Los Angeles Criminal Defense Lawyer Blog

You can debate the effectiveness of California's tough Three Strikes Law until you're blue in the face (see our Feb. 25 post), you can argue that their application sometimes results in punishments too harsh for the crimes committed; but the reality is, in California, the majority of politicians, law enforcement officials and the general public are convinced that harsh sentencing of repeat offenders works as a crime deterrent. Whether you agree or not, "three strikes and you're out" is what you're faced with if you're a repeat criminal offender in Los Angeles or anywhere in the state of California.

Sometimes, though, the forced application of the Three Strikes Law would seem to amount to a miscarriage of justice, particularly in a state overwhelmed by seriously overcrowded prisons. Expert Los Angeles criminal defense attorney Stephen Rodriguez recounted the case of Jerry DeWayne Williams who was convicted of stealing a single slice of pepperoni pizza from a group of children.

Williams "received a Third Strike sentence because he had two prior felony strike convictions," LA criminal defense attorney Stephen Rodriguez explained. "Jerry Williams was sentenced to life in prison after pinching the pizza ... because he had a history of robbery, attempted robbery, unauthorized use of a motor vehicle, and possession of a controlled substance. Making off with the slice was petty theft, but, because of California state law and Williams' earlier convictions, the crime was classified as a felony."

In Los Angeles and California, the Three Strikes Law mandates that defendants convicted of a prior strike offense must be sentenced to twice the usual prison term for their crime. Defendants convicted of two or more prior strike offenses face a life sentence if convicted of a third felony, even if that felony is not a strike offense. Designed to be tough on crime, the California law is harsh. Not only does it increase prison sentences, it reduces credits for good behavior.

Conviction of a three strikes offense can be disastrous. The experienced criminal defense attorneys at Stephen G. Rodriguez & Associates are tough and aggressive and understand what's at stake. As Rodriguez says, he and his Los Angeles criminal defense associates "believe that all defendants, no matter what the accusation, are entitled to a thorough and aggressive defense."

Prostitution and solicitation are embarrassing crimes to be charged with, and only skilled Los Angeles prostitution defense attorneys know how to battle in court on behalf of their clients. Recently, law enforcement in Los Angeles has taken a different angle in prosecuting and punishing those individuals charged with solicitation. Solicitation, also known as Solicitation for Prostitution, the act of directing or asking someone to exchange money for sexual activity is defined under Section 647(b) of the California Penal Code. Those arrested for soliciting a prostitute are known as "johns."

Los Angeles has begun a "john" school, a new effort by law enforcement officials to stem prostitution in Los Angeles. Built on the belief that a heavy dose of in-your-face shame and scare tactics can do more to dissuade men from looking to the streets for gratification than traditional punishment, the class -- think traffic school with higher stakes -- offers first-time offenders leniency in exchange for a promise that they will change their ways. It is the latest example of how prosecutors and police around the country are rethinking their strategies in the age-old battle against prostitution.

Launched recently by the Los Angeles city attorney's office, the Prostitution Diversion Program currently targets only those johns nabbed by the LAPD along a cheerless stretch of Figueroa Boulevard pockmarked by liquor stores and cheap motels -- one of the city's epicenters for street-walking prostitutes. There are tentative plans to expand the class citywide if the pilot program proves successful.

Last month's class of johns was a bland bunch. Most appeared to be in their 20s or 30s, with a few others approaching middle age. They wore jeans and inexpensive watches. A few wore wedding bands. A young, heavy-set man with sad eyes and a meek voice slumped in a folding chair, seemingly plucked from an office cubicle. Behind him, two others in baseball caps sat silently with their arms crossed and lips pursed. Sitting alone in the front row, another earnestly took notes in a leather-bound binder.

Not everyone is eligible for john school. A man cannot have prior arrests for prostitution, drugs or violent crimes on his rap sheet and must be willing to submit to an HIV blood test. Each john shells out $600 to cover the cost of the class. In exchange, the men get a free pass -- of sorts. Dawson keeps the misdemeanor solicitation charges hanging over the men's heads for a year. If a john doesn't get arrested again trying to pick up a hooker, his file is closed. He avoids the typical sentence of 15 days in County Jail and a conviction on his record, not to mention the thousands of dollars in legal fees associated with a day in court.

Your first line of defense is to contact a skilled California criminal attorney right away. Your lawyer will evaluate the evidence and witnesses, question the appropriate persons, and work with you on building your case. The criminal defense attorneys at Stephen G. Rodriguez and Associates will act immediately to preserve any evidence favorable to the defense.a

Battling statistics are being used -- in New Zealand of all places -- to debate California's Three Strikes Law and whether it has actually reduced the crime rate. Why? Because the small island nation near Australia is considering implementing a Three Strikes Law. While the New Zealand proposal is significantly different from California's Three Strikes Law and those of the 22 other U.S. states that have introduced Three Strikes legislation, it hasn't stopped NZ politicians from spouting California statistics to support their cause.

NZ politician David Garrett's claim that California's "three strikes and you're out" laws have reduced homicide and robbery convictions in California by 50% has opponents crying "foul." The opposition says that a general nationwide decrease in U.S. crime rates that began five years before California adopted its Three Strikes Law makes such statistics suspect.

