April 2009 Archives

April 30, 2009

Murder in Hollywood

Swedish musician David Jassy, 34, has been charged with murderin a Los Angeles Court stemming from an incident last November. Witnesses claimed that John Osnes, 55, was walking across a crosswalk at Selma Avenue and Schrader Boulevard in Hollywood sometime after midnight when Jassy's rented SUV edged a little too close to him. Osnes beat the car's hood and yelled at Jassy, who was driving.

Several witnesses at the intersection, including off-duty Anaheim police officer R.J. Young, saw Jassy get out of his car and punch Osnes. As Osnes was kneeling on the ground, Jassy reportedly kicked him so hard that Osnes was lifted off the ground. One witness told police at the scene that Jassy shouted at Osnes "Stupid, why did you touch my car?" Young ran up to Jassy's passenger side, where Jassy's girlfriend, Swedish model Therese Fischer, was sitting, screaming hysterically. Young flashed his police badge, shouting, "Police officer! Stop!" Jassy jumped back into the driver's side of his vehicle and sped away, running over Osnes as he lay in the street, killing the man.

Young noted the car's license plate and Jassy was arrested later that day at his West Hollywood apartment for murder. A coroner's official testified that either the kick or the resulting fall fractured Osnes' skull, while the force of the SUV broke his ribs and damaged his liver, with either set of injuries the possible cause of his death. Jassy's defense attorney attempted to have his charges reduced to manslaughter from murder, but Judge Darrell Davis declined. Manslaughter in California normally carries a prison sentence of anywhere from two to 11 years in prison. It is not yet clear if Jassy is being charged with first or second degree murder. If convicted, Jassy is facing anywhere from 15 years to life in a state prison for his actions.

Murder is a serious crime, even if it does not seem intentional or premeditated, and the legal process surrounding it is not something you should go through without an experienced criminal defense attorney at your side.

If you have been charged with a criminal offense such as murder, call the attorneys at Stephen G. Rodriguez & Associates right away to begin preparing your defense.

April 29, 2009

NFL Player Jimmy Smith Arrested for Drug Possession in Florida

Former Jacksonville Jaguars receiver Jimmy Smith was arrested by police in Florida April 22nd for possession of both crack cocaine and marijuana. A Florida State Trooper pulled the five-time Pro Bowl player over just outside of Jacksonville to check the legality of window tinting on Smith's 2009 Mercedes-Benz when he smelled a "strong odor of marijuana" from inside the vehicle. The Trooper determined that Smith's license was suspended stemming from a DUI conviction just last August, when Smith could not produce the driver's license for review.

The Trooper proceeded to search Smith's car, finding marijuana residue on the seats. In the center console, he found six ounces of crack cocaine, three ounces of marijuana and one half-smoked marijuana cigarette, all of which led to drug possession charges. The 40 year-old Smith was arrested on charges of drug possession, driving on a suspended license and the window tint violation. He is currently free on $11,500 bond and has publicly stated that he is seeking treatment to overcome addiction to unspecified drugs. Smith will be arraigned on May 6th.

In Florida, possession of 20 ounces or less of marijuana is generally classified as a first degree misdemeanor, punishable by up to one year in a county jail and a $1,000 fine. Driving with a suspended license in Florida is considered a misdemeanor for a first offense, with a maximum sentence of 60 days in a county jail and up to $500 in fines. Penalties escalate for second and third offenses to as much as five years in prison and up to $5,000 in fines. Possession of cocaine, however, is usually considered a third degree felony and carries a penalty of up to five years in prison and a fine of as much as $5,000. In Smith's case, he claimed that another man was driving in the car with him just before he was arrested. He might be able to claim that the drugs were not his. Aside from that, his lawyer will have to investigate the details of his vehicle search very carefully to see if perhaps the evidence found by the State Trooper might have been collected illegally and might be inadmissible in court. Being charged with a drug possession is a serious crime that could affect your future. You need an experienced criminal defense attorney to guide you through all the confusing legal procedure and fight for your freedom.

If you or someone you know has been charged with drug possession, call the attorneys at Stephen G. Rodriguez & Associates right away to begin preparing your defense.

April 29, 2009

Domestic Violence - California Activist Fights Against Domestic Violence

Since her sister's tragic death on June 12, 1994, Denise Brown has devoted her professional life to fighting domestic violence in California and across the U.S. The savage murder of Nicole Brown Simpson and her friend Ronald Goldman at Nicole's suburban Los Angeles home 15 years ago, the highly publicized murder trial of Nicole's husband, former football star and actor O.J. Simpson, and his subsequent acquittal led Brown to organize a foundation dedicated to ending domestic violence that bears her sister's name, the Nicole Brown Foundation.

Today, Brown regularly leaves the foundation's California headquarters to cross the country on behalf of her mission to halt domestic violence. On the eve of a recent address to the nonprofit Columbus (OH) Coalition Against Family Violence, Brown told Columbus Dispatch reporter Jeffry Sheban that the family's resolve to fight domestic violence stemmed from accounts of physical abuse the family found in her sister's diaries after Nicole's murder. "... we found her notes and diaries describing physical attacks," she told Sheban in a telephone interview published April 28, 2009. "My mother and I went to a women's shelter here in Laguna Beach and asked all the 'why' questions: Why didn't we know, and why didn't she tell us?"

