Los Angeles Criminal Defense Lawyer Blog

Last year, there were 43,911 domestic violence arrests in California. Domestic violence occurs in one in three families in the U.S. Last week, one of those families was my sister's.

She was fixing dinner when her husband called. He asked what she was doing, said he'd be home soon. Nothing unusual except his speech was a little slurred. She knew he'd been drinking. She grabbed her purse, hustled their daughter into the car and took off. Usually he was fine; but when her husband drank, he could turn mean and unpredictable. Since he'd lost his job, he'd been drinking more. She'd learned it wasn't safe to be home when he came home drunk. A wrong word, a misunderstood glance and he could turn from loving to mean in a heartbeat.

A week ago she'd been working at the computer. He'd startled her when he came into the room. She'd looked up and found herself staring into the barrel of a shotgun. There'd been the usual demands, threats, promises. She'd never been more frightened and still shook when she thought about it, but the moment had passed.

So when he called from the bar, she left. Early the next morning, her daughter safely at school, she went home. Her foot crunched when she walked in the door. She looked down. There was glass on the floor. As she looked across the kitchen floor, there was glass everywhere, mixed with bits of wood from the cabinets and shards of china -- and blood. In shock, she walked from room to room. There was glass and debris and spent shells everywhere. He'd shot up the house. There were holes in the walls and right through the bookcase. There were shells imbedded in the books and sofa cushions. She found the splintered shotgun in the living room where he'd used it to batter the coffee table. There was blood matted into the carpeting. She found her husband, still passed out, in the bedroom, his leg bleeding through his jeans. He'd apparently cut himself in his rampage. She called 911. He came to as the paramedics were strapping him to the gurney.

This time, my sister didn't wait to hear the apologies. The blood on the kitchen tile could have been hers, or her daughter's. This time she went to court and swore out a complaint and got an order of protection, but she knows that might not stop him. The police confiscated his gun, but she knows he can buy or borrow another one. She had the locks changed, but she's worried he'll kick the door in or bust a window. She's decided to file for divorce, but she worries that he'll get angry. She's afraid he'll come after her, or their daughter. Last night, she packed a bag and got a wad of cash out of the bank in case she has to flee. She loosened the screen and practiced climbing out of the bedroom window in case he breaks in. She methodically put bullets in her gun and laid it and her cell phone next to the bed. She is afraid.

This is just one small snapshot of domestic violence and the tragedy it leaves in its wake. In California alone, there are more than 43,900 other pictures of domestic abuse, each one tragic.

For more information on domestic violence, visit the website of criminal defense attorney Stephen Rodriguez.

When your future is at stake, you need a defense attorney, who has the trial experience to plead your case with aggressive representation, that person is Stephen G. Rodriguez, Attorney at Law.

Mr. Rodriguez and his law firm is based in Los Angeles, California, but provides legal representation for clients throughout California. He is even available to assist out-of-state clients who have a case pending in California. From start to finish, the law firm of Stephen G. Rodriguez works aggressively to defend your rights. His firm handles cases from shoplifting to murder. Every case receives the same quality legal representation:

1. All calls returned in 48 hours or less.
2. Free initial discussion of your case and recommendation of action plan.
3. Work hard to get you out of jail without bail or with reduced bail if need be.
4. Will attempt to have your case dropped before trial or have the charges reduced by aggressive representation in your defense.
5. Strive to get a "not guilty" verdict if your case does go to trial.
6. Communicate with you on the matters of your case regularly and are available readily for questions.

With over 90 years of combined law experience the attorneys at the Law Offices of Stephen G. Rodriguez provide the quality defense that you need for your case regardless of the situation.

We have represented clients for these charges and many others: murder, sexual molestation, prostitution, DUI, kidnapping, burglary, assault and battery, hit and run driving, paparazzi stalking, child abuse, theft, drug offenses, and many other felonies and misdemeanors.

What makes the Law Firm of Stephen G. Rodriguez different than other is the honest, practical advice that is offered and the aggressive savvy careful defense that is crafted on your behalf to win the best outcome possible. When you need the "right" lawyer on your side, you NEED the attorneys at the Law Offices of Stephen G. Rodriguez.

For more information about our legal services, we invite you to visit our website at www.LACriminalDefenseAttorney.com.

-Legal Pro

Paparazzi have come under fire of late because of their aggressive tactics, but also because the people they take photographs of have incredible amounts of money to throw at attorneys. Los Angeles paparazzi lawyers know that defending a member of the paparazzi can be an uphill battle because the paparazzi don't garner much sympathy in court with juries or judges.

Celebrities have begun blaming the paparazzi for their many problems, regardless of their alcoholism, drug addiction of various other life problems. For example:

• Lindsay Lohan recently came out and said that her string of car accidents. The 'Mean Girls' actress has previously landed behind bars for her two DUI charges, including a 2007 incident when she was charged for possessing cocaine, driving under the influence and driving with a suspended license.

"My car accident that I got into, where I got my first charge, I wouldn't have been speeding up like I was if I didn't have people shoving cameras in my windows. I was running away from the paparazzi," Lohan said.