"Were 'three strikes' the cause of a significant part of the decline, the rate of decline should have increased after its passage," said Kim Workman, Director of Rethinking Crime and Punishment in a recent news release on the "Scoop" Politics website. "Instead, the rate of decline remained constant, suggesting that the causes of the decline that were operating prior to the passage of the law continued to be the primary reason for the drop in crime rates."

Workman points out that at the time California adopted its tough Three Strikes Law, New York and Canada, neither of which has a Three Strikes deterrent, enjoyed crime rate declines ballyhooed by Californians as being questionably -- in Workman's view -- attributed to the new Three Strikes Law.

"Even in California, the results were unclear," Workman argues. "Californian counties that aggressively enforced the law had no greater declines in crime than did counties that used it far more sparingly. One study found that crime dropped by 21.3% in the six most lenient 'three strikes' counties, compared to a 12.7% drop in the toughest counties."

Workman contends that the only way to truly gauge the effectiveness of California's Three Strikes Law will be to see what happens to the state's crime rate when offenders incarcerated under the law finish serving their time and are back on the streets. Workman is of the opinion that lengthier prison sentences don't reduce a criminal's taste for crime.

Workman's views certainly make for interesting thinking. More on Friday.

When a Los Angeles criminal defense lawyer defends a client who is accused of child molestation or child pornography, the case usually involves jail time, counseling, fines, probation, sex offense registration and other criminal penalties. But new developments in sexual offenses are causing Los Angeles sex offense lawyers to have to look at the possible civil consequences as well.

A federal judge in Connecticut has ordered a man convicted of possessing child pornography to pay about $200,000 in restitution to a woman photographed as a child while being sexually abused. Senior U.S. District Judge Warren W. Eginton said his ruling Monday was the first criminal case in which someone convicted of possessing illegal images -- but not creating them -- is required to pay restitution.

The case involves Alan Hesketh, a British citizen who was sentenced in October to 78 months in prison for possessing and distributing nearly 2,000 photographs of child pornography. The resident of Stonington, Conn., was a vice president of New York-based Pfizer Inc., the world's biggest drugmaker.

Los Angeles sex offense attorneys understand that the law, juries, judges, the media and the public are largely against anyone accused of a sexual offense such as child molestation, even if the accused is innocent.

Stephen G. Rodriguez & Associates is experienced in criminal defense for child abuse, molestation, sexual assaults and child-related sex offenses in Los Angeles and Southern California. His team has successfully defended against many cases involving false accusations by children and has kept a number of falsely-accused individuals from going to prison.

When the economy goes down, crime rates go up. That's the general consensus, but reality is more complicated, according to law enforcement officers, economists and criminologists. A poor economy may cause Los Angeles crime rates to ratchet up a notch or two in some categories, but a wholesale crime surge is seen as unlikely.

"Everybody thinks it's just a law of nature, but that's just not true. There are a lot of things more powerful than the economy operating all the time," David Kennedy, director of the Center for Crime Prevention at the John Jay College of Criminal Studies in New York, recently told Columbus Dispatch reporter Elizabeth Gibson.

National news reports of distraught, destitute workers killing themselves and the families they can not longer support may have skewed public perception. Crimes of such horrific magnitude, while tragic, are rare. Morals, ethics and social structure continue to provide most people with a strong incentive against crime. When crime rates go up in a down economy, University of Missouri-St. Louis sociologist Richard Rosenfeld said it doesn't mean that law-abiding citizens are turning to crime, rather it indicates that experienced criminals have found a lucrative market for cheap, stolen goods.

While a shrinking economy and a bone-dry job markert are eventually expected to have an impact on crime rates, it's petty crime -- small-time thefts, burglary and shoplifting -- that is expected to increase, not major felonies, experts say. In a study of crime data from 1979 to 1997, Ohio State University associate professior of economics Bruce Weinberg found that two situations most affect crime rates:

1. Crime goes up when the economy is good because more people have expensive items to steal.


2. Crime goes up when unemployment goes up among poorly educated men, those with no more than a high school education.

Weinberg found that the greatest increases in crime occur when those two factors exist in close proximity; that is, when there is wealth near unemployment. According to Weinberg, crime can be expected to increase in wealthy pockets of Los Angeles that are surrounded by lower-income areas that historically bear the initial brunt of unemployment when the economy turns sour.

A scan of community police logs already indicates a small increase in misdemeanor thefts of convenience: shoplighting and thefts from cars, open garages and unlocked homes. But while there are pockets of crime; overall, state-wide crime rates have remained about the same. "Criminals are criminals," said one burglary unit officer, noting that the unit's suspect pool remains the same in good and bad economic times.

Few crimes have consequences as serious as attempted murder. Attempted murder is just short of possibly the most serious crime of all: murder. Attempted murder is most easily defined as actions that intended to cause the death of another human being. It is worth noting here that evidence of planning to commit murder is not generally viewed as attempted murder. What sets attempted murder apart is the action, or lack thereof, in a given case. If a defendant omits to do anything, also with the desired end result of murder, this is considered attempted murder as well.