The problem is typical in domestic abuse cases, law enforcement authorities say. Intimidation, fear and embarrassment often prevent domestic abuse victims from seeking help, even from their own families. Brown said she and her family were unaware of the cycle of violence that permeated her sister's life. "There are three things that I've learned from victims," she told the Dispatch, "hope, shame and fear -- hope that it will get better; shame of not wanting others to know; and fear in not knowing what to do, especially if there are children involved." Brown said four women die from domestic violence every day.

Problems caused by economic stress have increased incidents of domestic violence across the U.S., Brown told the Dispatch. "Right now, because of our economic times, we're seeing that domestic violence is increasing because people are losing their jobs and homes, and can't pay their bills. Violence escalates because it's somebody's fault. Suicide rates have increased as well." Brown encourages all victims of domestic violence to speak up and seek help. "I don't want a tragedy like outs to happen to another family," she said.

Friday: What happens to domestic violence abusers in California?

April 27, 2009

ID Thieves Prey on L.A. Jobless

As if it isn't bad enough to be laid off and scrambling to find a new job, identity thieves are making life more miserable for unsuspecting job-seekers. From fake job-search services to bogus help-wanted ads, identity thieves are targeting recently unemployed workers in Los Angeles, California and across the country with attempts to steal and use personal information. According to the Federal Trade Commission, job-search fraud is one of the fastest-growing aspects of identity theft in America.

"There are so many people out there who are desperate to find a job," Linda Foley, executive director of the Identity Theft Resource Center, a nonprofit San Diego watchdog group, told reporter Richard Burnett of The Orlando Sentinel. "Unfortunately, identity thieves are taking advantage of people in these uncertain times."

Luring job seekers with promises of assistance from employment agencies, resume postings on career sites and want ads, identity thieves require job hunters to post personal information and social security numbers to take advantage of offers. Bogus sites mimic legitimate service providers and even some government sites, lulling job seekers into a false sense of security. The majority of job-search fraud is tied to false help-wanted ads which have quadrupled in the past three years, warns Foley. Thieves use culled personal information to wreak financial havoc, destroy their victims' credit, open bank accounts, obtain credit cards, loans, cell phones and utility services.

In California, "identity theft is fraud," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. "Falsely posing as another person is a criminal act and carries serious penalties." Identity thieves illegally obtain and use another person's personal information "to commit fraud and other illegal activities," Rodriguez explained. Common types of identity theft include internet identity theft, credit card identity theft, computer identity theft, bank identity theft, social security identity theft and credit union identity theft.

The fastest growing crime in the U.S., ID theft affects millions of Americans every year and costs the FBI an average $15,000 per case to investigate. To be convicted of identity theft in California, the prosecutor must prove that the information was obtained willfully and without authorization and that it was used unlawfully. Victims of identity theft should immediately contact their local law enforcement agency; however, if you are accused or charged with identity theft, contact the experienced criminal defense lawyers at the law offices of Stephen G. Rodriguez & Associates immediately.

April 24, 2009

Supreme Court Limits L.A. Police Vehicle Searches

In a new ruling in an Arizona case, the U.S. Supreme Court has called a halt to what some justices called 28 years of unconstitutional police search and seizure practices in the U.S. In a 5-4 ruling, the court ruled that once a suspect has been handcuffed or placed in a police cruiser, police cannot search the passenger compartments of the suspect's vehicle without a warrant. The court ruled that the only instances in which a vehicle can be searched without a warrant are:

  • If the officer has reason to believe that the suspect might destroy evidence or reach for a weapon.

  • If the officer has reason to suspect that the vehicle contains evidence of the offense that precipitated the arrest.

  • If there is probable cause for a search, such as the smell of marijuana or alcohol or visible contraband.
Law enforcement officers have termed the Supreme Court's decision one of the biggest legal turnarounds in years. Police officers in Los Angeles and across the country will no longer be able to stop a motorist for a misdemeanor driving offense such as license suspension, arrest the motorist briefly and then search his vehicle, and then release him with a court summons. The Supreme Court ruling does not prevent police officers from searching a vehicle for weapons if police believe the suspect to be dangerous, nor does the new ruling apply to vehicles impounded after a driver's arrest.

The American Civil Liberties Union said the Supreme Court's 1981 landmark vehicle search ruling had for years been abused by law enforcement officers well beyond the limits placed by the Fourth Amendment. The majority of Supreme Court justices agreed, saying that the new ruling was needed to rein in unjust searches and seizures and remind law enforcement officers of privacy rights that limit searches. There is some concern within the law enforcement community that the new ruling will impede drug arrests made during traffic stops.

If you are stopped by Los Angeles Police Department or California law enforcement officers and feel that your vehicle has been unjustly searched or your property unjustly seized, contact the expert criminal defense attorneys at Stephen G. Rodriguez & Associates to arrange a free consultation to review the facts of your case. The new Supreme Court ruling reinstates the Constitutional rights of individual citizens to be free of unjust police search and seizure. You can count on the experienced criminal defense lawyers at Stephen G. Rodriguez & Associates to protect your rights.

April 22, 2009

Paparazzi Laws

If you are a member of the paparazzi in Los Angeles, chances are you will need a paparazzi lawyer to defend you from false accusations. The paparazzi lawyers at Stephen G. Rodriguez & Associates have worked with numerous paparazzi to defend against false claims and other charges.

A paparazzo has been implicated in pop superstar Madonna's recent horse riding accident in Long Island, New York. The singer was riding a horse at a friend's house when she claims a paparazzo jumped out from behind some bushes, startling her horse and causing it to rear. The singer was treated at a Long Island hospital for "minor injuries and bruises" according to a local police report.