• Robert Pattinson says that he is being forced to stay in doors more than he would like because of his paparazzi followers.
• KANYE WEST has lambasted the paparazzo he clashed with at Los Angeles International Airport last year, accusing the snapper of making the incident a "bigger deal" than it really was. The Stronger rapper was arrested along with his manager following the run-in in September. They were charged with felony vandalism after reportedly smashing a photographer's camera, but the charges were later dropped by the Los Angeles County District Attorney's office.

This poor treatment of the paparazzi by individuals who depend upon the celebrity status they provide is very one-sided. 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.

Los Angeles is known for many things: palm trees, the Lakers, USC football and great burger joints. Unfortunately, Los Angeles is also known for its gangs, and police throughout the city are trying to do their best to single out alleged gang members and make as many arrests as possible. Nearly 2,000 gang members were arrested in the Los Angeles area last year, a record number that federal officials say will have a major impact on crime-fighting efforts.

More than 850 of the 1,970 gang members arrested by U.S. Immigration and Customs Enforcement agents are being prosecuted on state or federal charges, officials said. The rest are in the U.S. illegally and are being deported to their native countries. Returning after being deported is a felony that carries a maximum penalty of 20 years.

Immigration plays a major factor in gang-related arrests, and any mark on a person's record as a gang member could permanently ban them from living as a citizen in America. It is not completely clear how an organization such as ICE, which is part of the Department of Homeland Security, determines who is and is not a part of a gang. If someone is arrested during a sting, they could just be an innocent bystander and get swept up into an arrest of gangs. Since the launch of ICE's Operation Community Shield in 2005, more than 11,850 gang members and associates have been arrested nationwide and more than 450 firearms seized. Of those arrested, 145 were gang leaders.

Megan's Law was created in the face of tragedy after 7-year-old Megan Kanka of New Jersey was brutally raped and killed by a neighbor who was a known child molester. Megan's parents had no knowledge of the man's background and no reason to be on the alert or warn their daughter -- until it was too late. Devastated by what had happened to their child, the Kanka's lobbied tirelessly to give other parents the tools to protect their children from sexual predators.

Megan's Law requires convicted sex offenders to register with law enforcement agencies. It also makes it possible for the public to obtain information about the identities and addresses of registered sex offenders. But parents must be ever vigilante. More than 90% of children are molested by someone they know.

Today, we offer additional tips for keeping your children safe.

• Never leave children unattended in an automobile, not even to run in and out of a store.


• Teach your children never to talk to anyone in a car or accept a ride from anyone they don't know and trust.


• Teach your children never to go anywhere with anyone without getting your permission first.


• Be an active participant in your children's activities.


• Listen to your children. Pay attention if your child doesn't want to be with someone or go somewhere.


• Notice people who pay too much attention to your child.


• Teach your children that they always have the right to say no to unwelcome, uncomfortable or confusing touching or actions by others, including adults. Teach them to tell you immediately if this happens and take their fears seriously.


• Be sensitive to changes in your child's behavior or attitude.


• When your children confide in you, remain calm and try not to criticize or judge. Help your children solve the problem.


• Carefully screen babysitters and caregivers.


• Don't allow your children to wear clothing or carry items displaying their name. Predators can use your child's name to create a false impression of familiarity and engage your child in conversation.

You can find more information about Megan's Law and links to state and national sexual predator locators on the California Attorney General's Megan's Law website. As an aide to parents and the public, Los Angeles criminal defense attorney Stephen Rodriguez has also created a special Megan's Law website containing valuable information about Megan's Law and useful links to additional registered sex offender resources.

To protect our children from the violence of sexual predators, every state in the U. S. now has a Megan's Law in place, including California. California's Megan's Law requires convicted sex offenders to register with their local law enforcement agency. The law also makes it possible for the public to obtain the identity and addresses of registered sex offenders. Most states track the locations of registered sex offenders on easily accessible Internet websites. California's sex offender registry is managed by the office of the state's Attorney General.

Proactive in its efforts to halt sexual predators from preying on children, California has required sex offenders to register with local law enforcement offices for 50 years, but it was not until the enaction of Megan's Law that the information was readily available to the public. Unfortunately, Megan's Law tracks only convicted sexual offenders. Parents must educate their children and maintain family vigilance to ensure their children's safety.

The California Attorney General's Megan's Law website recommends parents take the following actions to protect their children from sexual predation:

• Inform your children that it is wrong for adults to engage children in sexual activity.


• Stress to your child that he should tell you if anything happens that makes him feel uncomfortable, especially if an adult is involved.


• Get to know the people your child spends time with, particularly the parents of their friends.


• Teach your children about their bodies and the correct words to use when describing private parts. Emphasize that those parts are private.


• Know where your children are at all times. Be clear about places and homes your children are allowed to visit. Make sure your children tell you where they are going when they leave home and check in when they arrive or depart their destination and when plans change. If your child is abducted, the sooner the police are alerted, the better the chance of a positive outcome.


• Set an example for your child by always telling him when your plans change or when you are running late. Emphasize that such family rules are for everyone's safety.

For more information on Megan's Law and useful links to California, state and federal sex offender registration sites, please visit the website of Los Angeles Criminal Defense Lawyer Stephen Rodriguez.