For example, this does not mean failing to administer CPR on someone who is choking if you do not know how, or not jumping into a river to save someone from drowning if you do not know how to swim. In each charge of attempted murder, the prosecution must prove, beyond all reasonable doubt, that it was the defendant's aim to end the life of the victim, either actively or passively. The details of each case are different and really require the careful scrutiny of a criminal defense attorney with extensive knowledge of the legal precedence and procedure in murder and attempted murder cases.

Retaining the services of a skilled criminal defense attorney really can mean the difference between life or death in an attempted murder case. In the state of California, there is no single penalty for an attempted murder conviction, but a variety of penalties that depend entirely on the facts of each case. Murder in self defense can be punished by one to 10 years in prison. If the prosecution can prove that the defendant planned to murder someone, a sentence of anywhere from 10 to 25 years in prison can be handed down, regardless of whether the planning and actions actually resulted in a loss of life. In some extreme instances, such as cases involving a child or minor, a judge can hand down a death sentence.

If you or someone you know has been charged with attempted murder, call the attorneys at Stephen G. Rodriguez & Associates right away. Keep in mind that as per the Miranda Warning that was given to you at the time of your arrest, you do not have to speak to law enforcement officials and you have a Constitutionally given right to speak with an attorney. Let an experienced criminal defense attorney guide you through a legal process that will affect you the rest of your life.

California's Proposition 36 is an alternative sentencing option available to what California law terms "nonviolent drug possession" offenders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows certain nonviolent drug offenders in Los Angeles and throughout the state to receive substance abuse treatment instead of going to jail or prison.

Passed by 61% of California voters in 2000, Proposition 36 is an attempt by the state of California to address a growing drug problem and relieve overcrowding of the state's prison system. Supporters say the alternative sentencing option offers hope of recovery to individuals who suffer from the disease of drug addiction. They also point out that treatment generally costs the state far less than a quarter of the $25,000 annual per inmate cost of incarceration, depending on whether residential or outpatient treatment is required.

Proposition 36 changed California's state law to allow first- and second-time nonviolent, simple drug possession offenders the opportunity to obtain drug abuse treatment instead of being incarcerated. Experienced Los Angeles criminal defense attorney Stephen Rodriguez explains that "nonviolent drug possession" includes possession or transportation of any controlled substance for personal use or being under the influence of a controlled substance in violation of California's Health & Safety Code Section 11550. Proposition 36 provides qualifying drug offenders with substance abuse treatment for up to 12 months with a possible additional six months of "aftercare," relapse-prevention outpatient services. When the defendant successfully completes the required drug treatment program, his conviction is set aside, the indictment dismissed and the arrest is expunged. This allows the individual to lawfully state on employment, loan and housing applications that he was not arrested or convicted for that particular incident.

Proposition 36 is just one of several alternative sentencing options available to nonviolent drug possession offenders in California, notes Los Angeles criminal defense attorney Stephen Rodriguez. If you are arrested on a drug charge, contact the skilled criminal defense attorneys at Stephen G. Rodriguez & Associates to see if you qualify for alternative sentencing under California law.

Being charged with vehicular manslaughter can be a terrifying experience. Simply defined, vehicular manslaughter, or vehicular homicide, is driving negligently, speeding, driving under the influence of drugs or alcohol, or reckless driving which results in the death of another human being. Knowing that you have ended another person's life might feel like punishment enough, but the legal penalties that can be assessed by a judge varies greatly depending on the facts of your case. This is where the help of an experienced Los Angeles criminal defense attorney can save your life.

Vehicular manslaughter can be tried as either a misdemeanor or a felony. If you are found to have been driving just a few miles per hour over the speed limit or driving with "ordinary" negligence, your case is more likely to be tried as a misdemeanor. Negligence is widely defined in the legal world as the failure to exercise reasonable care in a given situation. Gross negligence, on the other hand, is defined as a careless or reckless disregard for the safety or lives of others that is so great it appears to be a complete disregard for other people's rights to safety. If you were found to be speeding, racing or are proven to have been driving under the influence of drugs or alcohol, then "gross negligence" may apply and your case will probably be tried as a felony, with jail time as a penalty.

For a misdemeanor charge of vehicular manslaughter, a sentence of up to a year in a county jail can be given. If the case is tried as a felony, up to 10 years in a state prison can be handed down as punishment. Most cities, including Los Angeles, have legal statutes that effectively make cars potentially deadly weapons. While vehicular manslaughter is generally viewed as a lesser charge than manslaughter or murder, these legal statutes make it possible for you to be charged with manslaughter or murder, depending on the facts of your case. An experienced criminal defense attorney knows their way through the labyrinth of procedures involved in fighting a vehicular manslaughter charge. They will carefully comb over the facts of your case and fight to get you the best outcome possible.

If you have been charged with vehicular manslaughter, call Stephen G. Rodriguez & Associates today to begin preparing your defense.

