Los Angeles Criminal Defense Lawyer Blog

Los Angeles police are investigating possible manslaughter charges against Michael Jackson's personal physician. Investigators in Houston, Texas obtained search warrants and raided a medical clinic and storage unit used by Dr. Conrad Murray, searching for evidence to support manslaughter charges against the doctor. According to news reports, police confiscated a variety of documents, letters and emails, computers and vials of drugs.

Several times Murray has stated to the press that he did not give the pop star any medications or narcotics that were likely to cause his death. However, Jackson's family has been critical of the doctor's late involvement in Jackson's life. A cardiologist, Murray was hired as Jackson's personal physician during the star's preparation for a comeback tour. The doctor discovered the collapsed singer at his home on June 25 and administered CPR until paramedics arrived. Jackson was pronounced dead after arrival at UCLA Medical Center. Medications, including the powerful anesthetic propofol, were found in Jackson's home after his death. Jackson had complained of severe insomnia, and there is suspicion that ingestion of propofol may have contributed to the singer's death.

So why are LAPD investigators pursuing a charge of manslaughter instead of murder as some of Jackson's fans are demanding? In both murder and manslaughter an individual is killed; the difference is intent. Murder is the intentional, willful, deliberate and malicious killing of another. When premeditated -- planned in advance -- it is classed as first-degree or felony murder. Examples of first-degree murder include killing while committing arson, burglary, robbery, carjacking, kidnapping, rape and drive-by shootings. When murder lacks premeditation or deliberation, it is called second-degree murder. Examples of second-degree murder include use of a gun in a fight that results in death or swinging a baseball bat at a victim that accidentally hits him in the head causing death.

In contrast, manslaughter is the unpremeditated killing of another person without malice. Manslaughter can be either voluntary or involuntary. Voluntary manslaughter is the provoked killing of another in the heat of passion. Involuntary manslaughter is the unintentional killing of another either through recklessness or negligence or during the commission of an unlawful misdemeanor crime. If Jackson's doctor is found to have administered a drug that unwittingly caused the singer's death, he is likely to be charged with involuntary manslaughter.

Manslaughter or murder charges require experienced, aggressive criminal defense by a highly experienced, aggressive criminal defense attorney like expert Los Angeles criminal defense lawyer Stephen Rodriguez. If you are questioned or charged with murder or manslaughter, there are important steps you should take immediately. To discuss your case with a knowledgeable LA criminal defense attorney, contact Stephen Rodriguez today. Fluent Spanish spoken.

In cases of domestic violence and disagreement, one party can obtain a restraining order against the other. Restraining orders prevent contact between the parties, whether in person, by phone, via the internet or through a third party. Not only can a restraining order prevent you from seeing or speaking to your spouse, it can prevent you from seeing or contacting your children. You can be prohibited from calling, texting or emailing your children, sending cards or letters, even sending birthday presents. A restraining order can prohibit you from returning to your home and force you to stay away from places where your spouse or children are present, such as schools, churches, family members' homes, workplaces, even local groceries and stores. If you are served with a restraining order, you can be forced to surrender your guns and weapons to police officers and, if the order is made permanent, can be prohibited from owning or purchasing guns in the future. Being served with a restraining order can seriously impact your relationships with your spouse, children, family, friends and lifestyle.

If you are served with a restraining order, you need to understand the process (see our July 20 post). If a restraining order is obtained against you, court officers will serve you personally. By law, you will not be allowed to contact the person who obtained the order. You may be asked to surrender any guns or other weapons you own. A court hearing will be scheduled within one to five days at which you must appear. At the hearing, both parties will have an opportunity to present their case. The judge can decide to void the restraining order, change its terms or make it permanent for one to three years. If the order is made permanent, you may not be allowed to contact your spouse or children in any way while the order is in effect. You will not be allowed to own or purchase fire arms or other weapons. When the restraining order expires, your spouse can go back to court and have it renewed.

The stakes are high. If you do not protect yourself when you are served with a restraining order, the consequences can be life-changing. While you can choose to defend yourself in a restraining order hearing, you place yourself and your freedom at considerable risk if you do not have the expert advice of an experienced criminal defense attorney. If you are served with a restraining order, contact expert criminal defense lawyer Stephen Rodriguez immediately to protect yourself and your rights. Fluent Spanish spoken.