The "Bel-Air Burglar" is finally behind bars. After a three-year investigation, Los Angeles, California police announced they have arrested one of two men believed to be responsible for a multi-million dollar crime wave in L.A.'s toniest neighborhoods. Troy Thomas, 45, one of the suspected masterminds of a burglary gang the media dubbed the "Hillside Bandits" was arrested Saturday. Thomas pleaded not guilty to two charges of residential burglary in January and March of last year, according to the Los Angeles Times. He is being held in lieu of $2 million bail. More charges are expected.

Preying on L.A.'s elite, Thomas and his cohorts are suspected of committing more than 150 burglaries and taking more than $10 million in valuables. Using sophisticated technology, the burglary crews were able to bypass elaborate security systems and surveillance cameras.

Under California law, entering a building with the intent to commit theft or another felony is classified as burglary. Residential, or First Degree, burglary can involve a home, attached garage, boat, trailer, railroad car, aircraft, warehouse or the inhabited portion of a building. You don't have to actually steal anything to be charged with burglary; intent is enough to bring a charge.

First degree burglary is a serious felony. A "strike" offense under California's tough Three Strikes law, a conviction doubles the sentence of subsequent offenses. In California, burglary generally carries of sentence of 2, 4 or 6 years in state prison.

In defending burglary, the key is intent, said Los Angeles criminal defense attorney Stephen Rodriguez. If the person intends to steal or commit a felony when entering a residence or other structure, then burglary has occurred. "The prosecutor does not have to prove that the theft or felony occurred;" Rodriguez explained, "only that it was intended at entry." Lack of stolen goods can make it difficult for the prosecution to prove intent and often provides the best defense against a burglary charge, Rodriguez noted.

Other common burglary defenses include cases where the defendant has a legitimate reason to be on the premises and mistaken identity. Burglary and other theft crimes -- including robbery, shoplifting, identity theft, embezzlement and grand theft auto -- require immediate and astute criminal defense representation. For more information on theft crimes, visit the website of Rodriguez, Lewis & Kahn.

Of all the drugs outlawed by the state of California, Marijuana is the most contentious. While state actions have legalized medical marijuana, Los Angeles criminal defense attorneys still defend countless individuals for sales, possession, use and distribution of the drug. Marijuana (a.k.a. cannabis or pot) is illegal in the state of California unless it is prescribed by a doctor who is licensed by the state. While some drug offenses may be challenged in state courts, Federal law bans marijuana in all forms, and whenever there are large drug busts in California, it is usually done by Federal authorities. However, in a recent case in Van Nuys, what started as a burglary call turned into a major marijuana growing bust.

Police responding to a burglary call at a large warehouse next to the Van Nuys Regional Airport found the purple-striped structure had been converted into a sophisticated marijuana growing, processing and packaging operation. Baled marijuana and some 2,000 well-tended plants - totaling several hundred pounds and valued at $1 million - were confiscated in the raid at the warehouse, which had been rigged with artificial lighting to grow the crop indoors. One person was detained and authorities are looking for others involved in the operation.

The hefty crop was found when police in a helicopter responded to calls about two men in their 20s possibly breaking into the roof of the warehouse. The pair were pulling packages out of the building through a hatch on the roof and throwing them into a car parked below. The duo sped off as the helicopter hovered overhead. Authorities then checked out the hatch on the building's roof and found the warehouse stuffed with the abandoned plants and lights to simulate the sun. It's unknown if the two spotted on the roof belonged to the drug operation or were stealing from it. Police do not know if the regional airport was used by the operators to transport their illicit product. The plants were grown, processed and packaged in the warehouse, said Officer Ana Aguirre, an LAPD spokeswoman.The warehouse offered a sizable spot to grow the plant.

In California, growing marijuana can lead to serious jail time. Police often look for certain indicators of locations that grow marijuana, including:

• absentee landlords


• extremely high electric bills (from the lights that are used in growing marijuana indoors)

One legal tool authorities use to fight crime is asset seizure and asset forfeiture. Federal and California forfeiture laws allow the government/law enforcement to seize personal property and assets believed to be connected to criminal activity. This can be a highly controversial action, because it may affect more than the alleged criminals. It could do harm to their families as well. It is also a challenge to prove what items were and were not purchased using money from illegal activities. For example, police have attempted to claim the houses of those who are committing crimes, and the burden of proving what money was used on the house purchase is placed on the defense.

In a legal move that city officials characterized as the first of its kind in the state, City Attorney Rocky Delgadillo's office has secured a $5 million civil judgment against the Downtown-based Fifth and Hill gang. It allows the city to try to seize $4.2 million in gang members' ill-gotten assets; the remaining $800,000 does not need to be tied to illegal activities.

The latter part of the action stems from Senate Bill 1126, which allows prosecutors to collect assets not linked to criminal activity from any named gang members. The regulation essentially allows the city to treat gangs as businesses, Delgadillo said at a press conference at Pershing Square on Tuesday, Jan. 13. "Just because Fifth and Hill doesn't have articles of incorporation, it doesn't mean we shouldn't be able to treat them the way we treat bad corporations," Delgadillo said. City Attorney officials said the $5 million judgment represents a conservative estimate of the costs incurred over the last 20 years by the city and businesses, mainly in graffiti removal and security, as the result of the gang's activities. The gang had long used Pershing Square for its heroin sales in the area, Delgadillo said. Those activities have been significantly handcuffed since the city secured an injunction against the gang last February, police officials said.