If you are arrested for a crime in Los Angeles, you may be required to post bail if you want to be released from jail while awaiting your court appearance. (See our Feb. 16 post for an explanation of bail and how to post bail in Los Angeles.) When a Los Angeles defendant lacks the cash resources to post bail themselves, he may use the services of a bail bondsman.

"A bail bond is a contract between the government and the surety," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. In Los Angeles, a bail bondsman guarantees the court that the defendant will appear as required. If the defendant fails to appear, the bail bond company, also called the surety, must pay the court the full bail amount.

Bail bond companies charge a premium for their services, usually 8% to 10% of the bail amount. As criminal defense attorney Rodriguez explains, "This premium is the bond seller's fee for taking the risk that the defendant won't appear in court. A bail bond may sound like a good idea," Rodriguez warns, "but buying a bail bond may cost you more in the long run. The premium you pay the bail bondsman is nonrefundable."

When a defendant doesn't have or cannot raise enough cash to cover the bail amount, a bail bondsman will accept real property or possessions of equal or greater value, deducting the amount of any outstanding loans. The mortgage due on your home or loan amounts still due on possessions offered as collateral for bail -- the unpaid amount on a car loan, for example -- are deducted from the value of the item.

When offering property or possessions as collateral to obtain a bail bond, it's important to understand that if you default on your bail bond, you lose the entire item, including the value of any payments you have made. For example, if you've paid off half your auto loan and use your car as collateral for bail, then fail to appear in court as required; you lose your car, including all the money you've already paid toward the loan. If a parent, relative or friend pays your bail or pledges his home, car or other possessions as collateral for your bail bond and you fail to appear, he could lose his assets.

If you are arrested in Los Angeles, consult the knowledgeable criminal defense attorneys at the Law Offices of Stephen G. Rodriguez. Rodriguez and his associates regularly secure their clients' release without posting bail, saving their clients thousands of dollars that can be applied to their defense. Risking losing your savings, home, car or other valuables to a bail bondsman should only be considered as a last resort.

Southern California, and Los Angeles specifically, is known as a car culture. As such, there are more car-related crimes in Los Angeles than almost anywhere else in the nation. Car crimes can include everything from DUI to vehicular manslaughter, and most serious car crimes occur during special events such as holidays, parties, etc.

• Recently, actor Sam Shepard was pulled over outside of California for DUI. Police issued a breath test to Mr. Shepard and found his blood alcohol level to be twice the legal limit.


• Jason Richardson, a member of the Phoenix Suns basketball team was arrested for reckless driving on allegations he was driving 55 mph above the limit with his unrestrained 3-year-old son in the car. Richardson was previously arrested for DUI in December of 2008.


• A professional surfer who was allegedly speeding and drunk when he crashed a car in Del Mar, CA last year, killing his 24-year-old passenger, was charged with gross vehicular manslaughter while intoxicated and DUI. A $500,000 arrest warrant has been issued for Milton Willis in connection with the accident last June 6 that killed Bradley Dillahunty of Laguna Niguel.

Each of these incidents had to do with some special occasion, a party, visiting family and the NBA all-star game. These types of crimes carry heavy penalties, and Los Angeles criminal defense attorneys know that DUI, reckless driving and vehicular manslaughter could alter the life of the defendant if convicted.

If you commit a crime and are arrested in Los Angeles or anywhere in California and are not released on your own recognizance, you will have to post bail or stay in jail until your trial. Bail is cash or a cash equivalent that must be paid to the court and is held by the court to guarantee your appearance in court, both before and after conviction. If you appear in court as required, your bail is refunded to you. However, if you fail to appear in court, your bail is forfeited and you lose either the cash or the assets used to guarantee the cash amount set forth in your bail agreement. Bail is the court's way of providing an incentive for a defendant to appear in court as required.

If you are arrested for a crime in Los Angeles, the amount of bail that must be paid is determined on a uniform, preset, county-wide schedule. Bail can be paid with cash, a personal check or by pledging real or personal property in an amount equal to the bail amount. "In some cases, the equity available in real property must be twice the value of the cash deposit required for bail," cautions expert Los Angeles criminal defense attorney Stephen Rodriguez. Real and personal property can include your home, land or other real estate you own, jewelry, your car and other personal possessions of value. The amount of the potential loss and the defendant's presumed desire to keep his assets is what makes the bail system work in Los Angeles and everywhere else in the country.

Bail is generally required if the prosecutor considers you to be a flight risk. That is, if the Los Angeles County prosecutor is afraid that you might fail to appear in court or might flee the county's jurisdiction before your scheduled appearance. Preparing for and going to court are expensive. The prosecutor's office will make use of bail requirements to ensure that their and the court's time and money are not wasted. The experienced criminal defense attorneys at the Law Offices of Stephen G. Rodriguez & Associates understand Los Angeles and California bail law and regularly secure their clients' release without posting bail.

Fighting a drug-related crime is a complex series of events that requires the skilled guidance of an experienced criminal defense attorney. InLos Angeles, the possession, use or transport of drugs or controlled substances without a prescription is illegal and can vary from a misdemeanor offense to a felony. Common Los Angeles drug crimes include possession of drugs for personal use, possession of drugs for sale, trafficking (transporting, buying and selling), distribution of drugs, cultivating or manufacturing drugs or conspiracy to any of the above.