While the police report does not specify the presence of any paparazzi at the time of the incident, numerous photographs exist of the singer both just before and just after her incident according to her spokeswoman, Liz Rosenberg. Photographer Thomas Hinton claims he was taking pictures of the singer from a public road before and after her fall, but was not present when she fell. Celebrities such as Madonna are increasingly taking a tough stance against the ever-present paparazzi, and lawmakers are following suit.

California became the first state in the nation to enact laws against the paparazzi when it enacted a bill in 1999 that protected those with celebrity status from a physical invasion of privacy when photographers are trespassing, as well as rendering any audio or video enhancing devices that would also violate the celebrity's privacy illegal. In 2005, Governor Arnold Schwarzenegger signed a second piece of anti-paparazzi legislation that punished members of the paparazzi for assaults or altercations caused by the photographer's attempts to take photos.

The new legislation tripled the amount of damages that may be awarded to a celebrity in such cases and makes it illegal for photographers to profit from photos taken illegally during an intrusion. In California, freedom to take photos of celebrities in public spaces is protected by the First Amendment to the Constitution. Celebrities, however, are targeting the paparazzi with both civil suits and criminal charges as photographers use increasingly aggressive tactics to get photos.

If you are a photographer facing criminal charges, call the attorneys at Stephen G. Rodriguez & Associates immediately to fight for you.

April 22, 2009

Stopped by Police? What NOT to Do

Here's a tip on what not to do if you get stopped by police. Police were summoned to an Ohio restaurant on a complaint that an intoxicated man was annoying customers. Police responded and, despite the belligerent man's insistence that he was OK to drive, convinced him to take a cab home. Certain he wasn't drunk -- "I always pace myself," the man later told a reporter -- the man borrowed his daughter's car and drove to the police station where he insisted on being given a Breathalyzer test. The man blew a 0.12% in a state where a blood-alcohol level of 0.08% is considered legally drunk. Police issued the man a citation for DUI (driving under the influence of alcohol). "I'm a knucklehead," the man said later.

You can say that again! If you are confronted by police officers, the last thing you want to do is ask for trouble. If you're stopped or arrested by police, there are 10 important things you should know about your rights that can help keep you out of jail, says expert Los Angeles criminal defense attorney Stephen Rodriguez:

  1. Do not talk to anyone in law enforcement unless you have an attorney present, and then follow your attorney's advice. You do not have to answer a police officer's questions. You have a constitutional right to protect yourself from incrimination by refusing to answer questions or offer any explanations.

  2. Do not agree to any search or turn anything over to law enforcement.

  3. So not discuss your case with family, friends and particularly not with anyone you meet in jail. Information you share can and probably will be used against you.

  4. Do not try to represent yourself. Only a fool has himself as a lawyer. Prosecuting attorneys are experienced experts in criminal law; you are not.

  5. Talk to an experienced attorney who specializes in criminal defense before you go to court. You need an expert in criminal law on your side from the beginning.

  6. Everything you tell your attorney is privileged information which means that it is confidential and cannot be used against you. Don't tie your attorney's hands; help him represent you effectively by telling him everything about your case.

  7. Identify and help your attorney find any witnesses that may have information favorable to your case.

  8. Never sign anything without talking to your attorney first.

  9. Do not plead guilty.

  10. Before you go to court, talk to the experienced criminal defense attorneys at Stephen G. Rodriguez & Associates. Schedule your free consultation today. It could make the difference between jail and freedom.

April 20, 2009

Obsessive L.A. Fans Imperil Celebrities

When fandom become obsession, celebrities get understandably frightened, police become suspicious and judges act. Last week a Los Angeles judge extended the temporary restraining order against Robert Michael O'Ryan for allegedly stalking 17-year-old gymnast Shawn Johnson. Police caught O'Ryan packing a gun and trying to break into the Dancing With the Stars studio. Johnson is a participant on the hit TV show this season.

In another event last week, Los Angeles County Sheriff's deputies arrested Miranda Tozier-Robbins after security guards caught her peeking in the windows of Britney Spears' Calabasas home. Tozier-Robbins, a fifth season American Idol hopeful who auditioned with the Spears' ballad Everytime, was toting a camera and dressed in camouflage gear at the time of her arrest. She was charged with trespassing and disorderly conduct before being released.

It's not just paparazzi who can be caught on the wrong side of the law when celebrity worship becomes obsessive. Stalking, trespassing, and breaking and entering are serious crimes in California, whether you're one of the paparazzi or a besotted fan. Even when the crime committed could be charged as a misdemeanor, having a gun in your possession when you commit a crime ramps the charge up to a felony.

Celebrity outcry and fear of tragedy led to California's enactment of anti-paparazzi laws in 1999 and their expansion in 2005. The laws have made it possible for paparazzi to be punished for becoming too aggressive in their efforts to photograph celebrities. Both civil and criminal charges are allowed. Paparazzi and aggressive fans can be charged with assault, battery, conspiracy, false imprisonment, stalking, and trespass. While most of these are usually charged as misdemeanors, some can also be charged as felonies. Whether you are charged with a misdemeanor or felony can make the difference between a fine and probation or a criminal conviction and serving time in jail.

Effective defense against a paparazzi charge requires aggressive representation by an experienced Los Angeles criminal defense attorney. Skilled L.A. criminal defense lawyer Stephen Rodriguez said the worst thing you can do if charged of a paparazzi crime is try to talk your way out of the situation. "Talking to law enforcement without consulting an attorney first is a mistake," said Rodriguez. For more information about paparazzi crimes, visit the website of Stephen G. Rodriguez & Associates.

