Los Angeles Criminal Defense Lawyer Blog

More than 200 federal criminal cases have been thrown out of court, overturned or otherwise significantly impacted by the misconduct of prosecutors in the last decade, according to an in-depth investigation by USA Today.

And federal prosecutors are supposed to be the elite, the best of the best. Such conduct uncovered at the federal level eludes to a truly horrifying picture at the state and local level.

A Los Angeles federal criminal defense lawyer should always represent anyone facing criminal charges in federal court. The laws are much different in federal court and require an attorney who has the knowledge and experience to protect your rights and help ensure that you are treated fairly by the system.

Since Congress enacted a law aimed at stopping such abuse in 1997, the USA Today uncovered 201 cases in which prosecutors violated laws or ethics rules. In blasting prosecutors for "flagrant" or "outrageous" abuses, judges cited hidden evidence, lying to judge or juries and broken plea bargains as among the most common infractions. In each case, the violations were so serious the judges threw out charges, overturned convictions or rebuked prosecutors for their conduct.

Even high-profile defendants have not been immune. Last year, former Alaskan Sen. Ted Stevens was found guilty in a corruption trial in which the charges were later dismissed because of prosecutor misconduct.

The Justice department would not reveal how many lawyers had been punished, citing privacy concerns. The USAToday investigation found evidence in just 1 case that the attorney was prohibited from practicing law for any length of time.

Continue reading "Study finds prosecutor misconduct a concern; federal criminal defense lawyers in Los Angeles can help protect your rights" »

Amid the ongoing saga of Lindsay Lohan, it is easy to forget that all of her legal problems stem from a drunk driving conviction nearly three years ago. A Los Angeles DUI defense lawyer should assist clients in avoiding problematic terms of probation and work to ensure that a client understands what's expected so that he or she can avoid additional legal problems.

Clients who find themselves in significant legal trouble as a result of a drunk driving conviction are often those who fail to take the charges serious enough. A DUI conviction frequently leads to job loss, loss of your driver's license and jail time. Various studies have put the average cost of a DUI at about $10,000. Speaking with an experienced attorney is money well spent.

For instance, many are surprised to learn that those experienced with the legal system often request jail time instead of attempting to comply with a lengthy probation term. As Lohan has found -- through three years of stints in jails and rehab -- probation is often not for the faint of heart.

Lohan's case is not even an extreme example, it is simply a high-profile example of what happens with hundreds, if not thousands of drunk driving cases each year. Just because you are counting on probation, does not mean you do not need an attorney at your side to protect your rights.

CNN reports that Loan plans to check herself into another rehab facility. She was jailed without bail last week after failing a drug test. A judge later ruled she had to be granted bail because the underlying charge was a simple misdemeanor DUI.

Her bail was granted -- for an astronomical sum of $300,000. She has been in court. She has been in jail. She has been in rehab. She has been subject to various forms of electronic monitoring. And she is nowhere near being free of the system.

Terms of probation may include maintaining employment, not leaving the state, not associating with certain friends or relatives, passing frequent drug or alcohol screenings, and obeying a curfew. When a violation occurs, a judge has the option of returning you to jail on the underling charge.

Lohan will be back in court for the probation revocation hearing on Oct. 22. At which time she will very likely be returning to jail once again.

Continue reading "Lohan case illustrates dangers of probation violations in Los Angeles DUI cases" »

The City of Bell is certainly up in arms over the revelation that its administrative staff were extremely well compensated. As the New York Times reported, the mayor and former city manager were among eight current and former city officials of the working class town south of Los Angeles, who were arrested this week amid allegations that they were drawing salaries of as much as $800,000.

Those charged with white collar crimes or embezzlement in Los Angeles or the surrounding area need immediate access to an aggressive and experienced Los Angeles criminal defense attorney who can protect their rights. Frankly, as despicable as many find the situation, we have yet to see any evidence of illegality. And we suspect that is precisely what has made it so newsworthy. It is not against the law to pay yourself an insane salary if the proper safeguards were in place, such as approval by an elected council. Throwing people out of office and electing new officials is one thing. Throwing them in jail because no one was minding the store is quite another.