Possession charges can be especially tricky to deal with as you don't have to have illegal substance on you at the time of your arrest, but if drugs are found in your car, house, or purse you can still be convicted. A good criminal defense attorney will closely scrutinize the details of your case to see if any of the evidence against you was illegally obtained. One of your constitutional rights is to be free of illegal search and seizures. Law enforcement officials have a series of requirements that they must meet in obtaining evidence against any suspected criminal. If any of these requirements was not met in your case, then the evidence may not be used against you in a court of law. Your attorney must challenge the legality of the evidence in court. An experienced and knowledgeable attorney will know when and if this applies in your case.

Penalties for drug-related offenses vary greatly depending on the severity of the crime. For the most serious crimes, county or state prison is a frequent penalty. InCalifornia, drug counseling is often deemed more effective than prison time. For first and sometimes second time, non-violent offenders,Californiahas made drug counseling available through Proposition 36. For more information about Proposition 36, click HERE.

Deferred Entry of Judgement, or Diversion, allows a defendant to plead guilty of charges, but not be convicted. Instead, the defendant is required to take drug education classes and avoid further arrests or convictions for a period of time. After 18 months, the case is dismissed and the felony comes off the defendant's record. The third penalty for drug-related crimes is known as Drug Court, in which a defendant is ordered to undergo treatments for drug use and is gradually given back more freedoms and privileges as he or she completes levels of the program, which may include jail time in some cases. After the defendant completes all the required treatments, the case is dismissed. If you have been charged with a drug-related crime, having an experienced defense attorney is absolutely essential to your future. Call Stephen G. Rodriguez & Associates immediately to begin preparing your defense.

A new federally-funded study on sex offenses concludes that Megan's Law hasn't deterred repeat sexual offenders and that costs associated with implementing the law may not be justified. Conducted in New Jersey, the state that initiated the now nationwide Megan's Law campaign, the study found that while Megan's Law has made it easier to find sex offenders, it hasn't changed the types of sex crimes committed or decreased the number of victims.

Named for Megan Kanka, a 7-year-old New Jersey girl raped and murdered in 1994 by a neighbor who had twice been convicted of sexual offenses, Megan's Laws have been enacted in all 50 states. California's Megan's Law "requires convicted sex offenders to register with their local law enforcement agency, and makes it possible for people to get information about the identity and address of registered sex offenders," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. As an aid to Los Angeles and California residents, Rodriguez has created a Megan's Law website with links to California's registered sex offender database, links to Megan's Law data bases in other states, useful information about how sexual offenses are prosecuted in California, and valuable tips on protecting your children from sexual predators.

Conducted by the New Jersey Department of Corrections with Rutgers University, the new study used statistical data to evaluate the effect of Megan's law on state crime rates. The study found that while New Jersey spent approximately half a million dollars implementing Megan's Law in 1995, annual costs had climbed to $4 million by 2007. Given the high costs of implementation and negligible effect as a deterrent, some budget-strapped states are taking a closer look at the value of Megan's Law.

However, Megan's mother, Maureen Kanka, told Associated Press reporter Beth DeFalco that Megan's Law was never intended to change sexual predator behavior. "It was to provide an awareness to the public, which it has done." Kanka contends that making parents aware of sexual predators in their midst enables them to better protect their children. Study author, Kristen Zgoba, a research supervisor for the New Jersey Corrections Department, disagreed, telling DeFalco that awareness does not increase safety. "There's no other way to increase safety other than to decrease the likelihood of these crimes taking place."

The study concluded that while registration and notification programs can be helpful, rehabilitation programs for offenders or programs that remove them from the population are more productive. New Jersey's aggressive civil commitment of repeat sex offenders may be more responsible than Megan's Law for the state's sex crimes reduction over the last decade.

In a word, yes. "If it doesn't belong to you and you deface, destroy or damage it without the owner's permission, you have committed the crime of vandalism," says expert Los Angeles criminal defense attorney Stephen Rodriguez. Under California law, vandalism includes defacing property with graffiti, damaging property, or destroying the real or personal property of another. "While subway graffiti art, keying a parked car, or defacing a street sign may seem inconsequential," Rodriguez warns, "these crimes qualify as vandalism by California lawmakers determined to bring an end to vandalism throughout the state."

Even street artists whose graffiti eventually transcends their subway roots to go mainstream are still considered criminals when their art is created on property without the owner's permission. That's the case with Los Angeles street artist Shepard Fairey who was recently arrested in Boston on two counts of vandalism for tagging property with graffiti. Creator of the colorful and hugely popular "Hope" poster of Barack Obama, Fairey has been in Boston for several weeks preparing for his first solo exhibition at the Institute of Contemporary Art. Boston police arrested Fairey on his way to the opening event. He was released on bail several hours later.

The fact that the 38-year-old Fairey is a well-known graffiti artist with a Los Angeles studio whose art is now sought by mainstream collectors doesn't place him above the law. The street artist has been arrested numerous times in Los Angeles and California for drawing on buildings and private property without the owners' permission. California is tough on vandals. Laws protect the rights of property owners; and graffiti, no matter how artistic, defaces and devalues property.

