Los Angeles Criminal Defense Lawyer Blog

The Los Angeles Police Department reports that it has cleared nearly two-thirds of the backlogged rape test kits found in a 2008 city audit and expects to clear the remaining 4,500 by the summer of 2010. In a scandal that made the national news, a 2008 city audit of the LAPD discovered a backlog of 12,000 unprocessed rape kits, 200 of which had been awaiting testing for more than 10 years, putting them past the prosecution statue of limitations.

Rape kits are used to collect physical evidence of sexual assault, including DNA, from a victim's body after an assault. Timely processing and analysis of rape kits is critical to identifying and convicting rapists, particularly repeat offenders, before they assault another victim. The DNA processed in rape kits is often the only method of positively identifying an attacker or exonerating someone falsely accused. Earlier this year, DNA analysis delayed because of LAPD's backlog led to the arrest of a serial rapist/murderer the police have been hunting since the 1970s.

Human Rights Watch (HRW), a victim's rights advocacy that helped uncover the backlog, has made an example of LAPD's poor handling of the problem to give the issue a national forum. LAPD is not the only law enforcement agency dealing with a backlog of rape kits. Poor administration, lack of funding and the failure or inability of law enforcement to prioritize DNA testing in rape cases are cited as common problems leading to testing backlogs. Two new bills have been introduced in the California legislature that would improve law enforcement's ability to process rape kits throughout the state.

Rape is the most serious of the sex crimes prosecuted in California. Illegal sexual activity includes rape, child abuse, child molestation, sexual assaults, sexual battery, indecent exposure, statutory rape, date rape, prostitution, solicitation, pornography and sodomy. Penalties for conviction of rape and other sex crimes are severe and life changing. Offenders can be required to register with local police as sex offenders which can severely limit housing and employment and ostracize offenders from the community. If you are charged with rape or any California sex crime, it is critical that your immediately seek counsel from an experienced criminal defense attorney like Stephen Rodriguez in Los Angeles.

While a few sex crimes such as indecent exposure and solicitation for prostitution are usually charged as misdemeanors, most sex crimes in the state of California are charged as felonies and vigorously prosecuted by special Sex Crimes Units in the District Attorney's office. If contacted to represent you early enough, a knowledgeable criminal defense attorney like Stephen Rodriguez may be able to minimize sex offense charges against you.

Los Angeles police recently charged a 72-year-old insurance claims adjuster with the murder of two women in the 1970s and say he may have committed at least 30 rape/murders since the 1970s. Los Angeles' most prolific serial killer, Floyd Thomas, a twice-convicted sexual offender, was exposed when a sample of his DNA was taken as part of California's initiative to build a sex offender database. In and out of jail since the late-1950s for rape, sexual assault and burglary, Thomas preyed on elderly women, raping and strangling them to death.

Despite protests from privacy advocates, the FBI and 15 states -- including California -- collect DNA samples from people arrested or detained. Previously, DNA collection used to be limited to convicted felons, but there is a growing movement in law enforcement to collect DNA samples from anyone arrested, the innocent and guilty alike. Proponents argue that DNA sampling is no more invasive than fingerprinting. In fact, some law enforcement officials envision a day when a national database will hold the DNA of every citizen. They argue that DNA databases are already being used to solve crimes that have been in cold case files for years.

"DNA databases were built initially to deal with violent sexual crimes and homicides -- a very limited number of crimes," Harry Levine, City University of New York professor of sociology, recently told reporter Solomon Moore of the New York Times. "Over time, more and more crimes of decreasing severity have been added to the database."

Favoring the argument that criminal acts reduce individual rights, courts have generally upheld laws that authorize the compulsory collection of DNA. However, a congressional report warns that courts "have not fully considered the legal implications of recent extension of DNA collection." Opponents are concerned that DNA samples are being taken without relevance to the crime committed. Laws governing DNA collection vary from state to state and have allowed DNA collection for everything from serious felonies like murder and sexual assault to minor misdemeanors like shoplifting.

