Los Angeles Criminal Defense Lawyer Blog

Fail to appear for your court date or pay a fine and you could find yourself tracked down, handcuffed and carted off to jail. It could jeopardize your job if it happens in front of your boss and co-workers. It could embarrass you if it happens in front of your neighbors. It could traumatize your children if it happens in front of your family. As they say, the law waits for no man. If you don't show up in court when you're supposed to, the judge will issue a bench warrant. The most commonly issued type of warrant in California, a bench warrant is an order for a person's immediate arrest.

Most often issued for failure to appear in court on the scheduled date, a bench warrant all but guarantees you an embarrassing ride in an LAPD cruiser and a night in jail where you'll have to wait until a judge can hear your case. At your hearing, the judge will reschedule your original court date. Having proved yourself to be what the court considers a flight risk by failing to appear, the judge is unlikely to release you while you wait for your new court date. The judge will most likely set bail or return you to jail to guarantee you show up on the new date. If other outstanding warrants exist, bail will probably be denied and you'll be returned to jail. Depending on how heavy the court docket is, you could be forced to wait in jail for weeks or months until your new court date.

If you discover that a bench warrant has been issued for you, it is essential that you return to court immediately with an experienced criminal defense attorney like Stephen Rodriguez. Contact LA criminal defense attorney Stephen Rodriguez today. Fluent Spanish spoken.

Choreographer Alex Da Silva had better brush up on his fancy footwork, though that's what seems to have gotten the So You Think You Can Dance tango king into trouble. Da Silva was arrested at his North Hollywood home yesterday on charges of rape and other sex crimes. On behalf of four of Da Silva's female dance students, the Los Angeles District Attorney charged the dance master with four counts of forcible rape, two counts of assault with intent to commit rape, and two counts of sexual penetration with a foreign object. Da Silva faces possible life in prison if convicted of all charges.

The LA District Attorney's Sex Crimes Division vigorously prosecutes rape and sex crimes, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. "Generally, sexual assaults include unwanted physical contact with a sexual organ. Physical contact is unwanted if the victim 'says no,' physically objects or was not able to give consent due to mental incapacitation," explained the experienced criminal defense lawyer. Because California law does not require evidence that the rape victim physically objected to the sexual act, it is critical that the accused immediately seek the services of a criminal defense attorney experienced in handling rape and sex crime cases in Los Angeles.

Sex crimes are a particularly hot button issue in American society today. But as attorney Rodriguez points out, "As unpopular as sex offenses and alleged sex crimes are in society, individuals accused of sex crimes have the same rights as any other criminal defendant." Consent, insufficient evidence and mistaken identity provide avenues for defense. Conviction of a sex crime is life changing. Penalties can include jail, community service, counseling, probation or parole and lifetime sex offender registration. If you are charged with rape or a sex crime, contact experienced criminal defense lawyer Stephen Rodriguez today.

Bernie Madoff isn't the only con artist stealing millions from gullible investors. Investment scams have increased since the economy tanked. Investors are looking for a quick way to recoup losses and con artists are only too happy to relieve them of their cash. Here's how the top five scams work:

• Ponzi schemes lure investors with promises of high returns. Money from new investors is used to pay off early investors until the pyramid collapses. Most investors lose everything.


• Real estate investment cons promise high returns for flipping real estate. Investors lose when rehabs are never performed or property is located in undesirable locations.


• Investment/financial-adviser fraud occurs when an unscrupulous advisor takes advantage of a client's lack of oversight. Funds may be embezzled, the cost of services inflated or fictionalized services charged.


• Oil and gas investment scams assure quick profits on oil and gas ventures that never get off the ground. Watch out for unregistered securities.


• Affinity fraud targets a group -- family, church, work -- with which the con artist has a personal connection, using personal influence to dupe people into fraudulent investments.

Fraud is theft. "In California, theft crime charges can range from a minor shoplifting charge (for stealing something valued under $400) to grand theft, which can be charged as a felony and could require a state prison sentence," said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, fraud is a wobbler, "a crime that can be prosecuted or charged as either a misdemeanor or a felony," explained Rodriguez. The nature of the crime, dollar amount involved and defendant's prior record can influence the charge. With the severity of sentencing hanging over wobbler offenses, expert legal representation is critical. "The right attorney can tip the justice scales in favor of a misdemeanor and minimize the impact of a wobbler crime," Rodriguez said.

