Los Angeles Criminal Defense Lawyer Blog

A Los Angeles medical marijuana store was robbed late last night. Robbers wearing ski masks and waving guns barged into the Gourmet Green Room around 11 p.m. Thursday, June 18, demanding cash and pot. The three armed men made off with $15,000 in cash and an undisclosed amount of marijuana, escaping in a silver Cadillac driven by a fourth man. While customers were present during the holdup, no one was hurt. Police are investigating a possible link to another pot store robbery in L.A.'s San Fernando Valley.

Medicinal marijuana may be legal in California, but robbery is not. "Robbery is the taking of property from another against their will by means of force or fear," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Robbery is a serious crime in the state of California and is charged as a felony. A conviction for robbery adds a "strike" to your record under California's harsh Three Strikes Law. The use of guns during the commission of a robbery increases the seriousness of the crime and adds stringent penalties if the perpetrator is convicted and sentenced.

Criminal defense lawyer Rodriguez offers this advice if you are caught in a robbery or other theft in the Los Angeles area:

• Contact an experienced Los Angeles criminal defense lawyer like Stephen Rodriguez as soon as possible so your rights will be protected right from the start.


• Gather all witnesses and facts surrounding the accusations so your attorney can thoroughly evaluate your case and determine the most effective course of action.


• Discuss the legal defense process with your attorney. Stephen Rodriguez will explain each step in the defense process, describe what your attorney will be doing, and tell you what you need to do.


• Communicate all information about the case to your attorney. Give your lawyer a complete picture of your past criminal record, present living conditions, medical history or needs, financial status, employment, citizenship and anything else that may affect your case. Be honest with your lawyer. The more information your attorney has, the better he will be able to defend you. Remember, information you provide to your attorney is privileged and cannot be used against you.


• Follow your attorney's instructions. Do not volunteer information to the authorities. If in doubt about anything, check with your attorney first.

Craigslist is under attack again. A North Carolina husband used the popular classified advertising website to find a rapist to act out his sexual fantasies on his unsuspecting wife. The husband arranged for a man he found on craigslist to rape his wife at knifepoint while he watched. The wife told the Associated Press she has been completely traumatized by the unexpected attack, saying, "This is the worst thing that has ever happened to me."

The woman's husband is being held on a $200,000 bond on a charge of first degree rape. The recently arrested rapist is being held on a $250,000 bond and is charged with first degree rape and three other sex offenses. Both men remain in jail.

For the past year, craigslist has been under attack by law enforcement officials in 40 states for running prostitution ads. In an agreement reached late last year, the website agreed to require identifying information from erotic services advertisers to discourage illegal businesses.

Last month, craigslist agreed to shut down its erotic services section entirely after a Boston medical student was charged in the death of a woman who advertised erotic massage on the website. Craigslist has pledged to carefully screen ads to a new adult services section before posting them. However, a search today on the Los Angeles craigslist site for both erotic services and adult services brought up lists of personal ads.

In California, "sex offenses include all types of sexual activities ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the less serious crime of prostitution, usually described as sex for hire," explains expert Los Angeles criminal defense attorney Stephen Rodriguez.

According to the U.S. Department of Justice, every two minutes, someone in the U.S. is raped, and 73% of rape victims know their attacker. Under California law, there are three classifications of rape:

• Statutory rape is a sexual act with a minor under age 18. Even if consensual, charges can be brought by the victim's parents or the state.


• Date rape is forced sex between people who know each other during a social engagement such as a date. Sometimes attackers use drugs like Rohypnol and GHB to incapacitate their dates before raping them. Date rape is a serious problem on college campuses.


• Spousal rape is sex forced on one spouse by the other without consent.

Except in the case of statutory rape where age is primary, criminal defense for rape generally centers on the often murky issue of consent. The strength of evidence, mistaken identity, and the accuser's credibility also offer avenues for criminal defense of rape.