Restraining orders are court orders signed by a judge that prohibit one person from contacting, annoying or harassing another. There are two legal sides to restraining orders: people who need restraining orders to protect themselves or their families from threat and abuse, and people who are served with restraining orders and must defend themselves. Today, we'll focus on how to file a restraining order to keep yourself safe. On Wednesday, we'll discuss what to do if you are served with a restraining order.

California law offers four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez, who helps clients on both sides of restraining order law.

• Emergency Protective Order (EPO). Issued by law enforcement officers to protect domestic violence victims, EPOs are valid for 5 days, providing temporary protection while victims seek permanent measures.


• Domestic Violence Temporary Restraining Order (TRO or DVRO). Victims of domestic violence can obtain a TRO valid for 3 weeks pending a court hearing during which both parties present their grievances to a judge who can dismiss the order or make it permanent for 1 to 3 years.


• Criminal Protective Order ("No Contact" order). Obtained through the District Attorney's office, this criminal restraining order prevents contact of any kind between the parties and is issued in active criminal domestic violence cases.


• Civil Harassment Restraining Order (CHO). CHOs are used to stop harassment between neighbors, roommates and co-workers.

Filing a restraining order stops abuse and harassment and puts the court on the victim's side. Restraining orders prevent contact of any kind, whether in person, via phone or the Internet or through a third party. They can prevent your child from being removed from a violent home and prevent the abuser from owning weapons. If an abuser attempts to violate a restraining order, the police can take him to jail.

You do not need an attorney to file a restraining order, but representing yourself puts you at a serious disadvantage, particularly if the other party has expert legal representation, warns expert Los Angeles attorney Stephen Rodriguez. An experienced criminal defense attorney knows the law and can help you obtain the result you need to feel safe and secure. He will make sure that all proper documents are filed on time, walk you through the process and explain how to handle the judge's questions so you are confident and prepared in court, and provide expertise and support through every step of the legal process. If you need help filing a restraining order, contact Stephen Rodriquez today. Fluent Spanish spoken.

Next time: What to do if you are served with a restraining order

-Legal Pro

Stalkers deal in fear. Their obsessive harassment of celebrities regularly makes the news. Earlier this year, Georgia resident Brady Green was convicted of stalking, harassment, criminal trespass and attempted aggravated harassment for hounding supermodel Tyra Banks. Dawne Wilson was convicted of felony aggravated stalking and sentenced to jail for sending murderous email messages to actor Tyler Perry. Overzealous fans and paparazzi regularly cross the line from acceptable fandom to frighteningly aggressive behavior in their pursuit of celebrities. But stalking is not limited to the famous. Celebrities may get the press, but the majority of stalking victims are ordinary citizens. Jealous ex-boyfriends stalk their former girlfriends, ex-husbands stalk their former wives, sexual predators stalk school children. From 75% to 80% of all stalking cases involve a male stalking a female and are often connected to domestic violence cases. Too often, stalking leads to more aggressive and more frightening behavior, including assault, battery, even murder.

In 1990, California was the first state to enact anti-stalking laws after obsessed fan Theresa Saldana stabbed to death TV star Rebecca Schaffer. Stalking laws protect against not only celebrity stalking, but cyber stalking, workplace stalking and any stalking behavior or harassment that puts the victim in fear of his or her safety, explained expert Los Angeles criminal defense attorney Stephen Rodriguez. Stalking "is a series of unwanted actions or conduct that puts a person in fear for their safety."

Cyber stalking on the Internet is of growing concern in Los Angeles County, said attorney Rodriguez. "Cyber stalking takes on many forms such as sending email to the victim, impersonating the victim in char rooms and email messages, and spreading untruths in a chat room," Rodriguez explained. "The Internet is a very efficient and inexpensive way for cyber stalkers to intimidate, terrorize and harm their victims while at the same time remaining anonymous." Incidents of cyber stalking in Los Angeles have become so numerous that special law enforcement units called Stalking and Threat Assessment Teams (STAT) have been created to aggressively investigate and prosecute cyber stalking.

Stalking can be charged as either a misdemeanor or felony depending on the presence of aggravating factors, the defendant's record and whether he is a repeat offender. If convicted of a felony, stalkers can be sentenced to up to five years in state prison. Stalking is a serious crime that requires serious defense. If you are accused of stalking, contact Los Angeles criminal defense attorney Stephen Rodriguez today for a free and private consultation.