-Legal Pro

The U.S. breathed a sigh of relief when journalists Euna Lee and Laura Ling were reunited with their families on a California runway after 5 months of imprisonment in North Korea. The women were arrested while pursing a story on human trafficking; but you do not have to travel halfway around the world to find young women being forced into slavery as prostitutes. Federal authorities estimate that 15,000 to 18,000 girls and women in America are victims of human trafficking every year.

Targeted at shopping malls, schools, college campuses and on the internet, girls are often lured into a life of forced prostitution with promises of modeling or acting careers. Poverty or a history of abuse can make women more vulnerable, but often it's the trusting nature of youth that places girls in jeopardy. Lured to Florida with promises of a modeling career, an attractive suburban high school graduate was forced to prostitute herself by a pimp she believed was a modeling agency photographer. The man beat her and threatened to kill her and harm her family to force her to have sex with men in the backseat of his car -- as many as 20 times a night. Some pimps use drugs to control their victims, addicting girls against their will.

Increasingly, law enforcement officers are recognizing that prostitutes may be victims of human trafficking. "We need to figure out who the bad guy is, just like in any other crime," Lt. Matt Warren told a class of Ohio state troopers at the Highway Patrol Academy. "You're going to have to look beyond the crime and see these people as they are -- victims."

If you are arrested for prostitution, break the cycle of victimization. Contact the experienced Los Angeles criminal defense attorneys at Stephen G. Rodriguez & Associates. Fluent Spanish spoken.

With California's unemployment rate approaching 12%, jobs are hard to find these days. A criminal record drastically reduces your chances of being hired and limits your employment opportunities. Many employers will not hire people with a criminal record. People with a criminal conviction are not eligible to obtain a professional license, meaning they cannot work as a realtor, stock broker, doctor, lawyer or in certain other professions that require a state license. Oftentimes a misdemeanor conviction or a youthful indiscretion can create a considerable stumbling block to getting a job. Many employers simply throw out applications in which the answer to the question "Have you ever been convicted of a crime?" is answered "Yes." Expungement can allow you to clear the slate and truthfully answer that question "No."

"In California, an expungement is a legal process by which a criminal conviction is dismissed," said criminal defense attorney Stephen Rodriguez. "A guilty plea, no contest plea or a finding of guilt by a judge or jury is set aside and the case is dismissed." An expungement "does not seal or destroy your criminal records," the expert Los Angeles lawyer explained. "The arrest, prosecution and conviction records remain in the file, but a notation is placed in the file that the conviction has been dismissed." Instead of a guilty verdict, your file shows a not guilty plea and dismissal of the case by the court.

There are certain exceptions, of course, and expunging a record does not exempt it from counting against you as a prior conviction under California's Three Strikes Law or in DUI cases. But expunging your record does remove the social stigma of criminal conviction and gives you an advantage when applying for a job. Contact Los Angeles expungement attorney Stephen Rodriguez for a personal consultation and to find out more about expungement.

A new ruling by the U.S. Supreme Court is expected to impact the prosecution of DUI (driving under the influence) and DWI (driving while intoxicated) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor must make a laboratory technician available during court to testify in person. In its decision, the Supreme Court equated such lab reports to witnesses for the prosecution. Under the Sixth Amendment a defendant has the right to "be confronted with the witnesses against him," wrote Justice Antonin Scalia. In drug, drunk driving and other cases in which lab reports play an important role in the prosecution's case, Scalia wrote that defendants were "entitled to be confronted with the analysts at trial."

Some prosecutors have expressed concern about the cost and potential availability of lab technicians for courtroom appearances. However, in his successful arguments before the Supreme Court, Stanford University law professor Jeffrey Fisher noted that presenting crime experts at trials is already common practice in some states, including California. While prosecutors soft pedaled the impact of the Supreme Court ruling, criminal defense attorneys applauded the opportunity to challenge lab reports in court, noting that crime labs sometimes make mistakes that result in the conviction of innocent people.

California prosecutes DUI and DWI aggressively. A drunk driving charge results in two proceedings against the defendant: a criminal case and a Department of Motor Vehicles (DMV) case. Legal proceedings can be complex. Conviction can have serious consequences, including heavy fees, loss of license and jail time. A DUI charge demands immediate attention and aggressive action from a skilled DUI defense attorney like Stephen Rodriguez.