School is out and with jobs in short supply this summer, more children and teens are hanging out with friends, milling around, looking for something to do. As they say, "Idle hands are the devil's playground," and the combination of peer pressure, long summer days and boredom are a perfect combination for decorating the neighborhood with a little graffiti. Most teens think of graffiti, also called "tagging," as harmless fun or an artful prank. It's a way to leave their mark on the world that they don't think hurts anyone. But home and property owners take a dim view of graffiti, and the law calls it a crime. Graffiti defaces and devalues property. It costs money -- often quite a lot of money -- and hard work to remove graffiti. What seems like a prank to kids is viewed under California law as the crime of vandalism.

Under Penal Code 594, the State of California defines vandalism as "Every person who maliciously commits any of the following acts:

• Defaces with graffiti or other inscribed material,


• Damages, or


• Destroys the real or personal property of another."

Expert Los Angeles criminal defense attorney Stephen Rodriquez explains, "If it doesn't belong to you and you deface, destroy, or damage it without the owner's permission, you have committed the crime of vandalism." It doesn't matter whether the property is public or private; any time you deliberately damage or destroy property without the owner's permission, you are committing a crime. Spray painting graffiti on a wall or overpass, park bench or street sign is not considered "art;" it is the crime of vandalism and is rigorously punished in Los Angeles and in communities throughout California. You can be charged with vandalism just for being in possession of aerosol paint containers, tools or chemicals. If caught with such items, you can be charged with vandalism even if you have not actually committed the intended act. Evidence of the attempt can be enough to earn you a ride to the police station.

In California, vandalism can be charged as either a misdemeanor or a felony depending on the circumstances, extent of damage and the individual's record. Consequences can be severe and may include steep fines, community service, restitution, probation and even incarceration. Skilled legal representation by an experienced criminal defense lawyer is the best way to avoid a criminal record if your child is charged with vandalism. A savvy criminal defense attorney like Stephen Rodriguez with a thorough knowledge of Los Angeles legal processes may be able to get the charges dismissed or reduced and keep your child out of jail.

A respectable family man, father of four, church deacon, soccer coach and community volunteer put on a wig and mask, took his gun out of the nightstand and tried to rob a bank before surrendering to police. A music minister used a handgun to force tellers to clean out their cash drawers then led police on a high-speed chase before surrendering. A policeman, pillar of his community and former high school valedictorian was arrested for robbing his hometown bank.

Armed robbery is the most dramatic, but burglary, theft and shoplifting are also on the rise. What's unusual is that the crime wave is being committed by the most unlikely crooks, upstanding citizens who have fallen on such hard financial times that theft seems to be the only way out. In each of the cases noted above, the individual charged had fallen into a deep financial hole. Desperation driven by the poor economy, job loss or threat of foreclosure seemed to push each person over the edge from law-abiding citizen to wanted criminal.

Recent robberies committed through Craigslist ads are another example of recession-driven crime. Across the country people have been lured by Craigslist bargains only to be robbed when they show up, cash in hand, to purchase the bogus merchandise. Law enforcement officers offer the following tips for avoiding becoming the victim of an online theft scam:

• Keep control the meeting location by choosing the place and time.


• Meet in a public place with other people around.


• Transact business during daylight hours.


• Never go to the meeting site alone.


• Never take cash. Take a personal check, money order or use an online payment service like PayPal.


• If it seems too good to be true, it probably is!

In California theft is a serious crime and armed robbery can result in prison time, restitution, and loss of professional certificates and licenses. Even if life feels desperate, theft "comes with a lifetime of social judgment," warns experienced Los Angeles criminal defense attorney Stephen Rodriquez. "Trust cannot be bought. In all circles, honesty is highly valued. A criminal record of theft charges is hard to shake."

If you are charged with theft or robbery, the early hiring of a skilled Los Angeles criminal defense attorney is crucial. An experienced theft defense attorney like Stephen Rodriguez understands the potential life-changing effect a theft charge can have and will provide the aggressive defense you need. An expert criminal defense attorney may even be able to arrange alternative sentencing so that you can avoid going to jail. If you have been charged with a theft crime, contact Stephen Rodriguez & Associates for a free evaluation of your case.

• 1 in 5 tweens, children aged 8 to 12, have posted personal information about themselves on the Internet.


• 1 in 4 pre-teens have been contacted online by a stranger.