There are other major controversies to asset seizure, including:

• The police can take any possession (house, car, boat, jewelry, cash) without paying for it, even if you haven't been charged with a crime.


• They can keep your property for as long as they want, and they basically write the rules for how to get that property back (if you can at all).


• Generally, under California law, you would have 30 days to respond to a notice of seizure or notice of forfeiture proceedings. If you do not respond in that time period, you may not even have a chance to fight for the property the government is threatening to take away.

Plea bargains have become a standard procedure in criminal cases. "Most people who are charged with committing a crime will have to decide whether to go to trial or accept a plea bargain," says Los Angeles criminal defense attorney Stephen Rodriguez. An agreement between the prosecutor and the defendant's attorney, a plea bargain allows the defendant to plead guilty to a less serious charge or to only one of several charged brought. Prosecutor's offer plea bargains to cut down on work loads and costs, keep courts from getting bogged down and jails from getting too crowded.

Defendants are likely to accept a plea bargain if they feel it will result in a lighter sentence than they might receive if the case goes to court. Even innocent defendants may choose to accept a plea bargain because they fear the risk of going to trial. As Rodriguez points out, "Even a totally innocent defendant may want to plea bargain because you never know what will happen at trial. If you get a good jury -- you may win. Get a bad jury and an inexperienced trial lawyer, and you may lose even if you are innocent." By negotiating a plea bargain, defendants know in advance what they are pleading to and what their penalty will be.

With prosecution costs of a criminal trial topping $10,000 per day, prosecutors in Los Angeles County, California are under significant pressure to negotiate plea agreements. Plea offers are made in almost every case, but it is the defendant's decision alone whether to accept or go to trial. It is extremely important to hire an experienced criminal defense attorney with expertise in negotiating plea agreements. Defendants should fully understand all the repercussions of accepting a plea offer before making their decision. An experienced criminal defense attorney can explain the details and consequences of a plea offer and aggressively negotiate with prosecutors to get you the best possible deal or take the case to trial for you and win.

If you are considering a plea bargain, you need an attorney with years of experience dealing with the L.A. Prosecutor's office, who will negotiate for your rights and welfare, not his own convenience, who has broad experience as a criminal defense attorney and is not afraid to take the case to trial, and who keeps his clients fully informed with accurate information and clearly explained options. Expert criminal defense attorney Stephen Rodriguez has a proven track record of successfully negotiating with the L.A. County prosecutor's office to have criminal charges dismissed or reduced.

Plea bargains have become a standard procedure in criminal cases. "Most people who are charged with committing a crime will have to decide whether to go to trial or accept a plea bargain," says Los Angeles criminal defense attorney Stephen Rodriguez. An agreement between the prosecutor and the defendant's attorney, a plea bargain allows the defendant to plead guilty to a less serious charge or to only one of several charged brought. Prosecutor's offer plea bargains to cut down on work loads and costs, keep courts from getting bogged down and jails from getting too crowded.

Defendants are likely to accept a plea bargain if they feel it will result in a lighter sentence than they might receive if the case goes to court. Even innocent defendants may choose to accept a plea bargain because they fear the risk of going to trial. As Rodriguez points out, "Even a totally innocent defendant may want to plea bargain because you never know what will happen at trial. If you get a good jury -- you may win. Get a bad jury and an inexperienced trial lawyer, and you may lose even if you are innocent." By negotiating a plea bargain, defendants know in advance what they are pleading to and what their penalty will be.

With prosecution costs of a criminal trial topping $10,000 per day, prosecutors in Los Angeles County, California are under significant pressure to negotiate plea agreements. Plea offers are made in almost every case, but it is the defendant's decision alone whether to accept or go to trial. It is extremely important to hire an experienced criminal defense attorney with expertise in negotiating plea agreements. Defendants should fully understand all the repercussions of accepting a plea offer before making their decision. An experienced criminal defense attorney can explain the details and consequences of a plea offer and aggressively negotiate with prosecutors to get you the best possible deal or take the case to trial for you and win.

If you are considering a plea bargain, you need an attorney with years of experience dealing with the L.A. Prosecutor's office, who will negotiate for your rights and welfare, not his own convenience, who has broad experience as a criminal defense attorney and is not afraid to take the case to trial, and who keeps his clients fully informed with accurate information and clearly explained options. Expert criminal defense attorney Stephen Rodriguez has a proven track record of successfully negotiating with the L.A. County prosecutor's office to have criminal charges dismissed or reduced.

Every Los Angeles criminal defense attorney will point to the Constitution as the first place a United States citizen's rights are located. However, some individuals in the media want to punish people using cruel and unusual punishment. The attitude that some individuals bring to sex crimes and sexual offense is not just over-the-top, but dangerous to anyone facing sexual offense or sex crime charges.

In a recent CNN article, a writer calls for greater and more intense penalties for those convicted of sex crimes. In Los Angeles, and throughout California, the penalty for many sexual offenses is already life altering. For example, along with possible jail time and fines, an individual who is convicted of a sexual offense must register with the state under "Megan's Law," which will restrict his/her options in terms of where to live and where they can work.

