Los Angeles Criminal Defense Lawyer Blog

According to a Los Angeles Times news article, federal agents seized roughly 640 pounds of marijuana from a private shipping boat about four nautical miles west of San Diego's Mission Bay. Reports indicate that police arrested two men in their 20s, who are both reportedly American citizens, but have not disclosed any names. Both men were arrested on suspicion of smuggling the marijuana and could face felony trafficking charges. The shipping boat was coming from Mexico and U.S. Customs and Border Protection officials are investigating further.

While federal agents are investigating this case in San Diego and Mexico, trafficking and distribution offenses are common in the Los Angeles area as well. In Los Angeles, where laws regarding the use of certain drugs such as marijuana are somewhat more relaxed than in other municipalities, possession of 28.5 grams or less of marijuana that is intended for personal use is generally classified as a misdemeanor offense. Anything over that 28.5-gram limit could be classified as a felony offense by local police. With such large haul of drugs as was found by federal agents over the weekend, felony trafficking and distribution charges will almost certainly apply, with penalties of up to several years in a state prison as potential punishment. Drug offenses are not taken lightly in Los Angeles. Police work around the clock in tracking people and information that will help them make drug busts. And the majority of Los Angeles drug offenses (especially trafficking, distribution, manufacturing and even possession) can be charged as felonies. Having a prior felony record also counts against you in Los Angeles because of California's "Three Strikes" laws, which subject criminal offenders to enhanced sentencing for multiple felonies.

If you have been arrested and charged with a drug offense, you need a good drug offense attorney right away. With Los Angeles police using all their resources to compile their case against you, a criminal defense attorney with a solid background in drug offenses will fight for your freedom. If you have been charged with a drug offense, call the attorneys at Stephen G. Rodriguez & Associates today.

TV lawyers are always taking their cases to trial. Those emotional courtroom scenes make for high drama and good TV. What TV doesn't often show you are the long hours lawyers spend preparing for trial while their clients sit in limbo, often behind bars, awaiting the big day. They also don't show you the repeated delays and continuances that can drag a defendant's right to a speedy trial out into months of anxious waiting and needless expense. They don't usually show you when critical testimony or evidence is thrown out by the judge, evidence the defendant may have been counting on to prove his innocence.

Because TV likes to deal in heroes and villains, courtroom dramas rarely show you when a jury of allows their emotions to get in the way of a fair judgment and convicts someone unjustly. And TV doesn't show judges with their own personal ax to grind imposing overly harsh sentences on offenders. These things may not happen every time; but they do happen. Justice isn't always just. If it were, scores of jailed convicts wouldn't be exonerated and freed by DNA tests every year.

The truth of the matter is trials are a crap shoot. Most of the time, justice is served and the guilty are sentenced to serve reasonable sentences. But as a defendant, you can't count on it. Plea bargaining is a way to not only manage your criminal defense costs -- and for the state to manage prosecutors' costs -- but it also allows defendants to negotiate their sentence ahead of time.

Whether you're innocent or guilty, a plea bargain may be a defendant's cheapest and most effective way to settle a legal matter; but only if you are represented by an aggressive and experienced criminal defense attorney. Chose the wrong attorney, and you could find your rights bargained away. An expert criminal defense lawyer like Stephen Rodriguez who has considerable experience negotiating plea bargains with the Los Angeles prosecutor's office and the court has the knowledge and skills to aggressively negotiate a favorable plea bargain for his client. An experienced criminal defense attorney may be able to have the charges reduced or keep the defendant out of jail by negotiating alternative sentencing.

To find out more about plea bargaining and alternative sentencing, contact the Law Offices of Stephen R. Rodriguez in Los Angeles.

In America, an individual charged with a criminal act is entitled to be represented by a criminal defense attorney who can protect his legal rights and see that he receives a fair hearing or trial. In California, it is up to the prosecutor to prove every aspect of his case against a defendant. If an individual's criminal defense lawyer can show that the state has failed to prove every element of its case, the defendant is judged innocent of the crime and goes free.

Even when the prosecutor is able to prove his case, the California justice system allows the defendant's attorney the opportunity to challenge the conviction using an Affirmative Defense based either on Justification (see our March 25 post) or Excuse.

Excuse Defenses apply when the defendant makes a wrong choice because he is incapable of controlling his behavior, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. There are a number of excuse defenses available to a defendant's attorney:

• Duress can be used as a defense if the defendant committed the crime because of force or threats from another person. If the defendant acted out of fear for his life or fear that he would be seriously harmed, as long as the defendant did not recklessly place himself in such a position, duress can be used as a defense.


• Intoxication can be used to defend against crimes committed while the defendant was intoxicated that the individual would not have committed if sober.


• Diminished Capacity, while controversial and often difficult to prove, can be used as a defense when there is evidence that the defendant did not have the mental capacity to commit the crime.


• Insanity provides complete defense against a criminal charge but is only available if the defendant's mental disorder prevented him from knowing his actions were wrong.


• Entrapment can be used as a defense if the defendant was unfairly lured by law enforcement officers into committing a crime he would not otherwise have committed.


• Infancy excuses the acts of children under the age of 7 because they are too young to be criminally responsible for their actions. Infancy can be used as a defense up to age 14 in California, but the prosecutor has the right to argue against use of the infancy defense for children age 7 to 14.

It takes an experienced criminal defense attorney to successfully use an Affirmative Defense in Los Angeles courts. Los Angeles prosecutors are aggressive prosecutors of crime. If you are charged with a crime in the Los Angeles area or in California, contact the aggressive and effective criminal defense attorneys at the Law Offices of Stephen G. Rodriguez for a free consultation.