Vandalism includes more than graffiti crimes. Slashing a tire, carving initials into a desk, toppling a headstone, ripping a bus seat, breaking a window, keying a car and other acts are prosecuted as vandalism crimes. In California, vandalism is prosecuted to the full extent of the law as a deterrent, cautions experienced Los Angeles criminal defense attorney Rodriguez.

Penalties for vandalism can be severe and include community service, probation, steep fines, restitution, and even incarceration. When there is minimal damage -- less than $400 -- first time vandalism is usually charged as a misdemeanor. However, vandalism can be charged as a felony and often is when damage exceeds $400 or the defendant has prior convictions. A prior criminal record, gang involvement, and hate crimes can also escalate vandalism from a misdemeanor to a felony. Vandalism fines range from $400 to $5,000 and can result in a one-year suspension of your driver's license.

Many people wrongly assume that crimes committed by minors are less serious than crimes committed by adults. Law enforcement officials, however, take crimes committed by minors very seriously and minors committing crimes are often subject to similar punishments as adults as a consequence. Minors who commit crimes are most often subject to a separate judicial system, the juvenile court system where the prevailing philosophy is that, with the proper counseling, most juvenile offenders can learn to make better choices in the future.

Some of the most common crimes committed by minors are: Driving under the influence, petty theft, shoplifting, assault, battery, drug possession, gang crimes, carjacking, vehicular theft, burglary, drug possession with intent to sell, sex crimes and vandalism. In general, the maximum age at which a crime is prosecuted as a minor is 17. However, if the crime is serious enough, and depending on how close to 18 the accused is, then he or she may be tried as an adult. Court records for juvenile crimes are sealed, unlike in the adult criminal court system where records are open to the public. Punishments for minors convicted of crimes include, but are not limited to: jail time, placement in a juvenile detention center, monetary fines, community service, probation, parole, mandatory drug or alcohol counseling, or court-ordered therapy. Nor does the punishment stop with the juvenile convicted of a crime. Some states have adopted laws that hold parents responsible for their children's actions, or can find parents guilty of an offense such as failing to supervise their child. Additionally,California's "Three Strikes Law" has in many instances also included crimes from a defendant's juvenile record.

Having a child or grandchild accused of a criminal act is a very serious matter. The best thing you can do for your child or grandchild's future is hire a knowledgeable, thorough Los Angeles juvenile crimes attorney to guide you through the juvenile court system.

Being convicted of a sex crime carries penalties that are, in some ways, more severe than that of any crime short of murder. While nobody debates the seriousness of sex crimes, the punishments and penalties for these crimes can border on inhumane. Los Angeles sex offense lawyers regularly defend people who have already been convicted in the minds of the media and the public. Most, if not all, states inAmericarequire certain types of sex offenders to become part of a registry that is available for public viewing and are often severely limited as to where they can work or live. As demonstrated below, a sex offense lawyer may be the only friend someone has if charged with a sexual offense inLos Angeles. As one extreme example, the State ofGeorgiapassed legislation in 2006 that barred sex offenders from living within 1,000 feet of a school, daycare center, church, park or any other place where children may gather. This law would be simply on par with laws in many other states if not for the fact that it also included bus stops. Compliance with this law would render nearly all of the state, and certainly almost any major metropolitan area, off limits for a sex offender. Because of the difficulty in enforcing this, there is currently a restraining order on the bus stop portion of this law. InCalifornia, registered sex offenders are barred from living within 2,000 feet of schools, parks or other places where children may gather, and home addresses of many registered sex offenders are available online for anyone to view. The extent to which sex offenders are punished in other countries is almost limitless. A report released by the Council of Europe's Anti-Torture Committee in July of 2008 detailed the surgical castration of at least 94 convicted sex offenders in theCzech Republicin the decade preceding their visit to the country in April of 2008. Under Czech law, prisoners must "request" the procedure, but the committee's research found that a large majority of prisoners elected to have the procedure done because they had been threatened with lifelong imprisonment. The Committee's findings also uncovered at least five cases where the prisoner who had the surgical castration performed was legally incapacitated (mentally handicapped) and a court-appointed guardian had signed the consent form. In two instances of those five, the prisoners' legal guardians were mayors. The Committee called the practice "invasive, irreversible and mutilating, " and called for an immediate end to it.

California recognizes that there are options to packing people into overcrowded state prisons. Not all crimes deserve a jail sentence and not all criminals deserve to go to jail. California has developed a number of alternative sentencing options to deliver appropriate punishment without jail time. The judge and prosecutor may consider an alternative sentence if:

• The defendant has not committed a serious crime and has not committed an offense that carries a mandatory sentence.


• The defendant has not committed numerous crimes.


• The defendant has not committed a serious felony and did not use a weapon.


• The defendant does not pose a risk to himself or the community.

