordinate amount of their clerks' time is spent trying to make sure that the procedures are correctly followed."

Missed filing deadlines, incorrect or missing paperwork, filing at the wrong office, inadequate follow-through and a host of other errors made by people unfamiliar with legal standards and procedures can get your case thrown out of court or cause you to lose by default before you even step in a courtroom. And if you do get your day in court, a lack of knowledge and understanding of courtroom procedures, rules and etiquette impose huge stumbling blocks for those who try to represent themselves in court.

When you can't afford to lose, you need the services of an expert criminal defense lawyer. A skilled felony attorney has expert knowledge of the court system, the judges and opposing counsel coupled with years of experience navigating the complexities of U.S. law that can spell the difference between winning and losing, freedom and jail. Even if money is tight, ask yourself, "Can I really afford to lose?" Because without an experienced criminal defense attorney in your corner, that's a very real possibility.