-Legal

Pro

April 20, 2009

White Collar Crimes in California

Los Angeles white collar crime attorneys will tell you, you do not have to use violent force to commit a crime. In fact, some of the most notorious criminals in history never physically hurt anyone--they got someone else to do it for them. There are a host of non-violent crimes that get people thrown in prison literally every day. These are called white collar crimes.

White collar crimes in California include (but are not limited to): bribery, embezzlement, racketeering, fraud, perjury, identity theft and computer crimes. All of which are possible without throwing punches, pulling out a knife or waving a gun around. They are all also felony criminal offenses that can land you in state prison for a long time. Supermarket mogul George Torres is finding this out the hard way. Torres is currently being tried for hiring illegal workers, bribing a public official, tax evasion and arranging to have several people killed.

After weeks of Torres's defense team painting a portrait of a hard-working business man who became the target of an overzealous Los Angeles Police Department investigator, the jury is currently trying to decide if Torres is, in fact, a criminal, or a legitimate businessman who somehow surrounded himself with criminals.

The prosecution's two key witnesses are long-time associates of Torres. Derrick Smith is currently serving a lengthy prison sentence for distributing cocaine and testified to being present when Torres talked about having someone killed. Raul Del Real is a convicted drug trafficker who admitted to importing two tons of cocaine and marijuana into the United States and who testified that Torres twice asked him to murder someone. Defense attorneys for both witnesses have argued that each man was promised reduced prison sentences, cash payments and various favors in exchange for their testimony against Torres.

While George Torres may, himself, have never lifted a gun to anyone's head, he may have asked others to do it for him. Torres's racketeering offenses stretch all the way back to 1985. Whether you are being charged with a violent crime or a white collar crime, you need a strong criminal defense attorney at your side.

Call the attorneys at Stephen G. Rodriguez & Associates today to fight for you.

April 17, 2009

What Is a Restraining Order?

A restraining order is a court order that prevents a person from bothering, harming or contacting another person. Most often used in domestic violence cases, in California celebrities sometimes take out retraining orders against obsessive fans who may be stalking them. The purpose of a restraining order is to prevent harm or violence.

In California, there are four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez:

Emergency Protective Order (EPO). Issued by law enforcement officers most often in cases of domestic violence, this type of restraining order is valid for 5 days.

Domestic Violence Temporary Restraining Order (TRO or DVRO). This is a civil restraining order applied for by the individual who feels endangered, most often domestic violence victims. Initially the order is temporary and valid for 3 weeks. During that time both parties appear in court for a hearing before a judge who can decide to make the order permanent for one to three years.

Criminal Protective Order (No Contact Order). Obtained through the District Attorney's office, a no contact order protects parties in an active domestic violence criminal case.

Civil Harassment Restraining Order (CHO). This type of restraining order is issued to stop harassment or annoyance by neighbors, roommates or co-workers.

Depending on the specific terms of the order, restraining orders can prevent any and all direct or indirect personal, telephone, electronic (computer) or written contact. This means the served party cannot talk to, phone, email or write the other party. Restraining orders can prohibit an individual from coming within 100 or more yards of the protected person whether in the community, in a residence, at work or at school. This means that if the served person is shopping at a store, he must leave immediately if the protected person enters.

Restraining orders are generally temporary until a hearing can be scheduled, usually within a week or two. Both parties meet before a judge to plead their case and answer questions. Judges listen for certain types of statements, certain words to gage the seriousness and potential threat of contact between the two parties. Whether you are considered the victim or the abuser in a restraining order case, legal representation by an experienced criminal defense attorney can protect your interests.

For complete information on filing for a restraining order or defending yourself against a restraining order, visit the Stephen G. Rodriguez & Associates website. In both cases you have rights that deserve to be protected.

-Legal Pro

April 16, 2009

Stalking in Los Angeles

Actor Jamie Foxx made headlines again recently for being stalkedin Philadelphia where he is currently shooting his latest film. On three separate occasions in late March, 49 year-old Steven Taliver (also known as William Brown), tried to break into the Academy Award winner's hotel room. The suspect allegedly claimed to be singer Beyonce's music producer. On at least one occasion, Foxx is said to have become physically forceful, pushing Taliver out of his hotel room and slamming the door. Several days later, Foxx's security guards spotted Taliver hanging around the film set and he was then taken into police custody. Taliver reportedly has 24 prior arrests and is currently facing several criminal charges, including burglary. Add stalking to the list.

Stalking, legally defined, is a repeated series of encounters that puts one person in fear of their personal safety. Statistically, 75% of stalking victims are women. Stalkers typically make repeated attempts to contact a person, famous or not, that can be through the Internet, phone calls, personal contact or any one of several other methods. This repeated attempt at communication is considered stalking when the person on the receiving end of this persistent behavior starts to feel threatened. In most non-celebrity cases, stalking is usually the result of domestic violence. Stalking victims often file restraining orders against their stalkers that require them to not come within a specified distance of them. Violations of these restraining orders can also qualify as a separate criminal offense.

In Los Angeles, stalking can carry harsh penalties and can be either a misdemeanor or a felony depending on the circumstances. For a misdemeanor stalking conviction, up to a year in a county jail is often handed down as punishment. A felony stalking conviction could land you in a state prison for up to five years, which is likely what will happen in Taliver's case, though Pennsylvania's statutes on stalking may differ. This unwanted behavior can be difficult to prove in stalking cases. A good criminal defense lawyer will know exactly what kind of behavior qualifies as stalking and could possibly get charges against you dropped. Rapper Nate Dogg (real name Nathaniel Dwayne Hale) was charged with stalking his estranged wife in Los Angeles in June of 2008, along with making criminal threats to her. This week all charges against him were dropped by Los Angeles prosecutors.