America's justice system is based on equal rights for all. The prosecution does not hold all the cards when an individual is charged with a crime. Criminal defense attorneys use a variety of defenses to protect the rights of the accused. In defending criminal charges in California, the most important thing to know, says expert Los Angeles criminal defense attorney Stephen Rodriguez, is that the prosecutor for the State of California must prove each and every element of the criminal offense. If the prosecutor fails to prove every element of his case against an individual, the defendant is judged innocent of the crime and goes free.

An astute criminal defense attorney has the knowledge and experience to effectively challenge the elements of the prosecutor's case. If the defense attorney can establish involuntary acts, mistake of fact, mistake of law, impossibility or abandonment/withdrawal, Rodriguez explains, he can effectively challenge the prosecutor's case. But even if the prosecutor is able to prove that the defendant committed a crime, the defendant's defense attorney can use an Affirmative Defense to challenge the conviction, says Rodriguez.

There are two affirmative defenses: Justification and Excuse.

Justification Defenses apply when the defendant's conduct is deemed justified under the circumstances. In other words, if the defendant acted properly in a threatening or dangerous situation, his actions are not judged to have broken the law. Justification defenses include: self defense, defense of others, defense of property, law enforcement defense and necessity. Law enforcement defense applies strictly to law enforcement officers and those acting on their behalf when force must be used to apprehend a criminal suspect.

The necessity defense is a "last-resort" defense, explains attorney Rodriguez, in which the criminal defense lawyer must prove that the defendant's actions meet four requirements: that the defendant faced a choice of evils, that there were no apparent legal alternatives to the action taken, that an immediate threat existed, and that the defendant chose the path of lesser harm. "And, of course," Rodriguez adds, "the defendant must not have caused the necessity."

Excuse Defenses can be used in California when the defendant makes a wrong choice because he is incapable of controlling his behavior, L.A. criminal defense attorney Rodriguez explains. Excuse defenses can include: duress, intoxication, diminished capacity, insanity, entrapment or infancy.

Well discuss excuse defenses in greater detail on Friday.

-Legal Pro

Crimes in California are generally classified as either misdemeanors or felonies. Misdemeanors are typically considered less severe crimes and are punished accordingly. Most misdemeanors carry a punishment of fines, counseling or probation, but can also be punished by up to one year in a county jail.

Felony crimes, however, typically garner a minimum of 16 months in a state prison or, depending on the crime, life in prison. Punishments for felonies also carry what could be a lifetime of limited employment or living choices after time in prison has been served. Many would-be employers or landlords are hesitant to hire a convicted felon, or are often fearful of allowing a person with a criminal record to reside in their property. Applying for a home loan or other forms of credit may also pose similar difficulties.

While many misdemeanor and felony crimes can be similar in concept, what typically separates the two are the amount of damage done and the means with which the crime was committed. Examples of felonies include, but are not limited to: embezzlement, fraud, forgery, computer fraud, rape, sexual abuse and/or assault, possession of child pornography, murder, manslaughter, arson, grand theft involving a firearm, drug possession or manufacturing and drug possession with intent to sell.

Crimes such as theft can be upgraded from misdemeanor to felony status if the value of the items stolen is more than $400. Sentencing for felony criminal offenses are typically assessed low, middle or high term punishments. The type and length of punishment given by a judge depends on several factors such as whether or not the crime involved great violence or bodily harm to another person, whether or not a firearm was used to commit the crime and the particular vulnerability of the victim of the crime. Consideration is also given to whether or not the accused was defending themselves or if they were provoked or coerced in some way.

California has the added element of a "Three Strikes" laws. These laws can double prison sentences if the defendant has a prior criminal record, and when the third "strike" is committed, the defendant automatically faces life in a state prison without the possibility of parole.

Felony criminal offenses are taken very seriously in California and prosecuted vigorously. Having an experienced criminal defense attorney is absolutely essential in fighting to stay out of prison. The right attorney can potentially help you avoid jail time for a felony conviction and later help have the offense expunged from your criminal record. If you are being charged with a felony offense, call the attorneys at Stephen G. Rodriguez & Associates today to begin preparing your defense.

Homicides in Los Angeles County were down 15% during the first two months of 2009 compared to 2008, Los Angeles County law enforcement officials reported. The L.A. County coroner's office reported 122 homicides in January and February of this year, compared to 144 in the first two months of 2008. The Los Angeles County Sheriff's Department reported a 12.2% decrease in homicide investigations in the first two months of the year, 36 compared to 41 in January and February of 2008. Law enforcement officials contributed the decrease in the number of homicides to L.A. County's aggressive pursuit of gang crimes.

"We feel the reason that they're [homicides] down a little bit is because of the aggressive stance we've taken against gangs in the past year and a half," Lt. Duane Harris of the Sheriff's Homicide Bureau told reporter Brian Day of the Whittier Daily News in Whittier, California.

Combined efforts by multiple L.A. County departments and heavy government support were cited by the L.A. County Sheriff's Department spokesman as the primary reasons for the homicide reduction. "Crime is down because of additional resources," Sheriff's Department spokesman Steve Whitmore told Day. Whitmore noted that targeting high gang crime areas in the San Gabriel Valley, Whittier and Compton paid off.

Los Angeles County and surrounding areas have found that heavily targeted enforcement efforts bring results. Pasadena recently collaborated with police in Philadelphia to shut down a gang gun running operation. Targeted enforcement blankets high crime areas with law enforcement resources to close down high crime activities, particularly drugs and guns that spur other felonious activities.