If you are questioned by police or arrested in Los Angeles, you need to hire a skilled and aggressive criminal defense attorney immediately to protect your rights. "The incriminating statements you make during a police investigation are powerful weapons in a prosecutor's hands," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. His advice: "Do not give any statements to the police without an experienced Los Angeles criminal defense attorney at your side." Until your attorney is there to advise you, Rodriguez tells his clients, "The best strategy is to exercise your constitutional right to remain silent." Do not voluntarily submit to a DNA or any other test without your attorney's consent.

Home invasion, robbery, kidnapping -- the horrific story playing out in San Bernardino, California, 60 miles east of Los Angeles, has authorities asking the public for help. Between San Bernardino County and the FBI, a $50,000 reward is now being offered for information in the violent kidnapping of 3-year-old Briant Rodriguez.

Armed Hispanic gunmen kidnapped the boy during a 20-minute armed invasion of the Rodriguez home in which they ransacked the house, stole money and property, and terrorized Briant, four of his siblings and the children's mother, Maria Millan. The gunmen tied up Millan and the other children before taking Briant away. His mother said the gunmen threatened to kill her son, but no ransom demands have yet been received. No motive is known for the kidnapping, although police are exploring a potential tie to Mexican organized crime.

Violent kidnappings like that of the Rodriguez child are rare, law enforcement officers report. Most kidnappings involving children stem from divorce and child custody issues. "Every year over 200,000 children are taken by a family member, usually a parent without legal custody," said expert Los Angeles criminal defense attorney Stephen Rodriguez (no relation to the kidnapped boy). Called parental kidnapping, taking your child in violation of custody orders is a serious crime in California. "Any person who does not have the right to custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from a person having legal custody, if convicted, could spend time in jail and even state prison," Rodriguez warns.

In the state of California, kidnapping of minors under the age of 14 is punishable by up to 11 years in state prison. When kidnapping is committed for ransom or robbery, it is called aggravated kidnapping and is punishable by life in prison without the possibility of parole. If the victim suffers bodily harm or is killed, the perpetrators will spend the rest of their lives in prison without any chance of parole. Because kidnapping is a Three Strikes crime in California, felony conviction can result in onerous doubled and life sentences.

If you are charged with parental kidnapping, it is critical that you immediately contact an experienced criminal defense lawyer to protect your rights. Many defenses are possible, including consent and lack of intent. The experienced criminal defense attorneys at Stephen G. Rodriguez & Associates can advise you of your rights and prepare an aggressive defense to protect them.

Identity theft is California's fastest growing crime. Stealing another person's identity or personal information and using it to commit fraud or access another person's finances is a serious crime in California. A national wave of high-profile identity theft cases has prompted the Federal Trade Commission to tighten federal regulations governing the storage of online documents and require identification verification, both online and onsite (see our May 4 post).

In California, identity theft crimes include:

• Internet identity theft - Using another person's credit card to make Internet purchases.


• Credit card theft - Using someone else's information to apply for a credit card or making purchases with someone else's credit card.


• Bank identity theft - Using another person's information to apply for a mortgage or loan or open a bank account.


• Counterfeit - Creating or altering credit cards, a driver's license or official records such as medical records or a marriage license.


• Forgery - Signing someone else's name on checks or credit/debit card purchases.

In California, it is also against the law to sell, transfer or publish personal information or account numbers to another person for money or goods. Under California law, criminal defense against identity theft hinges largely on what the prosecutor can or cannot prove. Expert Los Angeles criminal defense attorney Stephen Rodriguez notes that, to convict, the prosecutor must prove all of the following:

• The defendant must have willfully obtained the personal identification of another individual.


• The defendant must have obtained the information without the individual's permission or authorization.


• The defendant must have used the information for an unlawful purpose, including obtaining credit, goods, services or medical records in the victim's name and without the victim's consent.

In California, identity theft can be charged as either a misdemeanor or felony, depending on the seriousness of the harm to the victim, the amount of financial damage, the defendant's prior record and the sophistication of the crime. If you engage in identity theft on the Internet, because the Internet crosses state lines, you can also be charged with a federal crime. Representation by an experienced criminal defense lawyer is critical. An expert criminal defense attorney understands how to prepare a strong defense and may even be able to get the charges dropped or alternative sentencing assigned that will keep you out of jail. If you've been charged with identity theft, contact the law offices of Stephen G. Rodriguez & Associates for a free, confidential evaluation of your case today.