There is only one registered sex offender list, and it lumps pedophiles in with people who commit consensual statutory rape. This means that a 25-year-old man who has consensual sex with a 17-year-old girl is treated the same as a 45-year-old man who molests a 7-year-old.

This particular writer also uses a particular terrible example, both in terms of the gruesomeness of the crime and the fact that the individual she points to was never charged with the gruesome crime in question. The media demonstrates how difficult it can be to receive a fair trial when everyone at CNN, Fox, NBC, etc. is on a with hunt trying to protect one person by ruining the lives of hundreds of others.

Sexual offense and sex crimes are terrible, for the accused and, of course for the victims. However, to completely overreact and treat the accused as the guilty (unConstitutional) is just another example of media talking heads interfering with justice and possibly ruining the lives of the accused as a result.

Sexual offense laws are constantly changing, in part because technology allows different types of access to sexual interaction and in part because deviants find new ways around sexual laws. When a Los Angeles sex offense attorney is brought on to defend someone charged with a sex crime, their job is usually an uphill climb. One odd wrinkle in sex crime/sexual offense law is the role STD's play in the charges brought by law enforcement. Los Angeles sex crime attorneys have witnessed rapists charged with attempted murder if they had AIDS during the time of the supposed incident.

Recently, a convicted sex offender with AIDS was charged with exposing a 16-year-old boy to the virus by having sexual contact with him at least twice last year, according to an indictment unsealed in a New York courtroom. Robert Musmacker, 36, of Oceanside, pleaded not guilty to third-degree criminal sexual act, reckless endangerment, endangering the welfare of a child and other charges. Judge Barbara Kahn set bail at $500,000 cash and $1 million bond.

Outside court, Suffolk District Attorney Thomas Spota said investigators believe Musmacker has had sexual contact with at least one another young male and perhaps "a significant number of young males," Spota said. "If we have other individuals that have had contact there will be more testimony before the grand jury," Spota said.

Prosecutors said Musmacker was convicted in 1992 on charges that he sexually abused a 6-year-old female relative. He was sentenced to 3 to 9 years in prison and was paroled in 2001, prosecutors said.

His sex crime defense lawyer declined to comment outside court but confirmed that his client is HIV-positive. Musmacker was stopped for speeding by state police on the Southern State Parkway Dec. 28, investigators said, and a trooper "noticed suspicious behavior" in Musmacker's car where a non-related 16-year-old boy was the only passenger.

Sex crimes are a serious matter and both courts and communities have little tolerance for those who are even accused of such crimes. Los Angeles sex crime defense attorneys must be creative, knowledgeable and experienced in order to bring about the best possible outcome for the accused.

In courtroom dramas you hear attorneys arguing with each other about bail. The prosecutor argues for a high dollar figure; the defendant's attorney, for a low figure or none at all. The judge bangs the gavel and says, "Bail is set at . . ."

When a person is arrested, he can be held in jail until he:

• is given a citation and released; or


• is released on his own recognizance, which means he is trusted to appear on his scheduled court date; or


• posts bail.

Bail is like an insurance policy. It is cash or a cash equivalent held by the court to guarantee the defendant's appearance. If the defendant fails to appear on his scheduled court date, he forfeits the money. In California, bail can be paid with cash or a check or the individual can pledge real or personal property, although often the value of the pledged property must be equal to twice the bail amount.

When the bail amount is high and the defendant cannot raise the money on his own, he goes to a bail bond company. The bail bondsman pays the court a designated percentage of the bail amount, in effect entering into a contract with the government to guarantee the defendant's appearance, and the individual is released. If the defendant flees or fails to appear, the bond company must pay the court the full bail amount. Bail companies generally charge a non-refundable 8% to 10% of the total bail amount to assume this risk.

Raising bail through a bail bondsman can be expensive. In Los Angeles, a bail amount of $50,000 can require a payment of $5000 to a bonding company, even if you show up in court. Bail bondsmen often require that a family member or friend co-sign the bond. If the bond is high or the defendant is considered a flight risk, the bondsman may also require the co-signer to pledge collateral, such as cash, a property deed or a valuable possession, on which he places a lien. If the defendant fails to appear and the bondsman has to pay the bail amount, he will collect from the co-signer, taking his property if necessary.

Bail bonds are expensive and you or your co-signer could lose your cash or collateral or both. You will lose the hefty 8% to 10% fee charged by the bail bond company, even if you appear in court as scheduled. Before you contact a bail bondsman, talk with experienced criminal defense attorney Stephen Rodriguez about your options. If bail is necessary, he will recommend a bond company that will handle your case with care and professionalism.

Plea bargains are a staple of every cop and courtroom show on TV. "Copping a plea" seems to be the script writer's favorite trick for getting the goods on the ultimate bad guy. You're familiar with the scene: the tough cop or prosecutor leans on the minor crook, promising him a lighter sentence if he gives up the diabolical plot or rats out the gun-crazed maniac they're trying to put away. It's a highly dramatic way to move the plot along involving lots of anguished close ups and the occasional angry table thumping. In real life, it's not nearly so dramatic.