California is notoriously tough and aggressive on crime. "In 2003, 68% of adult California felony arrests resulted in conviction," said expert Los Angeles felony attorney Stephen Rodriguez. If you're caught in a law enforcement crime net, obtaining the services of an experienced criminal defense attorney is critical. Most felonies in California are punishable under the state's Determinate Sentencing laws. "This means that when someone is convicted of a felony offense and sentenced to prison, the judge may impose one of three person terms -- low, middle or high term," explained Los Angeles attorney Rodriguez. Many factors can affect the judge's sentencing decision; but without expert criminal defense, judges often choose the middle sentence, Rodriguez noted. Repeat offenders who run afoul of California's Three Strikes Law face incredibly harsh punishments that strip away rights and enforce severe mandatory sentences.

To find out more about California sentencing laws and the rights of criminal defendants, visit the website of Los Angeles criminal defense lawyers Stephen G. Rodriguez & Associates.

In a state with as many drivers as California, being on freeways and roads can sometimes be dangerous. Car accidents can cause more than just damage to your car, they can cause injury to another person and, in the most extreme cases, death. Vehicular manslaughter is a serious criminal charge in California and recent legislative changes are making the potential penalties for it stiffer. Currently, vehicular manslaughter is defined as drunk driving, gross negligence, speeding, reckless driving or a hit and run collision that results in the death of another person. Vehicular manslaughter cases are generally assessed lesser punishments than other types of manslaughter or murder charges since they tend to occur by accident and without premeditation or the intent to kill. In 2008, however, Governor Schwarzenneger signed into law a slight amendment to the language of California state driver's license application. Anyone who applies for their first driver's license or is renewing their current license after July 1, 2008 must sign an application that states:

"I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I drive while under the influence of alcohol or drugs, or both, and as a result, a person is killed, I can be charged with murder." (Veh. Code, § 13385, subd. (a)."

This is big news since the penalties for murder and vehicular manslaughter are, or were, very different. Murder can carry anything from 15 years to life in a state prison. Penalties for vehicular manslaughter cases can be anything from up to one year in a county jail to six years or more depending on the circumstances of surrounding the offence. A vehicular manslaughter case that involved a drunk driver can be "upgraded" to a murder offense since the driver in question has signed that application. The legal jargon and its implications in a vehicular manslaughter case can be extremely confusing and the legal process intimidating. If you have been charged with vehicular manslaughter, you need an experienced criminal defense lawyer by your side to fight for your freedom. Call the attorneys at Stephen G. Rodriguez & Associates right away to begin preparing your case.

Rapper and self-proclaimed "voice of his generation" Kanye West was charged with one count each of misdemeanor vandalism, grand theft and battery by the Los Angeles city attorney this week stemming from a scuffle with the paparazzi at Los Angeles International Airport in September of 2008. The Los Angeles County district attorney's office had earlier decided against pursuing felony charges against West over the incident.

West and his manager, Don Crawley, were arrested in Los Angeles on suspicion of felony vandalism after a confrontation with a paparazzi photographer and videographer in the passenger screening area. The videographer, who reportedly works for website TMZ.com caught the incident on video before Crawley attempted to take the camera from his hands. Crawley has been charged with two misdemeanor counts each of vandalism, grand theft and battery.

If convicted of the misdemeanor charges, West faces a maximum of two years and six months in a Los Angeles County jail with Crawley facing up to five years. In the incident, West and his manager confronted the paparazzi, took their equipment from them (constituting theft) and threw them on the ground. While the definition of theft is readily understandable, vandalism may be less familiar. California law defines vandalism as the defacing, damaging or destruction of the property of another person. Since there are also misdemeanor charges of battery, West and Crawley presumably came into physical contact with the paparazzi members, struggling with them to take the equipment away.

Typically, the difference between a misdemeanor theft or vandalism charge or a felony charge in Los Angeles is if the value of the property stolen or vandalized is $400 or more. In this case, felony charges would have been possible for law enforcement to pursue, however, the Los Angeles Police Department has been cracking down on aggressive paparazzi behavior, which may explain why the charges were downgraded to misdemeanor status. West and Crawley are scheduled for arraignment April 14th at the Airport Courthouse.

Don't settle for a "guilty" plea. Being convicted of a crime in California can lead to jail, hefty fines and a criminal record. Let Stephen G. Rodriguez & Associates, a team of experienced Los Angeles criminal defense attorneys, represent you in court. Call us now for a FREE CONSULTATION. (Los Angeles cases only).

The penalties for murder or homicide conviction are so severe and life altering that every defendant deserves the very best defense the legal system can provide. Every week the press reports on men on women convicted of murder who are exonerated by new evidence or DNA tests after spending years behind bars. A recent federal study (see our March 18 post) challenges the validity of forensic methodology and evidence used to send thousands of individuals to prison in Los Angeles, California and across the U.S. When an individual is charged with murder or homicide, it is the job of the criminal defense attorney to investigate and challenge every charge, every witness, every piece of evidence and every action by law enforcement officers and prosecutors to ensure that his client receives a fair trial.

In addition to thoroughly investigating legal procedures, testimony and physical evidence, an expert criminal defense attorney will investigate a number of potential defenses when defending an individual against a charge of murder or homicide, says experienced Los Angeles criminal defense attorney Stephen Rodriguez. These include:

• Self defense. Homicide is considered justified if the defendant acted to protect himself or another person from being seriously injured. An expert criminal defense attorney may be able to have charges dropped if self defense can be proved.