Judges and prosecutors are not required to consider alternative sentencing, but a skilled and knowledgeable criminal defense attorney can often construct the right alternative sentencing strategy that will convince them not to send a convicted defendant to jail. Some possible alternative sentencing options include:

• House arrest, home detention or electronic monitoring limit the defendant's mobility. The defendant is fitted with an electronic device or ankle bracelet that monitors his whereabouts at all times. The defendant may be allowed to participate in certain approved activities, such as work, school and church. The court can order electronic monitoring or the defendant can apply with the help of a skilled criminal defense attorney.


• Work release or work furlough programs allow defendants to work at a designated work site during the day, usually to perform physical labor, returning either to their own home or to a specified dormitory at night. The length of work service is determined by the court but a skilled criminal defense attorney may be able to negotiate a shorter term.


• Drug courts under Proposition 36 offer drug users treatment instead of jail time. Not all drug offenders are eligible. An experienced criminal defense attorney can examine your case and tell you if you are eligible for Proposition 36 treatment instead of jail time.


• City jail or private jail allows the defendant to continue working during the week, checking into a private or city jail each weekend to serve his sentence. Participants check in on Friday afternoon and are released on Sunday afternoon. There are specific eligibility requirements for this program, and participants may be required to pay a fee for their weekend jail stays.


• Community Service requires participants to work for city organizations or to perform clean up duties.

If you have committed a crime, contact the skilled Los Angeles criminal defense attorneys at Stephen G. Rodriguez & Associates to see if you might qualify for alternative sentencing in California.

-Legal Pro

California prisons are full of people who made poor choices. Deciding to commit a crime is often just the first in a series of fateful decisions. Individuals charged with a felony or misdemeanor often compound their problems by choosing an attorney who is unfamiliar with the local court system or by choosing an attorney who lacks sufficient experience litigating criminal defense cases in California. If you are charged with a felony or misdemeanor in the Los Angeles area, failing to hire an aggressive and experienced Los Angeles criminal defense attorney can cost you your freedom.

What if I'm innocent? Too late, many people find out that being innocent is not enough. Innocent people go to jail all the time. Many people in Los Angeles believe that if they're innocent, they don't need an experienced criminal defense attorney to represent them in court. Many people choose to rely on a trusted family attorney when they're charged with a felony or misdemeanor. Some even try to represent themselves. They don't seem to realize the seriousness of the charges and the disastrous consequences of conviction.

When they're in legal trouble, people tend to call a lawyer they trust. Unfortunately, the attorney who handles your will or who managed your last house sale or who represents you in business matters does not have the specialized knowledge and trial experience to adequately represent you in a criminal case. Like medicine, law has become a highly specialized field. You wouldn't ask your family doctor to perform heart surgery. Don't ask your family lawyer to provide expert criminal defense that may be well outside his area of expertise.

What if I'm arrested? What you say and don't say when you are arrested and the circumstances of your arrest can be critical to your defense. If you are arrested for a felony or misdemeanor in California, you should immediately exercise your right to consult an attorney before making any statement. Both felonies and misdemeanors can result in jail time and a criminal record that can make finding employment and housing difficult.

Experienced Los Angeles criminal defense attorney Stephen Rodriguez and his associates have earned an outstanding record assisting clients who have been charged with criminal offenses in Los Angeles and the surrounding area. Their extensive criminal defense experience and expert knowledge of the California criminal justice system enables the skilled criminal defense attorneys at Stephen G. Rodriguez & Associates to protect their clients' rights, clearly explain legal options, and assist their clients in making the right decisions about their cases. If you are arrested or charged with a crime, contact the expert criminal defense attorneys at Stephen G. Rodriguez & Associates immediately.

-Legal Pro

A violent assault in Tarzana at a strip club shocked the community and highlights the seriousness of assault charges. Police were searching for two people accused of an assault, setting on fire and critically injuring an exotic night club dancer. The incident occurred at or near the Babes & Beer nightclub. Police were searching for Rianne Theriaultodom, 27, of North Hollywood, and Nathaniel Marquis Petrillo, 22, of Reseda, in connection with the crime.

Witnesses identified the two suspects and police were asking for the public's help to locate them. "We have them positively ID'd," Moore said. "They may be responsible for her ultimate murder." The woman, whose identity was not immediately released, was described as being in grave condition with burns over 60 percent of her body. She has two young children.

Violent assaults such as this could warrant attempted murder charges as well, the penalties for such crimes include years in jail. These crimes are felonies and are seriously prosecuted by the Los Angeles District Attorney's office. This will also count as a strike for both individuals under California's Three Strikes laws.

Assault carries with it probation, jail time, significant fines, anger management classes and much more. The Law Offices of Stephen G. Rodriquez are staffed with lawyers who regularly represent individuals being prosecuted for assault crimes and attempted murder.

Having an experienced and qualified Los Angeles DUI defense attorney by your side may not seem important. Most DUI cases handle seemingly small matters, such as fines, license suspensions and probation. However, as most Los Angeles DUI lawyers will tell you, these matters aren't small at all, and other issues surrounding DUI cases can be incredibly difficult to deal with.

For example, authorities today identified an 11-month-old girl killed by a suspected drunken driver who is also accused of injuring her 5-year- old sister and their mother in a hit-and-run crash in the Westlake area.