The Federal Trade Commission this month started enforcing new rules geared to fight identity theft, the fastest growing crime in the U.S. Tightening regulations that govern how online documents are stored and requiring verification of identification, both online and off, is expected to trim the number of identity-theft complaints. Last year, 314,000 Americans filed identity-theft complaints with the FTC. A rash of stolen identity cases seems to have swept the country in the past year, causing problems for thousands of citizens. From stolen VA medical files to theft of utility account information to driver's license records tossed in the trash, lack of due diligence and sometimes plain old common sense has incensed Americans.

While credit card fraud topped the complaint list, ID theft cases involving utility accounts opened under someone else's name (leaving the unaware consumer to pay the bills) accounted for 13% of cases reported to the FTC. Stolen identities used to commit medical fraud led to 1.3% of complaints. Under new FTC regulations, all health care providers must initiate a plan to verify the identity of patients. For example, patients may have to present a driver's license to verify their identity when they visit their physician.

It is hoped that new FTC regulations, most of which are clerical in nature, will provide necessary guidelines and procedures to help businesses and institutions adequately protect the personal information of their clients. People should expect a few more identifying questions when they call a company or go online to access their account. Presentation of a photo ID to verify identity when conducting business in person is expected to become the norm. The new regulations require that utility and medical information be kept locked when not in use and shredded when destroyed.

Identity theft is a serious crime in California, warns expert Los Angeles criminal defense attorney Stephen Rodriquez. California's fastest growing crime, identity theft is a type of fraud in which someone uses another person's name, Social Security number, date of birth, mother's maiden name, driver's license number, account number, password, or other personal identification information without authority or falsely poses as another individual to commit fraud or gain access to the other person's finances. Identity theft can carry significant consequences with severe penalties. More on Wednesday.

Since the tragic death of her sister, Nicole Brown Simpson, wife of former football star and actor O.J. Simpson, Denise Brown has devoted her career to fighting domestic violence (see our April 29 post). As in the case of her sister, Brown says that domestic violence usually happens behind closed doors. Victims ravaged by shame and fear rarely even confide in their friends or family. Increased financial strain and job loss due to the current economic crisis have increased reports of domestic violence in California.

"Violence directed at loves ones is against the law," warns expert Los Angeles criminal defense attorney Stephen Rodriquez. "Being married, divorced, or dating someone does not entitle you to hit, threaten, or abuse those at home. In California, this type of violence/abuse is considered domestic violence and can be charged as either a felony or misdemeanor, depending on the extent of the violence and type of injury," explains the experienced criminal defense lawyer.

In California, Rodriguez explains, domestic violence cases are handled differently than other criminal cases. Specially designated prosecutors and Domestic Violence Units aggressively prosecute those charged. Charges can be difficult to impossible to drop, even with the victim's consent. Once the state becomes involved in a domestic violence case, it has the ability to step in on behalf of the victim, including children, and prosecute the offender independently of the victim's efforts or desires. Besides acts of physical assault and abuse, domestic violence can include threats, intimidation, harassing phone calls, stalking, sexual abuse, verbal abuse, financial abuse, social abuse and child abuse. For a full list of possible domestic violence charges, visit the website of Stephen G. Rodriquez & Associates.

The seriousness of each case, prior incidents and injuries determine whether a domestic violence case is prosecuted as a misdemeanor or felony. Misdemeanor conviction can require a short jail sentence, counseling, community service or physical labor, fines and court orders restricting contact. Felony conviction carries similar but more onerous sentences and can increase jail time to 3 months to 3 years in a state prison.

Because California law regarding domestic violence is so complex and highly specialized, it is important to contact an experienced Los Angeles criminal defense attorney immediately if you are charged with domestic violence. The expert criminal defense attorneys at the law offices of Stephen G. Rodriguez & Associates can help victims file Protective Orders if they feel they are in danger and can also represent defendants charged with domestic violence violations. Call today for expert advice about your domestic violence case.