• Mental capacity defense. Commonly called the "insanity defense," mental health issues, even when temporary, can prevent the defendant from developing the necessary intent required for a murder charge. This can allow an experienced criminal defense attorney to argue for a lesser charge and/or alternative sentencing.


• Manslaughter. If the defendant was provoked by the victim to the point of losing control and killed "in the heat of passion," an experienced criminal defense attorney can argue for reduction of the murder charge to manslaughter which carries a lesser sentence.


• False confession. Confessions obtained from witnesses through coercion, deception or threats can be used to falsely and maliciously convict an individual. An expert criminal defense attorney can discover and expose such false confessions to ensure that his client receives a fair trial.

The first step in ensuring that an individual charged with murder or homicide receives a fair trial is to make certain that the defendant receives expert representation from a Los Angeles criminal defense attorney experienced in murder and homicide cases. As Stephen Rodriguez points out, "Any misstep in the process -- pre-trial hearings, investigations, preliminary hearing, negotiations, motions, trial, sentencing -- can have profound, lifelong effects for the defendant.

Recently, almost every week seems to bring a news story about another pro athlete being charged with illegal possession of a firearm. In February, Marshawn Lynch of the Buffalo Bills football team was charged with felony possession of a firearm here in California. New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh at a New York night club in November of 2008 and was charged with felony possession of a weapon.

In addition to the criminal charges he faced, Burress was suspended from playing for the Giants the remainder of their season for violating the NFL's weapons possession policies. A 2006 article in the Boston Globe listed several professional athletes, including basketball player Shaquille O'Neal, NFL standout Daunte Culpepper and New York Yankees pitcher Carl Pavano, as licensed gun owners. Very few states make public their lists of licensed firearm owners, so there really is no way to tell how many professional athletes carry a gun, whether legally or illegally.

In that same article by the Boston Globe, New England Patriots receiver Jabar Gaffney commented that as many as 90% of the players in the NFL own a firearm, while an anonymous NBA official estimated gun ownership (again, legally or otherwise) to be "closer to 100 percent than 50." While the right to bear arms is protected by the Second Amendment to the Constitution, gun control laws can severely restrict when and where you can bear that weapon and incur a stiff penalty if you get caught with a gun in the wrong place.

In California, possession of a firearm is allowed only if you have a permit or have otherwise registered it. Those with prior felony convictions, known drug addicts, former or current mental patients, or anyone acquitted of a crime based on a plea of insanity are not allowed to possess a gun. Certain misdemeanor convictions require a 10-year waiting period before the purchase of a firearm is allowed. A minor under the age of 16 is never allowed to own a gun, though they may use them for recreational activities if accompanied by a parent or guardian.

Carrying a concealed weapon without a license is illegal, as is concealing a firearm in a vehicle without a license. California takes weapons possessions very seriously and the penalties usually include jail or prison time, heavy monetary fines and a permanent criminal record that can limit your future job or housing prospects. An experienced Los Angeles criminal defense attorney knows how complicated weapons possession cases can be and will carefully look through the details of your case to search for the best possible outcome for you. If you have been charged with illegally possessing a weapon, call the attorneys at Stephen G. Rodriguez & Associates to begin preparing your defense immediately.

Most Americans have at least a passing understanding of legal procedure and forensic science. After all, the top-rated CSI and Law & Order television franchises have been around for awhile. Most people understand that law enforcement officers and prosecutors regularly rely on forensic evidence to convict felons and murders. However, a newly released federal report on the nation's crime labs calls into question the forensic results used to send many people to jail.

Despite what you see on CSI or Law & Order, TV does not always mimic reality when it comes to forensic science. Laboratory methods used to create courtroom evidence are often untested and fraught with errors, according to a report by the National Academy of Sciences commissioned by Congress. Poorly trained lab technicians, poor supervision, use of unsubstantiated analysis methods, and underfunded and ill-equipped labs were roundly criticized in the report and found to be so prevalent that report writers call for a nationwide overhaul of the U.S. forensic science community.

"Reliable forensic evidence increases the ability of law enforcement officials to identify those who commit crimes, and it protects innocent people from being convicted of crimes they didn't commit," Harry Edwards, former chief judge of the U.S. Court of Appeals for the District of Columbia and co-chairman of the committee that produced the report, said in a statement to the press. "There is tremendous need for the forensic science community to improve."

Careful review of forensic evidence to be presented in a murder trial and dispute of its methodology and validity is just one of the keys to a successful murder defense in Los Angeles County. An experienced criminal defense attorney will thoroughly and aggressively investigate every piece of evidence submitted and every step in the prosecution's case against a client charged with murder, says expert L.A. criminal defense attorney Stephen Rodriguez. Rodriguez, who has considerable experience defending clients charged with murder, homicide and other serious felonies, explains that "A thorough investigation is the key to successfully using a defense in a murder/homicide case." When defending against a charge of murder or homicide in Los Angeles County, a criminal defense lawyer must conduct a thorough independent investigation to search out the maximum amount of evidence to support a defense. Rodiguez, who has a highly successful record in criminal defense, notes that it is critical to begin defense investigations early in the defense process, to utilize only top investigators with a proven ability to achieve successful results, and to investigate aggressively.

On Friday: More on how criminal defense attorneys handle murder cases

Having a warrantout for your arrest, or ordering your appearance in court, is a serious matter. Police in Los Angeles can go to great lengths to get you to comply. There are, however, qualified Los Angeles criminal defense attorneys who know how to work with the courts to get warrants dropped.