If you have been charged with stalking, call the attorneys at Stephen G. Rodriguez & Associates today at (213) 223-2173 to begin defending yourself.
April 16, 2009

Drug Manufacturing & Sales in Los Angeles

Los Angeles criminal defense attorneys who handle drug crimes very much understand the challenges certain types of Los Angeles drug crimes create. Possession has one set of penalties, sales has another and manufacturing has quite severe penalties. In Los Angeles, any drug crime defendant needs a qualified Los Angeles criminal defense attorney to help navigate the complicated drug laws in court.

Certain television shows have somewhat glamorized the drug scene. Showtime's "Weeds" features a single upper class mother who sells marijuana to make her living, while AMC's "Breaking Bad" centers around a suburban father diagnosed with cancer who turns to manufacturing methamphetamines to be able to leave his family money after his death. Both characters would face felony charges if they were arrested by police in Los Angeles. In the last season of "Weeds," Nancy Botwin (played by Mary Louise Parker) moves to a fictional Southern California town and becomes involved in cross-border drug-dealing and begins an affair with the corrupt mayor of Tijuana. In real life, a person in Nancy Botwin's situation would probably face criminal drug possession for sale and drug trafficking charges if her dealings were found out by police.

In Los Angeles, it is a felony criminal offense to possess or buy illegal drugs like marijuana with the intent to sell. Police and prosecutors in this example would not need to prove that Nancy Botwin actually sold the marijuana, just that she intended to sell it. Intent to sell could be proven if police find evidence such as packaging, scales, cutting agents or lots of people coming into or out of her home.

A conviction for her charges would most likely result in a minimum of two to four years in a state prison. Manufacturing drugs in Los Angeles could have even longer jail sentences. In "Breaking Bad," New Mexico-based Walter White, a high school chemistry teacher, would face a maximum of seven years in a state prison and up to $50,000 in fines for the manufacture of methamphetamines. Being implicated in either drug sales or trafficking is a serious criminal offense that requires the guidance and help of an experienced criminal defense lawyer.

A good lawyer knows that so often drug cases are won or lost in the details of a case. An experienced lawyer will go over the details of your case very carefully. In many cases, how evidence was collected by police may make it inadmissible in a court case against you. If you have been charged with a drug offense, you need a solid criminal defense lawyer right away.

all the lawyers at Stephen G. Rodriguez & Associates right away. Their knowledge and experience in defending criminal drug charges could save you from prison.

April 15, 2009

Rape, Murder of 8-Year-Old Shocks California Town

In a case that defies understanding, 28-year-old Melissa Huckaby was charged yesterday with the kidnapping, rape and murder of her daughter's 8-year-old playmate. Sandra Cantu's body was found stuffed in a suitcase and dumped in a pond not far from her Stockton, California home. The suitcase has been identified as belonging to Huckaby. Huckaby, a Sunday school teacher and granddaughter of a local Baptist minister, cried as the judge read the charges. If convicted of all counts, Huckaby could face the death penalty or life in prison without parole.

Members of this small northern California community are shocked. While Huckaby has not yet entered a plea, she told a reporter the suitcase in which Cantu was found is hers, although she said the suitcase had been stolen the day before Cantu disappeared. Huckaby was arrested hours after that interview. Cantu was last seen on a surveillance camera video playing outside the mobile home park where her family lived just five doors from the mobile home Huckaby and her daughter share with her grandparents. A 10-day search for the girl ended on April 6 when farm workers found the suitcase containing Cantu's body in an irrigation pond.

Huckaby's family described her to the press as a loving mother with a strong religious background and seemed particularly distressed by reports that Cantu was raped with a foreign object. Tragically, it is doubtful that Megan's Law could have helped prevent the rape and murder of little Sandra Cantu. Megan's Law "requires convicted sex offenders to register with their local law enforcement agency," explained expert Los Angeles criminal defense attorney Stephen Rodriguez. Huckaby has no known prior record of sexual predation and was not required to register as a sexual offender.

The Cantu case points out one of the major problems with Megan's Law. The law helps parents keep their children safe only from known and registered sex offenders. There is no protection against first-time or undiscovered sexual predators until after they have harmed a child and been convicted of the crime. In California, convicted sex offenders must register with law enforcement agencies within 5 days of being released from prison and any time they change their address or name. They are also required to update registration information every year, defense attorney Rodriguez noted, adding that the most violent predators may be required to update their information more frequently.

As a service to the public, the law offices of experienced Los Angeles criminal defense lawyers Stephen G. Rodriguez & Associates maintain a helpful Megan's Law webpage with useful information about Megan's Law and helpful links to registered sex offender databases in California and throughout the U.S.

April 14, 2009

Murder and Attempted Murder in Los Angeles

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.

April 13, 2009

Woody Harrelson Attacks Paparazzi

TMZ, one of the leading paparazzi media outlets, had one of its photographers attacked by actor Woody Harrelson. The attack occured in New York's Laguardia Airport. As the paparazzi asked Harelson questions, the actor shoved the camera into the photographer's eye, causing it to temporarily stop recording. A few seconds later the video returns but then the screen goes black again -- you can still hear Harrelson attack full bore, ripping the camera out of the photog's hands.