Nearly a year ago a serviceman, his wife and their young son were tragically killed in a hit and run accident in Riverside County, California, east of Los Angeles. Witnesses told police a speeding truck weaving in and out of traffic lost control on a curve and plowed headfirst into the Chevy Malibu driven by Navy Corpsman Andres Cruz Sanagustin who was stationed at Camp Pendleton. The crash killed Sanagustin, his wife and their 4-year-old son. The driver of the truck, Chad Huber, left the scene of the accident, reported his truck stolen and fled to Mexico. Police investigators later found that Huber had been drinking in a local bar just before the accident.

After hunting Huber for five months, police finally caught him late last year when a sheriff's deputy discovered him driving a stolen car in Rancho Cucamonga. Police gave chase, and Huber was captured after crashing his car and fleeing into a nearby home. Huber was caught with the aid of a police dog, arrested and charged with hit and run and murder. Huber has been in custody in the San Bernardino County jail awaiting arraignment scheduled for today at the Southwest Justice Center.

"Leaving the scene of an accident prior to producing the necessary driver documentation is considered hit and run and may carry criminal charges," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. The driver documentation you are required to provide includes:

• Name


• Driver's license number


• Vehicle identification number


• Insurance carrier's name and address


• Insurance policy number

California law requires drivers to stop and provide documentation whether an accident involves a moving vehicle, pedestrian, parked car or someone's property. "If you drive away, even if the accident wasn't your fault, you can be charged with the crime of hit and run," Rodriguez warns. It is the driver's responsibility to locate the owner of an unoccupied vehicle or property damaged in an accident. When the owner cannot be located, the driver is required to leave a visible note containing his contact information and facts surrounding the accident and file an immediate police report.

When accidents cause injury or death, driver's bear additional responsibilities. In injury accidents, the driver must render reasonable aid to the injured person in addition to providing required documentation. If death, referred to as vehicular manslaughter, occurs, the accident must be immediately reported to the police or California Highway Patrol. In serious accidents that involve injury, death or extensive property damage, drivers can be charged with a felony and may face harsh, life-altering penalties.

With the arrival of the summer holiday season, police started rolling out the BAT mobiles in May, preparing to combat drunk drivers and get them off the roads. BAT (Breath Alcohol Testing) mobiles are special mobile vans equipped with multiple intoxilizers, breath alcohol testing equipment, and technicians trained in their use. Throughout the summer, but particularly during the Memorial Day, 4th of July and Labor Day weekends that seem to account for a large percentage of summer DUI arrests, police in many states set up sting operations to catch people who are driving under the influence (DUI) of alcohol or drugs or driving while intoxicated (DWI). The mobile BAT units allow police to administer DUI tests in the field, process stopped motorists quickly, issue tickets immediately, and take drunk drivers off the roads before they hurt themselves or others.

In California, increasingly strict drunk driving laws involve two proceedings for those charged with DUI or DWI. If you are arrested and found to have a blood alcohol concentration of .08% or above, police will charge you with two misdemeanor offenses: driving under the influence of alcohol and driving with an excessive blood alcohol concentration. If an accident occurred that caused injury to a third party, you can also be charged with a felony offense. Conviction of DUI can result in fines up to $1,000, confiscation of your vehicle, suspension of your license, community service and/or jail time. The court may order installation of an interlock device that will prevent your car from starting if you have been drinking. You can also be ordered to attend DUI school for 3 to 6 months or placed on up to 3 years of informal probation. Penalties escalate for repeat DUI offenders. If you maim or kill someone while driving drunk, you can be charged with vehicular manslaughter which has far more serious consequences.

In addition to and separate from the criminal proceedings, police will confiscate your driver's license and serve you with an order of suspension. You will have only 10 days to contact the Department of Motor Vehicles to request a hearing to contest the suspension or risk automatic suspension of your driver's license. If the DMV rules against you, your license can be suspended for four months or longer if you are a repeat offender.

DUI penalties can have life-altering consequences, warns experienced Los Angeles criminal defense attorney Stephen Rodriguez. An experienced criminal defense attorney with expertise representing DUI cases can protect your interests in both court and at your DMV hearing and may able to get DUI charges dismissed or penalties diminished.