For example, a warrantfor Lindsay Lohan's arrest was dropped Monday after a Beverly Hills judge said the actress-singer is in full compliance with terms of her probation for a drunken driving conviction. The Los Angeles Superior Court judge, at a brief hearing Monday morning, said that when she signed the warrant on Friday she did not have updated information.

Lohanwas arrested twice in 2007 on charges of driving under the influence, and in the second incident also was charged with cocaine possession.The first arrest -- in May -- came after Lohan lost control of her Mercedes-Benz convertible and struck a curb in Beverly Hills. Just two weeks after checking out of a Malibu drug and alcohol rehab facility, she was arrested again in July 2007 after a woman called Santa Monica police saying Lohan was trying to run her down with a car. A judge sentenced Lohan to three years' probation after she entered guilty and no-contest pleas to the charges.

If you believe there is an outstanding arrest warrant or bench warrant for you in California, you are at risk of being arrested by the police and brought to jail or court at any time. Although you do not need an attorney to assist with your warrant, you are at a huge disadvantage if you represent yourself.

If you have an outstanding bench warrant or arrest warrant and you need assistance in clearing or recalling the warrant, call the attorneys at Stephen G. Rodriguez & Associates. Do not attempt to go yourself and talk to the judge. The judge has heard every excuse and won't have the patience or desire to listen to you. Let Stephen G. Rodriguez & Associates assist with handling your arrest warrant or bench warrant.

Murder is a heinous crime. Most horrible is First Degree Murder where the killing is planned and deliberate. When First Degree Murder is charged in Los Angeles County or anywhere in California, it means that one individual has specifically targeted, plotted, planned and executed the killing of another individual. Killing that occurs during the commission of a felony such as arson, burglary, robbery, mayhem, carjacking, kidnapping, train wrecking, rape, sodomy and other sex crimes, or drive-by shooting is considered premeditated, or planned, and charged as first degree murder, explains expert Los Angeles criminal defense attorney Stephen Rodriguez.

When murder occurs without premeditation; that is, without advance planning, it is charged as Second Degree Murder. Experienced murder defense attorney Rodriguez explains that second degree murder is charged in cases where violent and malicious force causes the death of the victim even when the killing blow was not planned or necessarily intended to kill. Examples include using a gun or knife in a fight, swinging a baseball bat that accidentally connects with the victim's head, shooting a gun into a crowded room, extremely reckless driving and drag racing. Even though the defendant did not plan the killing blow, he did choose to act maliciously and violently toward the victim.

A murder charge can result in 15 or 25 years to life in prison depending on whether first or second degree murder is charged. In certain circumstances in California, the defendant can be sentenced to death or life in prison without the possibility of parole. While murder is an unconscionable crime certainly deserving of such sentences, not every individual charged with murder is guilty. Law enforcement officers do not always discover the truth. Every week brings news reports of innocent individuals convicted of murder who after sitting on death row for years are suddenly exonerated by new evidence. Too often, these individuals never received the experienced, knowledgeable legal defense to which they were entitled. Their lives have been wasted and the real killers have gone free.

To prevent such egregious miscarriages of justice, every individual who is accused of murder in Los Angeles County or anywhere in California is entitled to a strong defense, says well-known L.A. criminal defense lawyer Stephen Rodriguez. While experience counts in all criminal cases, in murder cases the stakes are so high and the court proceedings so involved and complicated that it is essential that murder defendants engage the services of criminal defense attorneys who have specific and long-standing experience defending murder cases.

On Wednesday: How does a criminal defense attorney defend against a murder charge?

One question Los Angeles criminal defense attorneys face on a regular basis is the difference in Los Angeles between murder and manslaughter. To the average person, killing someone may seem like, well, killing someone. Initially, there is very little room for a reinterpretation of that act. Human behavior, however, knows no bounds and our legal system was construction to codify each and every little thing that we can think of to do wrong.

Legally speaking, murder can happen in many ways, and almost each way has a different sort of punishment. What is generally seen by law enforcement officials is the great difference between murder and manslaughter is the state of mind of the person being charged. Murder is typically defined as a malicious intent to take someone's life. Murder is generally planned out beforehand and happens deliberately. Manslaughter may, technically, also be intentional rather than accidental, but is viewed as less culpable than murder because of extenuating circumstances.

At intent, manslaughter veers off into two distinct directions: voluntary or involuntary. In voluntary manslaughter, the intent to kill is there, but is brought on very suddenly by other circumstances. This is often referred to as a crime of passion. Examples might include finding your spouse in the arms of another lover or seeing someone physically attacking your child. Both circumstances might produce a rage or action that goes too far and ends someone's life. Involuntary manslaughter is generally classified as lacking in the basic intent to kill, but a death results in criminally negligent behavior or recklessness.

Television and film love to offer up insanity defenses in plot lines involving murder. Insanity pleas may seem to be a person's best defense as they negate any legal fault or culpability for a crime like murder. However, such a plea may entail periods of confinement in a mental institution that would very nearly equal a prison sentence in length. Punishments for both can likewise vary.

The maximum penalty for murder is either death or life in prison, depending on the case, with a minimum of 25 years in prison. Voluntary manslaughter convictions generally carry a penalty of three to eleven years in prison, while involuntary manslaughter convictions are typically assessed between two and four years in prison. The bottom line is, if you have been charged with murder or manslaughter, you need a really strong Los Angeles criminal defense attorney to keep you out of jail.

