Los Angeles Criminal Defense Lawyer Blog

As Los Angeles Police point out, getting a restraining order is as easy to going to Superior Court to report someone has hurt or threatened a person, even if an arrest hasn't been made.

While restraining orders can be helpful in situations where abuse is happening or threats are being made, they can also turn someone doing nothing wrong into a victim. If someone has falsely filed a restraining order against you, take action. Hire Los Angeles Restraining Order Attorneys to defend your rights.

LAPD says that after going to Superior Court in Los Angeles, a restraining order "should be granted the same or next day." Three weeks later a temporary restraining order can become valid for three years.

Restraining orders can ruin your reputation, cause you to have child custody problems, hurt your prospects of getting a job and otherwise disrupt your life. If it's not necessary, it shouldn't be granted. And if that's the case, you should fight it. Los Angeles restraining order defense should be obtained as soon as possible to stop the process before a person can put you in a bad light.

As a respondent, or person receiving notice of the restraining order, you must be served with a copy of the restraining order. The copies must include an Answer to Temporary Restraining Order (form DV-120), which is your opportunity to respond. You'll have between 10 and 20 days to respond before the hearing.

A judge will have a hearing to determine whether a restraining order is necessary. During the hearing, the judge will decide whether to issue the restraining order, cancel it or modify it somehow. You would be at an advantage having an attorney with you to fight the allegations. Conversely, if the person filing for the restraining order is represented by counsel and you show up alone, you could be in trouble. You could ask for a continuance, but that could require additional fees and costs. Being prepared and ready to fight can make a big difference.

Continue reading "Los Angeles Restraining Orders Easy to Get and Have Lasting Effects" »

The Los Angeles Times says a 16-year-old from Santa Monica was arrested recently for making homemade explosives.

The newspaper reports that officers were conducting a routine probation check recently at the boy's apartment in the 1100 block of 12th Street near Wilshire Boulevard. Apparently, they found a three-inch PVC pipe bomb and firecrackers.

While these are serious charges, juvenile defendants require a Los Angeles juvenile criminal defense attorney who has years of experience fighting crimes on behalf of our children. Teens often get mixed up in crimes that aren't their idea and because of their mental capacity and mental development.

According to the story, police called in the bomb squad and evacuated nearby residents. Police didn't provide an explanation of why the boy had the materials in his apartment or what the terms of his probation. Often, cases like these have a less-frightening explanation. While police use the term "explosives," some of these items are used in making fireworks.

It's crucial that juveniles have proper representation to keep these crimes off a young person's criminal record. Juvenile crime convictions in Los Angeles and elsewhere in California can keep teens out of college, disqualify them from obtaining student loans and make it difficult to join the military or start meaningful careers.

And along with the potential future effects on a juvenile being convicted of a crime, it can have psychological effects on the child as well. That is why the juvenile crime area of law is designed to rehabilitate rather than punish. Adult convicts are punished with prison time and other sanctions, while teens are treated as if they can learn their lesson with help.

But waiting too long in the process before consulting an experienced juvenile crimes attorney in Los Angeles could hurt your child. It's often possible that swift action can convince prosecutors not to file charges or file less serious charges. If the teen is old enough to be charged as an adult, picking the right attorney can also keep the state from prosecuting the teen as an adult.

This decision is extremely important for your child. This could result in the difference between community service, a juvenile boot camp or a prison filled with hardened criminals. Make the choice that's in the best interests of your child and contact Los Angeles juvenile criminal defense lawyers.

Continue reading "Santa Monica Juvenile Charged With Making, Possessing Explosives" »

Los Angeles Sheriff's deputies recently made four arrests in what they believe was a cockfighting operation in the backyard of a Valinda home, The Los Angeles Times reports.

Charges involving animal cruelty in California are serious, as the state has some of the most comprehensive animal cruelty laws in the United States. Because of their severity, they should not be treated lightly. Consult with an experienced Los Angeles criminal defense attorney to protect your rights.

In the case in Valinda, deputies told The Times they discovered more than 40 birds in the 15800 block of Fairgrove Avenue in San Gabriel Valley. Authorities said about 100 people at the home fled when deputies arrived.

While authorities speculated the fight may have taken days to prepare, a neighbor told the newspaper she was surprised to hear that an illegal cockfighting operation had taken place. Authorities said the homeowner wasn't present when deputies arrived and they are investigating whether that person was involved.

Deputies arrested three adults and one juvenile on charges of suspicion of watching an animal fight exhibition, which is a misdemeanor. While law enforcement investigates this case, it is possible that others will be charged or charges against those arrested will increase. That's why it's important to prepare a defense as soon as possible in situations like these.

California has dozens of laws dedicated to the fighting of animals for sport. Most are punishable as misdemeanors, which could involve jail time and fines, but it is possible for prosecutors to seek felony charges in some cases, which could result in prison time and probation.

Prosecutors have the discretion to file a crime under the more specific animal cruelty laws, or under the more general animal abuse descriptions in Penal Code 597. Depending on the seriousness of the case, the defendant's criminal history and the law under which the crime is prosecuted, animal cruelty can be charged as an infraction, a misdemeanor or a felony. Defendants with criminal histories can have these charges enhanced and before you know it, the person could be facing serious prison time.

