Los Angeles Criminal Defense Lawyer Blog

A couple is facing charges of theft from the elderly in Los Angeles after authorities say they stole more than $600,000 from an 85-year-old Laguna Woods woman, NBC News reported.

A Los Angeles criminal defense lawyer experienced in handling financial crimes will need to represent the defendants in this case. These are complex crimes. Allegations are often unfounded. Frequently siblings or other relatives are involved. And the criminal consequences can be severe. Too often, these crimes also involve defendants who are unfamiliar with the criminal justice system. In such cases, they sometimes cooperate with authorities, or give statements, in the hopes of talking their way out of being charged. This is almost always a mistake. We believe your best bet is to remain silent and speak to a qualified defense attorney as early as possible in an investigation.

In this case, the 57-year-old defendant from Laguna Niguel is facing two felony counts of accessory after the fact and receiving stolen property, as well as one count of second-degree burglary. His 51-year-old wife is charged with a felony count of caretaker theft from an elder, 34 counts of fraudulent use of a credit card, 24 felony forgery counts and a first-degree felony burglary charge.

She also is facing sentencing enhancements for loss of more than $150,000, white-collar crime of more than $500,000 and property loss of more than $200,000. Both have pleaded not guilty and are being held on $610,000 bail.

Investigators displayed more than 100 pieces of jewelry and believe there might be more victims. The female defendant is accused of using stolen money on Lasik eye surgery, private schools for her children, travel and personal items. She allegedly spent more than $20,000 caring for her dog.

Continue reading "Couple faces charges of theft from the elderly in Los Angeles" »

Two men facing burglary charges in Los Angeles reportedly ran from a store with about $20 worth of beer and snacks.

And into a sheriff's cruiser sitting in the parking lot.

Humorous? Perhaps. But what is serious is the need to select an experienced Los Angeles defense lawyer to handle charges that can arise when a drunken escapade goes wrong.

Burglary can be a serious felony charge. A misdemeanor shoplifting charge would be more appropriate. How a defendant is charged is heavily dependent upon the discretion of law enforcement and prosecutors.

What they are convicted of rests on the shoulders of their choice in defense attorneys. This case could result in anything from dropped charges and a clear record, to a felony mark on their permanent criminal record.

The Mercury News reports the two entered a Chevron Food Mart in La Mirada about 4 a.m. and rushed out with $18.76 worth of beer and snacks. Several Los Angeles sheriff's deputies were parked in squad cars in the parking lot. The men were chased down and captured before they got to a car.

The defendants, a 29-year-old Costa Mesa man and a 19-year-old Victorville man, are charged with burglary and petty theft.

The Orange County Register reports the store caught the Jan. 23 incident on surveillance video.

Continue reading "Men face burglary charges in Los Angeles for shoplifting from convenience store" »

A U.S. Marine captain has been sentenced to six years in prison after pleading guilty to fraud charges involving government contracts in Iraq, Reuters News reported.

A Los Angeles criminal defense lawyer should always be consulted when fraud against the government is alleged. These are typically complex cases and an attorney experienced with handling federal theft crimes in Los Angeles should be consulted at the earliest stage possible.

In this case, the Marine captain, who was assigned to Camp Pendleton in Southern California, was convicted of conspiracy to commit wire fraud and filing a false tax return with the Internal Revenue Service. He was convicted of skimming $1.7 million from government contracts.

Federal conspiracy and wire fraud charges are particularly complex. In most cases, no crime needs to have been committed -- the government must only prove intent. Wire fraud may involve the mail, telephone or electronic forms of communications, such as fax or e-mail.

The defendant's wife also pleaded guilty to a tax offense and faces three years in prison at her sentencing next month. The government contended that the 40-year-old Marine used his position to steer business to an Iraqi contractor.

The government reports the scheme cost the U.S. Department of Defense $1.69 million and the IRS $450,000 in unpaid taxes. Government investigators seized two California properties, two luxury vehicles and $40,000 in cash as part of the investigation.

"The (defendants) defrauded U.S. taxpayers, cheated the Iraqi people and betrayed the trust placed in them," said Stuart Bowen, attorney for the Special Inspector General for Iraq Reconstruction.

Continue reading "Federal mail fraud and conspiracy charges alleged in California military theft case" »

Lindsay Lohan is back in the news, facing felony theft charges in Los Angeles after allegedly taking a $2,500 necklace from a Venice jewelry store.

Lohan pleaded not guilty to felony theft during an appearance in Los Angeles County Superior Court. However, Lohan's attorney indicates she may be willing to plead out as part of an agreement that will allow her to avoid jail time, according to the L.A. Times.

Typically, an experienced Los Angeles criminal defense attorney might be able to seek a plea agreement that would allow a client with no previous criminal record to avoid jail time, even when a theft charge is filed as a low-level felony. But even for a cat with nine lives there is a limit and Lohan might be about to find that out the hard way.

For starters, the theft is the latest in a long string of probation violations, which always complicate new criminal charges. Too often, defendants ignore the potential threat caused by probation violations. It's worth noting that, until now, all of Lohan's legal problems have been the result of probation violations stemming from a drunk driving conviction.

Further complicating the case is the fact that she has been slapped with a felony. Under California law, grand theft applies to items valued at more than $400 and can be charged as either a misdemeanor or felony.

Even more serious charges can apply when burglary or robbery is alleged, which is not the case here. The difference between burglary and robbery is that robbery alleges the use or threat of force.

Petty theft or shoplifting charges in Los Angeles generally apply in cases where the value of an item is less than $400. Certainly the valuation of this "one of a kind" necklace will be one area where her attorney will seek to work for lesser charges.