Since the first of the year there have been 140 homicides in Los Angeles County. Most of those killed have been between the ages of 15 and 50, black or Hispanic men and killed by gunshot. Not all homicides committed in Los Angeles County are considered murders, explains expert criminal defense attorney Stephen Rodriguez. "Homicide includes murder, manslaughter and lawful killing," he said, noting that there are five types of homicide, only two of which are classed as murder:

• First-degree murder, or felony murder, is the willful, deliberate and premeditated killing of another person and is punishable by 25 years to life in prison.


• Second-degree murder is the malicious and intentional but not premeditated or deliberate killing of another person and is punishable by 15 years to life in prison.


• Voluntary manslaughter is the intentional and provoked killing of an individual and is punishable by 3 to 11 years in prison.


• Involuntary manslaughter is the unintentional killing of an individual and is punishable by 1 to 4 years in prison or county jail, depending on circumstances.


• Lawful killing is the justifiable killing of a suspected felon, often by a police officer but also by an individual in self defense.

To be classified as murder, a killing (including the killing of a fetus) must involve malice, referred to legally as "malice aforethought." As L.A. criminal defense attorney Rodriguez explains, "Malice means to intend to kill or cause bodily injury or to act with gross recklessness." While all murders require proof of malice, the malice can be either expressed or implied. If malice is expressed, the defendant obviously intended to kill the victim. In implied malice, the defendant so grievously injures the victim that death occurs. Implied malice may also be charged if the defendant places the victim's life in danger without provocation and death occurs.

The main difference between first-degree and second-degree murder is premeditation; that is, the act of planning the murder ahead of time. In California, first-degree murder with "Special Circumstances" can also be charged. Such circumstances include murder for hire, murder of a police officer or murder of a child under the age of six. First-degree murder with Special Circumstances carries of sentence or death or life in prison without possibility of parole.

Any charge of homicide is serious and places the defendant's freedom at dangerous risk. Aggressive defense by a skilled criminal defense attorney experienced with the Los Angeles County legal system is necessary to protect the rights of the defendant and provide an effective defense.

Next time: Murder defense strategies

In Los Angeles, a common legal problem people have is with domestic violence, and Los Angeles criminal defense attorneys defend countless people who face domestic violence crimes. Domestic violence and abuse can happen in any relationship. There is no greater example of this than the well-publicized recent case of R&B singer Chris Brown and pop singer Rihanna (Robyn Rihanna Fenty).

In the very early morning of February 8, just hours away from the Grammys where both were scheduled to perform, police investigated a domestic violence complaint between the two that had begun simply as arguing in Brown's car on the way home from a party and very quickly turned physically violent. An affidavit written by a Los Angeles police detective described Brown as first shoving Fenty against a closed car window, then punching her repeatedly. When she attempted to use her cell phone to call for help, he first threatened to kill her, then threw her phone out of a car window and pulled her into a headlock, biting her ear. When Brown eventually stopped the car, Rihanna attempted to grab the car keys and get out of the vehicle, at which point Brown began alternately strangling her and punching her as she cried for help.

Brown also bit her fingers as she attempted to gouge his eyes in order to free herself from his grasp. At this point residents in the street they had stopped the car in called the police and Brown walked away. Days later a photo of the injured Fenty was leaked from the Los Angeles police department and quickly spread through the internet.

While each had a squeaky clean image (Brown even had his own Doublemint commercial) what could two such successful young people have been arguing about that could turn into such a violent scene? The court affidavit states the two began arguing when Fenty discovered a text message on Brown's phone from a former lover.

Not every domestic dispute has to escalate into the type of violence that left Fenty's blood spattered over her clothing and the interior of Brown's car, but too often jealousy and rage push people into physical violence. In Brown's case, he is now facing two felony charges: assault and criminal threat. If convicted, Brown could serve up to five years in prison. One thing to note about this case is that even if Fenty does not press charges, the police can still charge Brown with a crime because they see the physical evidence of it.

The court case is actually named The People vs. Christopher Brown. When you are facing a possible prison sentence, you need a criminal defense attorney who is well-versed in domestic violence law and will fight for the best possible outcome for you.

An experienced attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members. Speak with an experienced attorney. Call Stephen G. Rodriguez, Attorney at Law, to discuss the specific facts of your case.

In Los Angeles County, probation gives defendants a chance to turn their lives around while providing some support and guidance to help them succeed. (See our March 9 post on how the probation process works in Los Angeles County.) But once you're back on your home turf, hanging with your old friends, it can be easy to fall back into old habits and break the terms of your probation. "In Los Angeles County and the State of California, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail time can be required," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

A defendant can be considered in violation of his parole if he:

• fails to pay a fine


• fails to pay restitution to a victim


• fails to complete community service


• fails to enroll in or complete drug/alcohol rehabilitation


• fails to appear in court for progress reports


• fails to report to his parole officer as scheduled


• possesses illegal drugs or weapons


• associates with known criminals


• commits a new crime


• is arrested, even if not charged

If the parole violation is not too serious, the defendant may be given a second chance; however, violating your parole can result in arrest and incarceration. Whether you are arrested or notified of a parole violation by mail, a court hearing will be scheduled during which the prosecutor must prove that you violated the terms of your probation. If the court finds you in violation, it can revoke, reinstate or extend your probation. Additional consequences can include jail time, additional probation terms, community service, physical labor, rehabilitation, counseling and other treatment programs.