Plea bargaining is fairly standard procedure in criminal cases, says Los Angeles criminal defense attorney Stephen Rodriguez. "Most people who are charged with committing a crime will have to decide whether to go to trial or to accept a plea bargain," he explains. "Plea bargains are available to the innocent and guilty, alike." Generally, a plea bargain is an agreement between the prosecutor and the defendant's attorney in which the defendant agrees to plead guilty to a less serious charge than the one originally brought or pleads guilty to only one of several charges brought. The defendant benefits by serving a shorter or less onerous sentence than what a jury might decide to award.

There are a number of reasons a prosecutor might offer a defendant a plea bargain. The case against the defendant may be largely circumstantial and the prosecutor may prefer to negotiate some punishment than allow an individual he believes to be guilty to go free. Witnesses may be unavailable or reluctant to testify which can potentially weaken or undermine the prosecutor's case. The prosecutor's case load may be so overloaded that he does not have the manpower to prosecute every case and must pick and choose the most egregious to take to trial. Likewise, the courts may be overloaded with cases or lack a sufficient number of public defenders to guarantee defendants the required proper and speedy trial.

Prosecutors in Los Angeles County are under considerable pressure to negotiate plea agreements to reduce the burden on the prosecutor's office and on the courts. "A plea offer is made in almost every criminal case," Rodriguez says. Whether or not to accept a plea offer is the responsibility of the defendant alone. Hiring an astute criminal defense attorney who understands the details and consequences of a plea offer and who can aggressively negotiate to get his client the best possible deal can significantly impact a defendant's sentence.

Los Angeles is one of many cities that seeks to limit the number of weapons in and around its borders. Los Angeles criminal defense attorneys who defend people in weapons crime cases know that the laws are heavily in favor of the prosecution. In a week when a boy was shot and killed in North Hollywood and all of Southern California is still realing from the murders in West Covina, a man was arrested with weapons in a truly dangerous place. The man arrested at Los Angeles International Airport with a truck full of guns and nearly 1,000 rounds of ammunition said Saturday that he is a law-abiding weapons enthusiast who had no idea he might be breaking the law. A day after he was arrested on suspicion of felony transportation of an assault rifle, Phillip Dominguez said he was confident he would be exonerated. "In the post-Sept. 11 environment, it is well known by weapon owners that airports and weapons simply do not mix," said Los Angeles Airport Police Chief George Centeno. Dominguez, 47, of Orange said that he went to LAX to pick up a friend from Baltimore and that they intended to go target shooting at an outdoor range in San Bernardino County.The attorneys at the Law Offices of Stephen G. Rodriguez represent people charged with the following Gun and other Weapons Offenses:

• 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)

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. In general, a weapons offense is a felony under California law, but possession can be charged as a misdemeanor in some cases. The penalties will vary depending on a number of circumstances:

• The type of weapon involved


• What was being done with it


• If it was loaded and/or concealed


• The individual's criminal record, drug record or drug use at the time of arrest


• Any other factors that might affect the sentence

Megan Kanka was a typical 7-year-old, full of fun and life and excitement for the surprises that came with each new day. On July 29, 1994, she spent the morning riding her bike in the summer sunshine. She was excited when her neighbor offered to show her his new puppy. A day later, New Jersey police found Megan's battered body in a nearby park. She had been raped, beaten and strangled with a belt.

Three years later, in 1997, Megan's 36-year-old neighbor Jesse Timmendequas, a previously convicted sex offender, was sentenced to death in a New Jersey courtroom. Outside the courtroom, Megan's grief-stricken parents, Richard and Maureen Kanka met the press. "He will never, ever, ever get out to harm another little girl," Megan's mother said.

From that horrible tragedy was born Megan's Law which, in California, requires convicted sex offenders to register with their local law enforcement agency. The law makes it possible for citizens to obtain information about the identities and addresses of registered sex offenders through an internet database. The California Megan's Law site is administered by the Office of the Attorney General. It allows people to locate registered sex offenders by name, address, city, zip code and county. It also locates registered sex offenders who live near parks and schools.

In California, you must register as a sex offender if you are convicted of sexual battery, rape including sodomy without consent, kidnapping or assaulting a person to commit rape or certain other sexual offenses, prostitution involving a minor, sexual acts with a child under the age of 14 including sodomy, incest, possession of child pornography and indecent exposure. Offenders must register "within 5 days of being released from prison and then any time they change their address or name, explains criminal defense attorney Stephen Rodriguez. Registrations must be updated at lease annually, more often for those considered violent predators. In California, Megan's Law also requires juveniles convicted of similar crimes to register as sex offenders. However, as Rodriguez points out, juvenile "registration information cannot be disclosed to the public unless the juvenile is a threat to the community."

For complete information about California's Megan's Law, access to the Attorney General's registered sexual offender databases, links for locating sexual predators in other states, and information on how to protect your children from sexual predators, visit criminal defense attorney Stephen Rodriguez's Megan's Law website.

In 2007, New Jersey abolished the death penalty after a state commission ruled it "inconsistent with evolving standards of decency." Jesse Timmendequas, now 47, was one of eight men waiting on death row whose sentences were commuted by Governor Jon Corzine to life in prison without parole.