The judge revoked Lohan's bond in the 2007 drunk driving case and she posted a new $40,000 bond and was released. She was also ordered to stay away from the store. The judge told her she is now facing a felony and that she must maintain strict compliance or face a return to jail.

Continue reading "Lohan's Los Angeles Theft Charge Illustrates Difference in Property Crimes " »

A jewelry store owner has pleaded guilty to felony insurance fraud in Los Angeles for filing a false claim involving a 4.21-carat diamond, the Beverly Hills Courier reported.

The economic downturn has given rise to all sorts of fraud allegations. Consulting an experienced Los Angeles criminal defense lawyer is the best bet when it comes to defending yourself against such allegations and fighting for your future freedom and financial well-being. Too often, those facing white-collar criminal charges in Los Angeles are unfamiliar with the legal system and decide cooperating with authorities is the best course of action. This is usually a mistake. It is the job of investigators to prove your guilt. They are not empowered to make a deal with you, even if they wanted to. Consulting an experienced defense lawyer at the earliest stage of such investigations is usually the best course of action.

The store owner pleaded guilty to filing a false claim, alleging the theft of a 4.21-carat diamond valued at $99,000 after one of his employees was robbed of 20 diamonds on Jan. 7, 2010. The 4.21-carat diamond was not among the gems stolen.

As part of a plea agreement he will spent five days in jail, 90-days of home confinement and three-years of probation. He avoided prison as part of a deal to repay the insurance company. He has thus far repaid about $65,000.

He could have faced five years in prison if convicted at trial. The scam came to light when he traveled to Israel and attempted to have the diamond recertified by the Gemological Institute of America.

Continue reading "Man pleads to Insurance Fraud in Los Angeles in case involving 4.21-Carat Diamond" »

The U.S. Department of Justice has unsealed a criminal complaint charging 41 alleged gang members with numerous crimes in five states, UPI reported.

A Los Angeles defense lawyer should always be called to handle gang charges in L.A. Gang enhancements can significantly increase the penalties for current and future crimes. Additionally, being associated with a gang can result in more serious penalties for future criminal charges.

And convictions as a juvenile may count as a strike even in adulthood when determining sentencing under California's three-strikes law.

Charges include murder, racketeering and drug and firearm trafficking. Twenty-nine of the suspects were taken into custody on Wednesday. Additional arrests are expected, according to authorities.

"Gangs threaten the safety and stability of neighborhoods across our nation," said U.S. Assistant Attorney General Lanny A. Breuer of the Criminal Division. "Gangs spread fear in our communities, trading in guns, drugs, and violence, and they cause too many young people to choose lives of crime."

Twelve alleged members of the Colonias Chiques gang in Los Angeles were indicted, along with gang members in Kansas City, Law Vegas, Washington D.C., and Texas.

"Although these cases are in different parts of the country, they illustrate the common threats gang members pose to our communities," said Kevin Perkins, assistant director of the FBI's Criminal Investigative Division.

Continue reading "Los Angeles Gang Charges require Aggressive Defense " »

Dozens of alleged gang members were arrested on federal criminal charges in Los Angeles this week, accused of racketeering, murder, drug trafficking and a host of other crimes, the L.A. Times reported.

A federal criminal defense lawyer in Los Angeles will understand the complex nature of representing clients facing charges under the Racketeering Influenced and Corrupt Organizations (RICO) act. Originally designed for the prosecution of organized crime, it has been used against gang members and even white-collar criminals involved in fraud or embezzlement. Such charges give prosecutors wide latitude in proving guilt by association and guilt as part of an ongoing criminal enterprise. It also opens defendants up to seizure and forfeiture of assets and decades behind bars.

More than 800 law enforcement officers targeted alleged members of the 38th Street gang. One of the city's oldest gangs, it is known for its ties to the Mexican Mafia prison gang. Members are also accused of using a 14-year-old girl as a shooter and of impersonating FBI agents.

Thirty-seven defendants were taken into custody on federal indictments. Twenty more were taken into custody on state weapons and drug charges. Eighty-seven alleged gang members were targeted in all. Authorities say they seized 7 kilos of cocaine, a pound of meth, 23 weapons and $250,000 in cash.

Most of the defendants charged with racketeering face life behind bars if convicted.

Continue reading "RICO Charges require Federal Criminal Defense Attorney in Los Angeles" »

A former city schools secretary pleaded guilty to a charge of misappropriation of funds in exchange for the dismissal of eight other charges of forgery and embezzlement in Los Angeles, the Daily Breeze reported.

In such cases, it's important to select a Los Angeles criminal defense attorney experienced in handling fraud, embezzlement and other white-collar criminal allegations. Financial crimes can be very complex, especially in cases where multiple parties had access to accounts, debit or credit cards or checkbooks. Additionally, as this case illustrates, defendants are frequently overcharged by prosecutors and a thorough review and tough negotiations can frequently result in charges being drastically reduced or even dismissed.

The 47-year-old administrative assistant at Halldale Avenue Elementary School was arrested last October and charged with felony misappropriation of public funds. Authorities allege she was given control of two school accounts shortly after accepting the position in 2005. She also was named treasurer of the PTA and had access to that account, according to the district attorney's office.

The prosecutor assigned to the case indicated he will ask the judge to order the defendant to pay more than $100,000 in restitution. In exchange for the guilty plea, eight other counts of embezzlement and forgery were dropped.

The Los Angeles Times reports the former school employee was sentenced to two years in prison. The Times reports she had also been charged with forging signatures on more than 100 checks by using the names of two principals and two PTA officials.

Continue reading "Los Angeles Fraud and Embezzlement Charges Dropped in Plea Deal with Prosecutors" »