Representation by a skilled and experienced probation attorney like Los Angeles criminal defense lawyer Stephen Rodriguez can positively affect your probation hearing. An expert probation defense attorney can properly prepare you to answer effectively at a hearing and protect your legal rights during a hearing. He can gather character and employment references and witness testimony to present on your behalf. A long-time Los Angeles criminal defense attorney like Stephen Rodriguez will have the critical relationship with the L.A. prosecutor's office and probation department necessary to effectively negotiate alternatives to jail.

The video game "Grand Theft Auto" makes the world of car jacking and car theft seem almost fun, but in reality the consequences for being arrested for such an offense is anything but fun. Motor vehicle theft, sometimes referred to as grand theft auto by the media and police departments in the US, is the criminal act of stealing or attempting to steal a motor vehicle, including an automobile, truck, bus, motorcycle, snowmobile, trailer or any other motorized vehicle.

Los Angeles grand theft auto lawyers have to defend their clients against both the prosecution and public opinion, since most people have an extremely negative view of those arrested for grand theft auto. Grand Theft Auto can be charged under two different laws:

• If Grand Theft Auto is charged under California Penal Code Section 487(d), it is always charged as a felony. As a felony, the sentencing range will be 16 months, 2 years or 3 years in a state prison. Besides jail, a conviction may also require parole of 3 years or formal probation.


• If, however, the Grand Theft Auto is charged under California Vehicle Code Section 10851 (Vehicle Theft) and there are no prior convictions, it can be charged as a misdemeanor with less of a penalty. Misdemeanor sentencing is up to a year in county jail and may involve 3 years of informal probation along with restitution, fines and community service.

If you have been charged with or are under investigation for Grand Theft Auto, you have a right to talk with an attorney and you need strong representation. Attorney Stephen G. Rodriguez and his team have extensive experience in dealing with these types of cases. We are aggressive attorneys who will fiercely fight for your rights.

If you are convicted of a criminal offense in Los Angeles County, you may be granted probation by the court or you may be required to serve a period of probation as part of your sentence after completing jail time. Probation allows the defendant provisional freedom on the condition of promised good behavior. In effect, if you promise to obey the law and follow any conditions imposed by the court, you are allowed to live and work in the community as a free individual. However, probation also puts you on a short leash. During the usual 3-year probation period, you are required to report to a probation officer, usually on a monthly basis, and keep the officer informed or your whereabouts. (Summary probation does not require reporting to a probation officer.) There may also be other requirements imposed by the court with which you must comply that the probation officer will monitor. Probation is a trial period. If you follow the rules, you earn your freedom. Screw up and you're back in jail.

I got to thinking about probation when I read about the death of respected Los Angeles County probation officer Mary Ridgway in the Los Angeles Times. A 42-year veteran of the L.A. County Probation Department, Mary saw it all. An expert on Eastside gangs, Mary guided more than 5,000 youths through the Los Angeles probation system. She was not afraid to drive the barrio streets to check up on her charges or haul probation violators back to jail. But she also spent countless hours of her own time shepherding young offenders to museums, restaurants, sports events and concerts in an effort to help them succeed. Mary gave many of her charges the encouragement to graduate from high school and go on to college. She helped many others find jobs. It was no surprise that many former gang members and young offenders were among the 700 mourners who attended her funeral.

"She believed success is not how many you can lock up but how many can have lives," Father Gregory Boyle, a well-known gang interventionist, told the Los Angeles Times. That's the essence of probation. It gives offenders a chance to turn their lives around and provides some support and guidance to help them succeed. During probation offenders may be required to attend counseling sessions, perform community service, complete physical labor or undergo drug testing. Activities are monitored by the probation officer. "In Los Angeles County and the State of California, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail time could be required," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Next time: What happens if you break probation?

The overcrowding in California's correctional system was brought into harsh light by the revelation that 1 in every 36 Californians is either in prison, in jail, on parole or on probation. The disturbing statistics were released as part of a state-by-state study of the nation's correctional systems by the highly respected, independent, non-profit Pew Center on the States. (Read more about the study in our March 4 blog.)

In California, prison overcrowding and the state's budget crunch are creating a perfect storm that threatens to put criminals back on the streets. State officials say they simply have no choice. There is neither space nor money to provide for the state's growing prison population. According to the Pew report, corrections is one of the fastest-growing items in state budgets, costing an annual $68 billion nationally. As the Pew report notes, for the cost of incarcerating a single prisoner for one day, 12 parolees can be monitored during that 24-hour period.

There are viable solutions. "Violent and career criminals need to be locked up, and for a long time. But our research shows that prisons are housing too many people who can be managed safely and held accountable in the community at far lower cost," Adam Gelb, director of the Pew Center's Public Safety Performance Project, said in a press release on the Pew Center website. The Pew report recommends increasing lower-cost community-based alternative sentencing options. Better processing procedures could enable improved risk assessment and the increase the use of alternative sentencing options.

California offers a number of excellent alternative sentencing options, notes experienced Los Angeles criminal defense attorney Stephen Rodriguez. "Finding the right Alternative sentencing strategy that the judge and prosecutor will accept is the job of a knowledgeable and skilled attorney," he said. "Keep in mind that alternative sentencing is punishment and must fit the crime."

Alternative sentencing programs offered by the state of California include:

• community service


• electronic monitoring


• work release programs


• graffiti clean up


• drug and alcohol rehabilitation programs

While the Pew report recommends expanding eligibility requirements, current California alternative sentencing options are available only to defendants who have not committed the most heinous crimes, those who have not committed crimes for which mandatory sentences are mandated, defendants who are not repeat offenders, those who have not committed a serious felony, and defendants who do not pose a risk to either themselves or the community.