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Los Angeles hit-and-run crimes are often overwhelming, because they happen quickly and can be overlooked by the accused. Individuals drive fast, in fact most people break the speed limit laws on a regular basis, and so every person inLos Angelesis at risk of committing a hit-and-run crime. Getting into an accident, even a fatal one, isn't a crime necessarily. A hit-and-run crime inLos Angelesis defined as the result of one party causing damage to another party's property or person and leaving the scene before producing the proper driver documentation. Hit and Run charges can be both misdemeanors and felonies, depending on the seriousness of the accident.

ALos Angeles hit-and-run crime can have even more severe consequences when children are involved. For example, police arrested a man who they say fled after crashing his pickup truck into a bus stop, injuring two teenage girls, one severely. Police said 35-year-old Michael Tweedie ofRohnert Parkwas being held on suspicion of hit and run causing serious injury and driving under the influence in the Saturday crash. The girls were waiting at a bus stop with their father when the accident occurred. The father, Asefredo Pineda, said the truck hit a van before coming at them.

Pineda said his 13-year-old daughter was injured severely and airlifted to Children's Hospital inOakland, where she was listed in critical condition. His 16-year-old daughter was taken to a local hospital with less severe injuries and listed in serious condition.

When driving under the influence is involved in aLos Angeles hit-and-run crime, it can make the crime a serious felony which will carry years of prison time.

The attorneys at Rodriguez, Lewis & Kahn are experienced in defending California Hit and Run cases. For first time offenders, Mr. Rodriguez' clients rarely serve jail time. In some cases, Stephen works out an agreement with the victim, Judge, and District Attorney, called a "civil compromise", which results in a dismissal of the defendant's criminal proceedings.

Answering domestic violence calls are among the most hazardous of their duties, say Los Angeles police officers. The volatile emotions unleashed when families are at war with each other escalate the risk of serious -- and sometimes deadly -- violence. For sheer personal risk, many officers equate answering a domestic violence call to intervening at an armed robbery.

In California last year, police officers answered 174,264 domestic violence calls and made 43,911 domestic violence arrests. Under California law, explains Los Angeles criminal defense attorney Stephen Rodriguez, domestic violence is defined as abusive behavior towards a past or present intimate partner, including spouses, ex-spouses, people who are dating, and people who have a child together, whether or not they are married or living together. Domestic violence also includes abusive behavior towards an adult family member or child. Rodriguez notes that, under California law, a child does not have to suffer direct abuse but can be considered a victim of domestic violence simply by witnessing domestic abuse. In such cases, Rodriguez says, child endangerment can be charged under California's domestic violence laws.

Also called spousal abuse, family violence and domestic abuse, domestic violence can take many forms, including physical abuse, threatened violence, emotional abuse and child abuse. California's laws governing domestic violence are complex. Depending on the extent and severity of the victim's injuries and the offender's criminal record, domestic violence defendants can be charged with either a misdemeanor or felony. A history of family violence can escalate a misdemeanor charge to a felony.

As do most states these days, California deals harshly with domestic violence offenders. Society's emphasis is on protecting the victims. If concerned about an individual's or child's safety, police are likely to arrest and remove the offender to protect the victims. Even when the truth of the matter is difficult to determine and blame may exist on both sides, as it often does, police often arrest the individual perceived to be physically stronger just to deescalate emotions. The lawyers are left to sort things out.

If you are charged with domestic violence, it is critical that you immediately contact an experienced domestic violence criminal defense attorney to represent you. Most domestic violence occurs privately within the home. Emotions escalate out of control and there is no uninvolved, calm third party to tell what happened. Only the participants truly know what occurred. Many domestic violence cases get down to a "she said," "he said" defense. It can be easy for an angry spouse or partner to "embellish" the facts to protect him- or herself at the expense of the defendant. A criminal defense attorney experienced in handling volatile domestic violence disputes can protect your interests and make sure the court gets the real facts.

Simply put, embezzlement or employee theft is stealing from your employer. Embezzlement is considered a white collar crime. It's the type of crime that has to involve someone with inside knowledge of someone's finances, because it usually involves moving money around in different accounts which need passwords and so forth. A crime that can accompany embezzlement is identity theft.

Few people, regardless of the amount of money you make, are immune to embezzlement. Even the wealthy can have problems with family members when it comes to embezzlement. The half brother of comedian Dane Cook has pleaded not guilty to embezzling millions from the comedian and was ordered held on $3 million bail. Darryl McCauley was arraigned Wednesday at Woburn District Court on charges including forgery and larceny. Prosecutors alleged that McCauley, 43, stole the money from Cook while being paid $12,500 a month to act as business manager for Great Dane Enterprises, Inc. Prosecutors accused McCauley of transferring funds from Cook's business accounts to his personal accounts between July 2007 and December 2008. In one instance, McCauley forged a $3 million check written from Cook's account to himself, investigators said.

By definition, embezzlement is the "illegal transfer of money or property for personal use." The significant difference between embezzlement (employee theft) and other kinds of theft is that embezzled property is legally possessed or accessed by the person doing the embezzling; usually as part of the job responsibilities.