The paparazzi says Woody smashed the camera to the ground, breaking it. Harrelson then picked the camera up and began walking away with it. The photographer followed him, claiming he was assaulted and demanded that Harrelson return the camera. That's when Harrelson attacked again, striking the paparazzi repeatedly and grabbing his neck.

The paparazzi have had a hard time dealing with the laws in California, and now are treated as criminals. The nation's first civil anti-paparazzi law went into effect in California on January 1, 1999. This protects celebrities against physical invasion of privacy where a trespass occurs, as well as constructive invasion of privacy, where no trespass occurs but an audio- or video-enhancing device is used to violate a reasonable expectation of privacy. However, this law apparently wasn't enough to thwart paparazzi activities so on September 30, 2005, California Governor Arnold Schwarzenegger signed into law an anti-paparazzi bill to punish Paparazzi for assaults and altercations caused by their attempts to photograph celebrities. The new law expands the Anti-Paparazzi Act, Section 1708.8 of the Civil Code, tripling the damages that may be awarded to a celebrity, and denies photographers the right to profit from images illegally taken during intrusions.

We are Los Angeles criminal defense attorneys focusing exclusively on criminal defense and we aggressively defend those accused of criminal offenses in California. We have over 90 years combined criminal experience and we know how to get the best possible results for our clients. If you are a paparazzi and being charged with any paparazzi crimes please contact us to discuss your case.

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.

April 13, 2009

California No. 1 in Auto Thefts

California topped the charts again this year, first in the nation in car thefts. In the 2008 National Insurance Crime Bureau (NICB) report released today, vehicle thefts declined for the fifth straight year in the U.S., except in California and a few other states. The report noted that the majority of increased car thefts occurred in states that border Mexico.

California cities took 6 of the top 10 rankings in cars stolen in 2008, earning the state the dubious distinction of being No. 1 in total auto thefts. Here's the NICB list:

  1. Modesto, CA (also first in 2007)

  2. Laredo, TX

  3. Yakima, WA

  4. San Diego/Carlsbad/San Marcos, CA

  5. Bakersfield, CA

  6. Stockton, CA

  7. Las Vegas/Paradis, NV

  8. Albuquerque, NM

  9. San Francisco/Oakland/Fremont, CA

  10. Fesno, CA
Stealing a car, called Grand Theft Auto, is a serious crime in California. For grand theft auto to be charged, the vehicle stolen must be valued at more than $400, said veteran Los Angeles criminal defense attorney Stephen Rodriguez. Rodriguez explained that under California law grand theft auto can be charged either as a felony under California Penal Code Section 487(d) or as a misdemeanor when the defendant has no prior convictions under California Vehicle Code Section 10851. Conviction of felony theft can result in 16 months to 3 years in state prison. A misdemeanor conviction can bring up to a year in county jail, restitution, fines, community service and three years of formal probation. Conviction of more than one count of grand theft auto can impose California's harsh Three Strikes Law which can double sentences, criminal defense lawyer Rodriguez warned.

To protect yourself from auto theft, the National Insurance Crime Bureau recommends the following actions:

  • Remove your keys from the ignition when you leave your car.

  • Lock your doors and close your windows as soon as you enter your car.

  • Park your car only in well-lit areas, preferably near pedestrian and vehicle traffic.

  • Ask for an escort to your car when you leave an establishment late at night.

  • Install a visible or audible warning device in your vehicle to alert thieves that your vehicle is protected.

  • Use an immobilizing device in your vehicle that prevents thieves from hot-wiring the ignition.

  • Install a tracking device in your vehicle to assist police in locating your car if it is stolen.

April 10, 2009

Chris Brown Pleads Not Guilty in Rihanna Abuse Case

Back in Los Angeles court this week, R&B star Chris Brown pleaded not guilty to the charge that he physically abused his off-and-on girlfriend, pop star Rihanna. Arraigned in Los Angeles Superior Court, neither the 19-year-old Brown nor his attorney spoke to the press. After the hearing, Rihanna's attorney told reporters the 21-year-old singer hopes Brown, with whom she is still involved, will be able to reach a plea bargain with the Los Angeles prosecutor's office. Brown will be back in court later this month for a status hearing. If convicted, Brown could face up to four years in prison.

Since the reported February attack, photos of a bruised and battered Rihanna have circulated on celebrity gossip websites, along with reports of the couple's off-and-on love affair, a tearful apology by Brown, and even rumors of a secret wedding. Police reports indicate that Brown shoved Rihanna's head against the window of his rented Lamborghini during a roadside argument last winter, punching her in the face repeatedly while yelling, "I'm going to kill you."

Brown faces potentially harsh consequences for his actions. In California, assault and battery can not only result in felony charges but conviction can count as a strike under the state's harsh Three Strikes Law, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. While domestic violence most often happens behind closed doors, Brown and Rihanna's celebrity status has pushed the issue into the media spotlight. Most of the victims of domestic violence are women. Domestic violence accounts for the majority of emergency room care provided to women in the U.S. More than 32% of Americans know someone who has been a victim of domestic violence. More than 50% of female victims never come forward and 25% are repeat victims, complicating prosecution and defense. However, once domestic violence charges are filed, Rodriguez said, "it is very difficult to get the charges dropped;" even if the victim wants to, as it appears Rihanna does.

What many couples don't understand is that once an arrest is made the prosecutor takes over the case. Rodriguez explained, "When this happens, even if the victim wants to forgive and forget, the victim is simply a witness and must take a back seat while the prosecutor moves ahead with the criminal case." In such cases, as with Brown and Rihanna, the skill and legal knowledge of an experienced Los Angeles criminal defense attorney like Stephen Rodriguez is needed to defend against charges of domestic violence and assault.