L.A. District Attorney Steve Cooley is no dummy. Being a candidate for Attorney General, he was quick to jump aboard the media train with the announcement of felony charges. "This is corruption on steroids," he said. And the Los Angeles Times is busy tooting its own horn about exposing the alleged corruption. The city's police chief resigned last month, having been paid a salary of $457,000 a year.

Yet these salaries happened because of a lack of attention. Likely the result of hefty raises approved over a period of years by a council that was permitted to act with autonomy and with little or no oversight from the media. The Los Angeles Times last cut hundreds of staffers from its newsroom in recent years. Was there a Bell reporter among them?

The real question is how many more Bells are out there?

Continue reading "White collar criminal charges against Bell City officials little more than posturing" »

A 23-year-old man is facing three murder charges after being criminally charged for a DUI accident in Los Angeles that claimed the life of an Angels pitcher and two others, the Associated Press reported.

As veteran Los Angeles drunk driving defense lawyers, our hearts certainly go out to the victims in such tragic cases. But the charges of second-degree murder filed by prosecutors is just another example of the ever-increasing penalties being sought by the state in an increasing number of cases. The only defense is an aggressive offense or it is very likely that the state will ensure that the driver's life is destroyed because of a horrible mistake -- as if someone wins if everyone loses. Too often, the judges believe such harsh penalties satisfy the public and are only too happy to comply.

In cases with a high-profile victim or intense media focus, it is even more likely the state will seek to make an example of a defendant. An aggressive and experienced law firm should be called as soon as possible to manage the case in both the criminal court and the court of public opinion.

The 23-year-old defendant is standing trial for the death of Los Angeles Angels pitcher Nick Adenhart and two other victims, ages 20 and 25. He faces three counts of second-degree murder as well as hit and run and two other alcohol-related felonies. Prosecutors say he was intoxicated when he ran a red light and T-boned a car containing the three victims and a fourth occupant. He is also accused of fleeing the scene; police found him traveling on the shoulder of the road several miles away.

His defense attorney argued that the state had not proven the defendant was driving. Typically, in DUI accident cases, a defense will attack the state's case on two fronts: That the defendant was intoxicated and that he or she was responsible for causing the accident. If the state fails to prove either allegations, a reduction or dismissal of the case is possible.

Prosecutors elected to go with the murder charges because the defendant had a previous conviction for drunk driving. The escalating penalties for repeat violations of California's drunk driving law is another reason why an experienced defense lawyer should always be called to represent a client facing DUI in Los Angeles. We also think a DUI conviction on your record makes it more likely that you will be targeted for a future stop by law enforcement.

Continue reading "Los Angeles DUI Accidents require aggressive and experienced legal representation " »

A local pastor is facing sexual assault charges in Los Angeles for allegedly having sex with a 14-year-old girl who was participating in church youth group, the Mercury News reported.

No charge requires a more aggressive defense -- both in the courtroom and in the court of public opinion -- than sex crimes involving children. In recent years, charges involving clergy have become commonplace and many innocent men of faith have seen their careers and their reputations destroyed by baseless accusations.

A Megan's Law defense lawyer can defend clients accused of sex crimes requiring sex-offender notification under California law, including rape, sexual battery and kidnapping to commit a sex crime. A defendant may also find themselves accused of violating the law's notification requirements, such as registering a change of address or otherwise reporting as required. In such cases, a Los Angeles criminal defense lawyer can help defend your rights.

Authorities say the 45-year-old pastor had been sexually assaulting the teen for several months. He was arrested Thursday and released after posing $140,000 bail. Police say the South Los Angeles pastor befriended the girl in a church youth group and took her to several vacant properties, where he had sex with her.

The Los Angeles Times reports that the defendant has been charged with six felony counts, including lewd acts with a minor and unlawful sexual intercourse.

Continue reading "Pastor accused of sexually assaulting 14-year-old girl in Los Angeles" »

The string of high-profile arrests for domestic violence in Los Angeles continues as L.A. Laker Matt Barnes was arrested last week on a domestic violence charge after a confrontation with his girlfriend, according to the USA Today.

Barnes allegedly told a reporter he was the victim and was arrested simply because he was the man in the argument.

Each year, about 40,000 defendants face a California domestic violence charge, or more than 100 people a day. An L.A. criminal defense attorney should be contacted immediately to protect your rights, your access to your home and family and your livelihood. More than many other types of crimes, a domestic violence conviction can have a wide range of consequences, including the inability to own a firearm and hold certain jobs or occupational licenses. Restraining orders can prevent you from returning home or visiting children. And a domestic violence charge will complicate divorce and child custody proceedings.