• 1 in 10 tweens have responded and chatted online with someone they didn't know.

Those are some of the disturbing findings of the Tween Internet Safety Survey sponsored by Cox Communications and the National Center for Missing and Exploited Children. By the time they're 9, most American children have used the Internet. Not quite half (42%) of 8- to 10-year olds have a personal email account. By the time they're 11 and 12, 71% have their own email accounts, 50% have their own cell phone, 41% regularly send instant messages, and more than a third have a profile on a social network site like Facebook or MySpace.

Of those preteens with social network profiles, the survey found that 61% posted photos of themselves to their site, 48% admitted they had lied about their age on their site, and 51% said they'd received messages from people they didn't know.

The survey and an accompanying summit hosted by John Walsh, host of Fox TV's America's Most Wanted, brought together teens, tweens and experts to talk about the perils children encounter in cyberspace. Walsh called social network sites "a hunting ground" for pedophiles and warned that posting personal profiles on such sites increases children's risk of being contacted by strangers, being bullied by peers, or being the victim of an embarrassing attack or worse. Often the danger comes from strangers preying on unsuspecting children. Sometimes, though, the danger comes from peers -- petty jealousies, bullying or horsing around that goes too far.

When committed by one child against another, these crimes are prosecuted in the California juvenile court system. "Juvenile courts handle cases involving children between the ages of 10 and 17," explains expert Los Angeles criminal defense attorney Stephen Rodriquez. "The intent is to rehabilitate the child, not punish him or her."

However, when an adult acts against a child on the Internet, he can be charged with a sex crime against a minor, a serious crime in the state of California that can be life changing. Conviction is likely to result in a felony record, a prison sentence, and lifetime registration as a sex offender. Early defense by an experienced Los Angeles criminal defense lawyer can minimize charges brought against you.

-Legal Pro

Actor Tom Sizemore was arrested in Los Angeles late last week on an outstanding warrant related to a 2007 drug offense. The actor was apprehended with another man when L.A. police answered a domestic violence call. According to an unverified report on TMZ.com, the actor and his buddy were found in possession of narcotics. Sizemore was booked and released. The Saving Private Ryan and Heat actor received probation last May on seven drug charges. That probation was revoked in April. Since 2003, the troubled actor has been in trouble with the law, arrested for various drug offenses, assault and theft.

In California, drug offenses are vigorously prosecuted. Drug offense penalties can be severe and result in a criminal record and prison time. In California, drug offenses fall into four categories:

• Drug possession for personal use. Possession of controlled substances for personal use is a felony in California, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. However, possession of marijuana, being under the influence of a drug, and possession of drug paraphernalia are generally charged as misdemeanors. You can be convicted of drug possession if drugs are found in your car, house or purse, even if drugs are not found on your person when you are arrested.


• Drug possession with intent to sell. Selling or the intent to sell drugs is a felony. Attorney Rodriguez cautions that you can be convicted of intent to sell drugs even if no money changed hands and the sale was not completed. If you are caught with drug packaging, weighing scales or cutting agents, or if police have proof of sales activities, you can be convicted of possession with intent to sell.


• Drug trafficking. Transporting, importing or selling/distributing drugs is a felony in California. However, if you are arrested with less than 28.5 grams of marijuana meant solely for personal use, you can be charged with a misdemeanor. L.A. lawyer Rodriguez notes that you can be charged and convicted of drug trafficking if you merely aid or conspire with someone to sell or purchase a controlled substance.


• Manufacturing drugs. Planting, cultivating or harvesting marijuana and manufacturing illegal drugs or possessing chemicals that can be used to manufacture illegal drugs are crimes in California.

"The most powerful defense for a drug bust or drug crime is the evidence and how it was obtained," notes skilled criminal defense attorney Stephen Rodriguez. Evidence obtained through an illegal search and seizure cannot be used to convict you. An experienced criminal defense lawyer can, in court, challenge the way evidence was obtained, resulting in dismissal if successful. A skilled criminal defense attorney may also be able to obtain alternative sentencing for non-violent drug offenders, substituting rehabilitation for jail time.