April 9, 2009

Another Deadly Southern California Hit-and-Run

Hit and run cases in southern California are fairly common because it's such a car culture. However, Los Angeles criminal defense attorneys know how deadly a hit and run case can be, and how severe the punishment is for those convicted of hit and run.

Hit and Run accidents are the result of one party causing damage to another party's property or person and leaving the scene before producing the proper driver documentation. Hit and Run charges can be both misdemeanors and felonies, depending on the seriousness of the accident. In Los Angeles, a hit and run case can lead to serious jail time of it turns into vehicular manslaughter.

Two recent cases have highlighted this serious crime. In once instance, a woman was arrested for allegedly hitting two students near the campus of USC, killing one and critically injuring the other. In another high-profile case, a pitcher for the Los Angeles Angels of Anaheim was killed in a car wreck the morning after he pitched a big game.

Angels pitcher Nick Adenhart was among the three people killed in a crash in Fullerton when a minivan driver ran a red light, an associate of the rookie player said this morning. The crash occurred hours after the 22-year-old appeared in Wednesday night's Angels game.

The driver of the minivan fled on foot shortly after the accident but was taken into custody on suspicion of hit and run when police found him a mile away. Further charges are pending as the investigation continues, he said. A passenger in the minivan was taken to Western Medical Center, authorities said. The condition of that person was unknown.

If you have been involved in a California Hit and Run accident, please call the criminal defense attorneys at Stephen G. Rodriguez & Associates to discuss the facts that surround your case.

April 8, 2009

Los Angeles Jewelry Theft Ring Arrested on East Coast

Members of a Los Angeles-based jewelry theft ring were arrested and jailed in New Jersey Monday. Six men, all with California addresses, were arrested for the robbery of an Indiana jewelry merchant after a nationwide manhunt that radiated from the scene of the crime in central Ohio.

In a well organized robbery that Ohio law enforcement officials termed "highly professional," thieves followed and attacked a jeweler carrying more than $1 million worth of jewelry. In Columbus, Ohio for a jewelry show, the jeweler was waiting in his locked and running SUV while his wife and daughter went inside a local restaurant to eat. Robbers surprised the jeweler, blocking his escape with their getaway car, smashing the side and rear windows of the SUV and threatening the man. They made off with an undisclosed amount of jewelry that included diamonds, rubies, gold rings and necklaces, according to the police report. The jeweler, who was licensed to carry a gun, fired several shots at the fleeing robbers before calling police.

With the cost of gold and silver skyrocketing, jewelers are even bigger targets than before. FBI agents working the case said jewelry thefts are on the rise and have been increasingly tied to South American organized-crime rings. U.S. jewelers lose more than $100 million to thieves every year. While most large-scale jewelers hire private security firms and armored cars to transport gems to and from shows, small jewelers can't afford the cost. The rule of thumb in the jewelry trade is only attend shows within a gas-tank of home, never carry your best pieces, and never stop until you reach your destination. Police speculate that the jeweler was targeted by theft ring scouts inside the jewelry show and followed.

Law enforcement officers in Los Angeles, Ohio and New Jersey cooperated in the capture of the LA-based robbery ring. Proceedings are under way to extradite the six defendants to Ohio.

In Los Angeles, robbery is a serious criminal offense. A robbery conviction can be punishable by 2 to 9 years in state prison, depending upon the seriousness of the crime and the value of the goods stolen. Use of a gun during robbery adds 10 years to the defendant's sentence; and discharge of a gun increases the sentence by 20 years. To learn more about robbery and its penalties in California, visit the website of experienced Los Angeles criminal defense attorneys Stephen G. Rodriguez & Associates.

April 6, 2009

Complex Hit-and-Run Accident in Los Angeles

Los Angeles criminal defense attorneys know that it is difficult enough to defend hit-and-run cases without having to deal with other charges, such as vehicular manslaughter. However, one particular case in Los Angeles demonstrates how difficult a Los Angeles criminal defense lawyer's job can be when dealing with a hit-and-run.

A pregnant woman was struck and injured in South Los Angeles by a vehicle driven by her boyfriend's ex-girlfriend, and the fetus died, police said today. The hit-and-run occurred about 10:30 a.m. Sunday after the two women got into an argument. The pregnant woman was taken to a hospital with broken bones. The baby was delivered but did not survive.

The woman who drove the hit-and-runvehicle later turned herself in at the LAPD's Newton Station and was expected to be charged with attempted murder, Smith said. What charge would arise from the death of the fetus was not immediately clear.

California Hit and Run charges can be classified as misdemeanors or felonies, depending on the seriousness of the accident, extent of damage, and defendant's past criminal record.

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

April 6, 2009

Woman Charged in Deadly LA Hit and Run

Los Angeles police have arrested a woman and charged her with the hit and run death of a University of Southern California student and injury of a second student. Last week, Claudia Cabrera, 30, was arrested by LAPD on charges of gross vehicular manslaughter. She is being held on $1 million bail in the Van Nuys women's jail. The hit and run case has shocked Los Angeles by its very callousness. According to multiple witnesses, the driver stopped only long enough for a passenger to exit the car and pull one of the students off the windshield.

At a widely reported press conference, LAPD First Assistant Chief Jim McDonnell said Cabrera was driving with a suspended license for failure to pay a ticket issued for a routine traffic violation. Besides the unnamed passenger, Cabrera's 7-month-old son was also in the car. Police are seeking Cabrera's husband, Josue Luna, as a person of interest.