A witness followed the driver from the crash scene at Bonnie Brae Street and Olympic Boulevard shortly after 6 p.m. Sunday and got the car's license plate number, said Los Angeles Police Department Chief William Bratton. Henry Yovanni Moreno, 30, of South Gate, was taken into custody several hours later.

The 11-month-old girl -- identified by the coroner's office as Yudith Ausencio of Los Angeles -- was struck while being pushed in a baby carriage in a marked crosswalk. Her 5-year-old sister, who was walking beside her mother, was critically injured, and the woman was seriously hurt, Bratton told reporters Monday outside the LAPD's downtown headquarters.

"The driver struck them and then drove away, without stopping, leaving a horrible and deadly crime scene," Bratton said.

The DUI investigation used traffic cameras, police dogs and other investigative techniques. When a DUI matter involves any sort of hit-and-run and/or fatalities, the consequences will become severe as the offense turns into a felony.

Moreno, who remains jailed without bail, is from Honduras, according to investigators. Police don't know his immigration status and have referred that issue to U.S. Immigration and Customs Enforcement, according to Deputy Chief Sergio Diaz.

Residents of the Silver Lake and Echo Park areas of Los Angeles, California are up in arms about a recent string of assaults and robberies in their neighborhoods. Over the past two months, 10 robberies have occurred in the area, all at night or in the early morning hours. In each instance, a lone man was attacked while walking down the street. One victim was threatened with a gun to the head while perpetrators demanded money. Another victim was stabbed in the shoulder. LAPD is investigating the crime spree. Victims' descriptions of the perpetrators as Hispanic men, has led LAPD to suspect Hispanic gang members.

California law defines robbery as "the taking of property from another against their will by means of force or fear," explains Los Angeles criminal defense attorney Stephen Rodriguez. Unlike burglary or theft, robbery involves person-to-person confrontation. Assault is "the unlawful attempt to violently injure another person" whether by threat or physical injury. In the state of California, robbery is a serious and violent felony punishable by state prison, Rodriguez warns. Use assault in the commission of a robbery and the seriousness of the charges and potential penalties escalates.

In California, robbery is classed as either first degree or second degree robbery. First degree robbery is the more serious charge and involves:

• Robberies that occur in inhabited dwellings.


• Robbery of a person using an ATM machine.


• Robbery of a passenger in bus, taxi or other vehicle for hire.


• Robbery of the operator or a bus, taxi, street car or cable car.


• Carjacking.

All other robberies are classed as second degree robberies.

First degree robbery, including carjacking, is punishable by 3 to 9 years in a state prison; second degree robbery, by 2 to 5 years in prison. Add in the doubled sentences imposed on convicted felons by California's Three Strikes Law and you could face significant prison time. Use a gun during a robbery and California tacks on 10 years to your sentence. If the gun discharges, whether it's intentional or unintentional, the state adds 20 years to your sentence.

Robbery and assault are serious charges that are aggressively prosecuted in Los Angeles. If you commit robbery, particularly robbery with assault, a serious first degree robbery charge, and are convicted, you risk spending decades in a California prison. Expert Los Angeles criminal defense attorney Stephen Rodriguez and his team of skilled criminal defense lawyers have the experience handling robbery charges to skillfully and aggressively represent you if you are charged with robbery.

My niece will turn 18 soon and her parents are looking at having her juvenile record expunged. Like many teens, she ran into a little trouble with the law a couple of years back. When she started at a new high school she began hanging with a new group of kids who were more interested in raiding dad's liquor cabinet and smoking weed than they were in studying. She got picked up for possession once and got busted for intoxication when neighbors called the cops about a teen party. Fortunately, she's cleaned up her act. She's been straight and sober for two years, has a new group of friends, and is a regular on the honor roll these days. But that juvenile record still bothers her -- and her parents.

"A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical and other professional licenses), running for political positions, and other benefits of society we take for granted," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Worried that a background check or Internet search might reveal their daughter's past indiscretions, my niece's parents have contacted an attorney to see if her record can be expunged. My niece has been accepted to college and has her whole life ahead of her. She's worked hard to put her past behind her and her parents don't want some ill-willed future "friend" or over-diligent personnel manager digging up the past and creating a problem. Expunging their daughter's record will remove her convictions from the public record.

"Expunging the criminal record dismisses and sets aside your felony and/or misdemeanor conviction from the public record," explains criminal defense attorney Rodriguez.

When your record has been expunged, you can lawfully answer "no" to questions on forms asking whether you've ever been convicted of a crime. (You must, however, report your conviction and expungement on official government forms.) Expungement allows you to hold your head high with confidence and compete equally in society. When your record has been expunged, you don't have to worry that someone will find out about your past indiscretions. You can seek employment and housing and obtain credit without having to report a criminal conviction. Expungement wipes away the past and lets you focus on the future.

Not all records can be expunged. If you or your teen has a criminal record that you would like to have expunged, the expert criminal defense attorneys at Stephen G. Rodriquez & Associates can review the case and advise you about your options.

-Legal Pro