"I'm a bright, capable and creative-enough guy. I'm someone accustomed to being useful to society," the man lamented to an Ohio newspaper columnist. Once a successful physician, husband and father, this man was scouring the want ads, hoping to find a job. It is an activity that has consumed his waking hours with increasing frustration every day since his parole from and Ohio state prison more than a year ago. "I've applied for every job I could," said the man. "Five hundred, easy. But when you have a nine-year gap in your employment record, there is no way to make that look good." He's had a few interviews, but his prison record is a formidable roadblock. "Who would you hire?" he asks, if you could choose between an ex-con and anyone else?

I picked up the Columbus Dispatch while traveling through Ohio over the holidays and was moved by columnist Mike Harden's interview with a once vibrant, talented and skilled man who now struggles to scratch out the barest of existences. Convicted, sentenced to prison and finally paroled after seven years, "The only thing a jury could convict him of is stupidity," Harden quotes the man's lawyer as saying. I found this man's story a cautionary tale for all of us, particularly those accused of a crime.

It no longer really matters what this man did. He was not a hardened criminal. He did not commit some heinous atrocity. The only person this man hurt was himself. But the bottom line is that he now has a criminal record. His conviction cost him his wife, his children, his home, his medical license, his job, his ability to provide for himself. All the things by which he defined himself as a man and a member of society, gone. And all because he has a criminal record.

As Harden ends his column: "It just might be that, more bruising to the soul than being branded a wanted man, is to be branded as 'unwanted.'"

Not everyone convicted of a crime is a danger to society. Many convicted felons are later proved innocent, some after years in prison. Many others are more guilty of an error in judgment than anything else. Yet, once labeled a convict, society lumps them all together and assigns them to the lowest rung of society. By condemning them as untouchables, society often makes it impossible for paroled convicts to become productive members of society.

If you are accused of a crime in Los Angeles, don't settle for a guilty plea. Do not risk everything that is important to you in life without putting up the best possible fight. If you are charged with a crime, call the experienced, criminal defense experts of Rodriguez, Lewis & Kahn. They understand the law and the system and specialize exclusively in criminal defense. They're the pros you want in your corner.

Federal laws can be a challenge to navigate, because their penalties are stiff and they have the money, authority and strength of theUnited Statesgovernment behind them. Los Angelescriminal defense attorneys who represent those accused of Federal crimes know how hard it can be to defend people in these cases.

Federal laws can also be complicated, and only knowledgeable Los Angelescriminal defense attorneys can give proper guidance on such issues. InNew Mexico, authorities are planning on prosecuting a man on a rarely used "Federal Fetus Law." In essence, the law states that authorities can charge someone with killing a fetus while causing the death or injury of the mother.

The man in question pleaded not guilty to killing a fetus and to first-degree murder and child abuse charges. He is accused of beating to death his 29-year-old girlfriend, in September and killing the fetus she had said was his. Authorities say the victim's 9-year-old son witnessed the assault. If convicted, the man faces life in prison.

While this law is being tested inNew Mexico, it was written in regard to a case that took place inCalifornia. The Unborn Victims of Violence Act stemmed from the abduction and murder of a pregnant woman, Laci Peterson, inCaliforniain 2003. The law makes it a crime to kill a fetus in utero at any stage of development while committing another federal crime; it does not require the perpetrator to know the woman was pregnant.

Los Angeles criminal defense attorneys who are experienced and knowledgeable can help anyone accused of a Federal crime.

Some have said that like the Civil Rights movement of the last half century, the battle against homosexual prejudice will be at the center of this generation's fight for social justice. If recent events are any indication, it will be another long, hard fight.

Two men and two teens have been arrested in the San Francisco Bay area on suspicion of gang-raping a 28-year-old woman. The woman was attacked as she exited her car which bore a rainbow gay pride sticker. Her attackers taunted her for being a lesbian as they raped her. Hitting and raping the woman on the sidewalk as she got out of her car, her attackers shoved her back into the car when someone approached. They drove her to an abandoned building where they raped her repeatedly before stealing her wallet and driving away in her car. Her attackers are being held without bail on charges of gang rape, kidnapping and carjacking. Police indicated that tips from local residents led to the arrests. Police have characterized the crime as a hate crime, noting that the victim's attackers knew she lived with a female partner.

All three of the heinous crimes these men are charged with come under California's tough Three Strikes Law. Under California's Three Strikes Law, anyone convicted of two or more prior strike offenses faces a life-term sentence if convicted of a third felony, even if that felony is not a strike offense. Once convicted of a strike offense, penalties are doubled for subsequent convictions. As explained by expert criminal defense attorney Stephen Rodriguez, "Those defendants who have been convicted of a prior strike must be sentenced to prison for twice the determinate term or twice the minimum for the indeterminate term."

In tough-on-crime California, the Three Strikes Law was instituted to keep violent repeat offenders behind bars. Strikes apply to violent and serious felonies as defined by the state's Penal Code. Strike penalties can also apply to juvenile offenders who are 16 or 17 years old at the time of the offense. Examples of strike offenses include murder, rape, mayhem (serious and deliberate injury that disfigures or disables), grand theft involving a firearm, kidnapping, carjacking with a deadly weapon, any felony involving a firearm, any felony inflicting great bodily injury and a list of other serious crimes.

For more information about California's Three Strikes Law, contact the experienced criminal defense attorneys at the law offices of Stephen Rodriguez.