The Sacramento County Sheriff's Office reported responding to a call and finding Barnes' girlfriend had visible injuries as a result of a physical altercation. He is also accused of preventing her from making a 911 phone call.

Meanwhile, the USA Today reported that the domestic violence case against ESPN personality Jay Mariotti has been dropped. As we reported last month on our Los Angeles Criminal Defense Lawyer Blog, Mariotti was jailed on an undisclosed felony after police were called to his residence and found his girlfriend suffering from cuts and bruises.

He had reportedly exchanged harsh words with her at a Santa Monica club earlier in the evening. The Los Angeles County District Attorneys Office has declined to pursue felony charges. The case has not yet been reviewed by the city attorney for possible misdemeanor charges, according to the Beverly Hills Courier.

Under California law, a misdemeanor domestic violence charge is punishable by up to six month in jail, while a felony charge carries a penalty of up to 3 years in prison. Either conviction can also result in a year of domestic violence counseling, 40 hours of community service, fines, court costs and a no contact order with the victim.

Continue reading "High-profile domestic violence arrests in Los Angeles continue" »

The head of a Los Angeles staffing agency is facing federal charges accusing him of operating one of the largest human-trafficking rings in U.S. history, the Associated Press reported.

White collar criminal charges in Los Angeles always require an experienced criminal defense lawyer. Federal authorities are going after business leaders in an increasing number of cases. Frequently, they are not responsible for wrongdoing within a company and should not be charged. But reputations are often destroyed, regardless of guilt or innocence, without an experienced and aggressive defense.

In this case, the CEO of Global Horizons Manpower, Inc., surrendered to federal authorities in Honolulu after the Federal Bureau of Investigations could not locate and arrest him at his Southern California home. He has pleaded not guilty.

Three other employees and two Thailand-based recruiters were also charged in the indictment. The government claims the company exploited 400 Thailand workers by forcing them to work on U.S. farms.

He appeared in court in chains and faces up to 70 years in prison if found guilty of the charges. An Israeli national, he was ordered deported last year for unknown reasons but is appealing the deportation order. Federal authorities also accuse the defendant's public relations agency of providing misleading information about his location, including stories that he was in Los Angles, Texas and Albuquerque.

The agency issued a statement criticizing the FBI for breaking windows and doors in the defendant's Los Angeles home while he was away on business in Texas.

Continue reading "White collar crime in Los Angeles: Staffing agency facing federal charges over human trafficking allegations" »

The use of California's three-strikes law against a man facing fraud charges is exactly the type of prosecutorial overreaching and misuse that defense attorneys have long warned would occur.

The Los Angeles Times reports the 47-year-old defendant is facing 23 felonies for allegedly scamming five victims out of the titles to their homes Charges include theft from the elderly, identity theft and real estate fraud. He previously spent five years in prison after being convicted of a foreclosure rescue scam in the 1990s.

California's three-strikes law requires those with previous strike convictions to serve a prison sentence that is almost double what would otherwise be served upon a subsequent conviction. Those facing a third strike could be sentenced to 25 years to life in prison. The law is meant to combat violent criminals and that is how it was sold to the public. Here, it is being used against a white collar defendant.

The Times reports it could be one of the first times a white-collar crime is punished under the state's three-strikes law. "I've never heard of such a case," said Stan Goldman, a Loyola Law School professor and outspoken three-strikes opponent. "This law was intended to deal with serious and violent felons and lock them up forever."

The defendant received his first two strikes, both for residential burglary, in 1997. Even that case did not involve traditional burglaries; instead, he was convicted of talking his way into victims' homes, offering to refinance mortgages, and diverting property or loan proceeds for himself.

California's three strike's law makes it critical to consult with an experienced Los Angeles criminal defense attorney regardless of they type of felony charge you are facing. Keeping a clean record is vital to protecting your rights and your freedom. Too often, the presence of a previous strike conviction can turn a relatively minor criminal charge into the threat of decades behind bars. Any felony will serve as a third strike.

The time to fight is now, not after you have two strikes on your record.

Continue reading "Los Angeles white collar fraud charges could lead to life in prison under California three-strikes law" »