Killed as 18-year-old Adrianna Bachn of Santa Barbara. Marcus Garfinkle, 19, of Scottsdale, Arizona was seriously injured when Cabrera's sedan ran a red light and struck the two students in the early morning hours as they walked back to their residence halls. Garfinkle, who was pulled off the windshield and left in the gutter, suffered two broken legs and additional injuries.

Rewards totaling $235,000 are being offered by Los Angeles, the county and USC for information that leads to arrests and convictions in the case.

It is the legal responsibility of any individual involved in an accident to stop and exchange driver documentation, said expert Los Angeles criminal defense attorney Stephen Rodriguez. Leaving the scene of an accident before doing so is considered hit and run in California and may carry criminal charges. The responsibility to exchange information applies whether the accident involves a pedestrian, moving car, parked car or someone's property. It applies even if the accident was not your fault, Rodriguez explained.

When a hit and run accident involves death or serious bodily injury, as in the USC hit and run case, "California law requires the driver to render reasonable aid to the injured person," Rodriguez said. If a death occurs, the driver must report the accident immediately to the nearest police station or Department of California Highway Patrol office.

For more information on hit and run crimes and criminal charges in Los Angeles, visit the website of Stephen G. Rodriquez & Associates.

April 3, 2009

Father Takes Daughter on Convenience Store Robbery

It's a sad comment on our distressing times. A California man pulled a gun out of his pocket and robbed a Washington convenience store. Videotape of the robbery shows the troubled man, Robert Webb, 42, talking to the frightened clerk, trying to explain. Tears in his eyes, Webb tells the cashier that he's just been fired from his job, that he has to provide for his daughter, that his daughter needs medicine, and that he just couldn't think of anything else to do. While Webb rambles on, his 9-year-old daughter, Meadow, stands miserably at his side, a little girl in a pink jacket forlornly watching her father commit a crime.

"His eyes were tearing up. This guy's hurting inside," convenience store clerk Eric Owners told KING-TV.

"He views himself as being in a desperate situation and had no choice," Kittitas County Sheriff Clay Myers told Shannon Dininny of the Associated Press after watching the surveillance video of the robbery. "He stayed and talked with the clerk. He seemed to be looking for some justification or some level of understanding from the clerk."

While authorities haven't yet captured Webb, his daughter is safe with family friends in Fortuna, California on the north coast. Law enforcement officers in California and across the nation are concerned that petty theft, burglary and robbery will rise the longer the economy remains down. Layoffs and foreclosures are taking a toll. The longer people go without income, the more desperate they become -- and, in desperation, some will turn to crime to solve their financial problems.

In California, it's a disastrous choice. California is tough on crime and the penalty for theft can range from a fine and probation for shoplifting to a prison sentence. Because the convenience store robber pulled a gun, in California he would be charged with armed robbery, a serious, violent felony punishable by 3 to 9 years in the state penitentiary. If the defendant has a prior strike offense, the sentence would be automatically doubled because armed robbery is a Three Strikes offense under California law, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Even if you're desperate, that seems like a horrendous risk for a couple of hundred dollars.

April 1, 2009

How to Curb Gang Violence in Los Angeles

In an area of Los Angeles plagued by gang violence, three more people died last Sunday. Two men and a woman were fatally shot in a small apartment on East Rosecrans Avenue in Compton. While the L.A. County Sheriff's Department has not yet determined a motive for the killings, press sources cited narcotics. Relatives of the 25-year-old female victim say she was tragically in the wrong place at the wrong time. The Compton killings are a blow to law enforcement and community efforts to decrease gang-related crime in the Compton area. Between 2005 and 2008, those efforts have resulted in a 50% drop in violent gang-related crimes in Compton.

For parents struggling to keep their kids out of gangs, law enforcement experts urge parents to watch for these signs of gang interest or involvement.

  • Gang symbols or graffiti doodled on notebooks or binders.

  • Using unfamiliar hand gestures or pictures with friends that show such hand signals.

  • Repetition of a particular color in clothing, particularly blue or red.

  • Tattoos.

  • A bandana, called a "flag," hung from a back pants pocket.

  • Using a nickname or adding a prefix to a given name.

  • Sudden change in friends.

  • Sudden, poor academic performance and lack of interest in school activities.

  • Belligerent, argumentative, rebellious behavior with parents and teachers.

  • Tobacco, alcohol or drug use.

  • Sudden affluence, new clothes, electronics, etc.

  • Disciplinary referrals at school or trouble with police.
Law enforcement officers warn that gangs are recruiting children at increasingly younger ages, often in early to mid-elementary school. Initiation rites to many gangs are no longer complex or violent. Youngsters are often lured by a need to belong, peer pressure or the sense of "cool" some kids attach to gang membership. Parental guidance, home attitudes and providing healthy community and family activities for children are recognized as the most effective ways of keeping kids out of gangs. It's an effort that challenges parents, communities, schools, churches and police to work together.

Children who become involved in gangs usually participate in increasingly serious criminal acts. Shoplifting and petty theft escalate into misdemeanor crimes, then felony crimes. In California, a child 17 or younger can be tried in the California juvenile court system, says expert Los Angeles criminal defense attorney Stephen Rodriguez. When consulted early, an experienced criminal defense lawyer like Rodriguez may be able to get your child's case dismissed in its initial stages or minimize the offense charges against your child. Don't let a poor decision ruin your child's life. If your child is led astray by local gangs, contact the experienced criminal defense attorneys at the Law Offices of Stephen G. Rodriguez & Associates immediately.