For more information about alternative sentencing and your potential eligibility, contact the experienced criminal defense attorneys at Stephen G. Rodriguez & Associates.

One in every 36 California adults is under the control of the state corrections system, either in prison, in jail, on parole or on probation. That's just a few less than the national average of 1 in 31, according to a new report released this week by the Pew Center on the States. One in 31: The Long Reach of American Corrections is a unique, first-of-its-kind national study of U.S. corrections systems. The report compares 2007 corrections statistics with those from 1984, providing national averages as well as a fact sheet for each state. The Pew Center is an independent, non-profit organization dedicated to the statistical analysis of problems affecting U.S. society.

Today, the lives of more than 7.3 million Americans, or 1 in 31, are controlled by state corrections systems, according to the Pew report. That's more than double the corrections' population in 1984 when the figure was 1 in 77. For minorities, the numbers are more disturbing: 1 in 11 for blacks and 1 in 27 for Latinos. In fact, nationwide one in every 18 men is in the corrections system.

Nationally, California ranked around the middle on state breakdowns at 1 in 36. With 1 in 13, Georgia had the highest number of individuals in its corrections system; New Hampshire, the lowest with 1 in 88.

Following the national trend, California's corrections population has nearly doubled since 1982 when the number of individuals in the corrections system was 1 in 69. Of the 2007 corrections population, 27% were in prison or jail, compared to 12% in 1982. Statistics for 2007 show that nearly twice as many felons in California are paroled or on probation (1 in 56) as are incarcerated in state prisons or jails (1 in 102).

The increase in corrections population has come with a staggering increase in cost. In 2008, California spent $9.66 billion on corrections, 9.3% of the state's general fund. According to the Pew report, for every dollar California spent on prisons, it spent 15 cents on parole. For the cost of keeping one individual in prison for one day ($134.84), 12 days of parole can be provided.

California officials have been concerned for months about prison over crowding. Coupled with the state's disastrous finances, plans are being discussed to release hundreds of prison and jail inmates back into communities. Increasing options for alternative sentencing is just one of several viable solutions being discussed.

On Friday: Possible solutions

Chris Rock, television and movie star, was accused by a former model of raping her, talking about her negatively on Howard Stern's radio show and having a criminal private investigator track her.

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent. Rape is generally considered a serious sex crime, as well as a civil assault. Statistically, only 2% of yearly rapes are perpetrated by strangers. Under California law rape is generally defined as sexual penetration without the consent of your partner. The victim does not have to physically resist, merely failing to consent constitutes the crime of rape. Further, if your partner is intoxicated to the point that they may not be able to affirmatively consent you may be charged with the crime of rape.

Rape is a "registerable sex offense," meaning that if you are charged with rape and found guilty, you may have to register as a sex offender for life! The effects of sex offender registration in California are extreme and long-lasting. A person's reputation and ability to get work or obtain certain professional licenses will be harmed. Additionally, the individual may not be able to live or work within a certain distance of schools or playgrounds, and their personal information may be accessible online for people in their neighborhood.

Most sexual assault crimes are felonies. Lesser offenses are charged as a misdemeanor. Punishment for sexual assault crimes are charged with jail, community service, counseling, probation/parole, and lifetime sex offender registration. Multiple conviction of sexual assaults lead to increasingly greater punishment. The decision whether to charge a person with a misdemeanor or felony rests with the prosecutor. A criminal defense attorney if contacted early enough in the investigation may be able to minimize the charges that you face. A skilled criminal defense attorney may be able to help out with these charges.

Our experienced California rape defense attorneys at the Law Office of Stephen G. Rodriguez & Associates can assist you in proving your innocence. We understand that a false rape accusation is humiliating and damaging, so it is our duty to use our knowledge of California's sex crime laws to successfully resolve your case as quickly as possible. Contact us for a free initial consultation and we will assist you in defending you against these charges.

Buying, acquiring, possessing or concealing stolen property is a crime in Los Angeles and in the state of California. With the disastrous economy expected to drive up theft rates in Los Angeles and across the country (see our Feb. 23 post), you need to be aware of California laws about receiving stolen property, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. If you buy or accept property that has been stolen through theft, fraud, deceit, embezzlement or taken by any other unlawful means, you are committing a crime.

People can unwittingly purchase stolen goods thinking they're getting an incredible bargain. If it seems too good to be true, it probably is. If you purchase a luxury watch from a street vendor or pick up a new, brand-name TV at a flea market, the chances are high that the merchandise is either fraudulent or stolen. You could wind up charged with purchasing stolen goods.

Sometimes, people wind up in trouble with California's stolen goods law by allowing a friend or relative to store unlawfully acquired items in their home or garage. Don't allow yourself to be duped. Make certain you know what is being stored on your property and where it came from. It can be hard to prove your innocence if you're found with a garage full of expensive DVD players and no bill of sale.

LA criminal defense attorney Rodriguez says there are two important legal points that affect charges involving receipt of stolen property and provide an avenue for effective defense. To be convicted, the defendant must:

• know that the goods were stolen at the time he purchased or received them, or


• have purchased or accepted the goods with the intention of aiding the thief.

"Depending on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in California," Rodriguez points out.

Having an astute criminal defense attorney like Stephen Rodriguez on your side can make all the difference in how your case is charged if you are arrested for possession of stolen property. An experienced criminal defense attorney like Rodriguez who has lengthy experience not only representing Los Angeles residents charged with receiving stolen property but also in dealing with the Los Angeles prosecutor's office on such matters, knows all the ins and outs of presenting a case to achieve the best possible outcome for the defendant.