Continue reading "Four Arrested in Alleged Los Angeles Cockfighting Operation" »

San Bernardino County authorities allege a former Los Angeles police detective is involved in a theft and securities fraud scheme that involves millions of dollars and many fellow officers, The Los Angeles Times reports.

While this case will get a lot of media attention because the defendant is a former cop, it should be noted that many white collar crimes in California are difficult to prove in court. While they may be easy to prove in the public arena, Los Angeles white collar attorneys know the extensive research needed to defend someone from these types of serious crimes.

The Times article states the detective is charged with 10 felonies, including the sale of false investment securities, the sale of securities without a license and grand theft.
She is accused of violating state laws that establish the terms under which people can sell securities and real estate.

Prosecutors allege she illegally assured investors she would sell a piece of her own property to reimburse them if deals went sour. She also allegedly lied to investors about investment properties being secured by official deeds or trusts. Investors were promised a high rate of return, but they received nothing.

The detective said, according to The Times, she was duped by a 70-year-old bishop of a South Los Angeles church, who was arrested on an unrelated fraud charge. She said the bishop persuaded her to give him the cash she raised to help him catch up on payments on his church and other properties.

Los Angeles theft cases involving real estate can be especially tricky because the entire premise of investments is that they can go bad. With the country trying to bounce back from a recession and people losing money left and right, it's not uncommon for investors who are left sour after a transaction to claim the person making the investments is a crook.

Also in white collar crimes, judges can order the defendant to pay back restitution if the state proves the crime. That's on top of possible prison time, probation and other conditions. These are serious charges and they should be handled by attorneys that have decades of experience handling Los Angeles white collar crimes.

Continue reading "Ex-LAPD Detective Charged in Alleged Real Estate Scam" »

Los Angeles officials have expanded their investigation into allegations of corruption at the city's building department after two inspectors were arrested last month on suspicion of accepting bribes, according to the Los Angeles Times.

If you find yourself involved in a situation like this, consult a Los Angeles criminal defense attorney immediately. A well-qualified defense attorney can advise you about the legal rights and options you have in fighting these types of criminal charges. White-collar criminal charges in Los Angeles often involve defendants with little or no experience in the criminal justice system. As such, they frequently attempt to talk their way out of trouble or think that by cooperating with authorities they can avoid criminal charges. This is rarely, if ever, the case. Your best bet is to speak to a qualified criminal defense attorney as soon as possible.

A federal grand jury recently issued three subpoenas to the Department of Building and Safety as grand jurors are seeking personnel records for at least 11 current and former employees. The department is also the target of a lawsuit filed by University of Southern California fraternity Theta Xi that claims it faced retaliation after refusing to pay bribes to inspectors.

Officials initially believed the matter was limited to two men arrested last month, one of whom recently pleaded guilty to accepting $6,000 in bribes between November and January. He faces up to 10 years in a federal prison.

But a confidential informant told the FBI that bribes are a "systematic" problem at the department where not only cash, but free labor, materials and a vacation were needed for favor. The department employs more than 300 inspectors.

In a recorded exchange with one of the men, he told an undercover agent that he normally demanded $2,000 to sign off on a building permit. But because the construction project under discussion was on 97th Street, and outside of his territory, Gonzalez said he would need $2,500 so he could pay a "tribute" to the building inspector responsible for that address.

The Theta XI lawsuit alleges that one inspector failed the Greek organization's plumbing inspection 20 times after his request for a "bribe" was rebuffed. Approvals were held up as a result, the lawsuit states. Court documents also allege the inspector requested unnecessary blueprints and required the plumber to redo work that had been done correctly the first time.

Continue reading "Los Angeles Building Department Corruption and Bribery Probe Leads to Arrests" »

A Los Angeles city councilman wants to prohibit the sale of dogs and cats bred in mills, according to the Los Angeles Times.

Los Angeles animal cruelty attorneys know that dog and cat breeders often are labeled as operating "mills" and authorities often bring charges for animal cruelty. In California, especially Los Angeles, animal cruelty and abuse is a serious offense, often punishable by prison time, fines and a crimnal record.

Before you talk with authorities, contact an attorney who has experience in animal cruelty defense.

Councilman Paul Koretz introduced a motion to Los Angeles City Council recently that is aimed at cutting down on the number of dogs and cats in the city. Some pet stores purchase animals from large-scale breeding operations and Koretz wants to give financial incentives to stores for not doing so. He wants to encourage pet owners to adopt.

The motion calls for a study by police and the city attorney's office about banning sales of commercially bred dogs, cats and rabbits and a ban of what Koretz calls puppy, kitten, chicken and rabbit "mills" within city limits, the number of which is unknown.

The California Penal Code lists dozens of laws designed to penalize people for abusing animals, including laws that could relate specifically to breeders. Penal Code 597t makes it a crime to confine an animal in an area that does not provide it with adequate exercise or restricting an animal with a leash that allows the animal to become entangled. Code 597z makes selling dogs younger than 8 weeks of age a crime.

Committing these crimes may constitute a misdemeanor conviction on your record as well as various fines. More serious animal cruelty crimes are considered felonies and can result in imprisonment.

Continue reading "Proposed Puppy Mill Ban Could Increase Risk of Animal Abuse Charges in Los Angeles" »

Nearly 1,000 Southern California DUI suspects may go free because of faulty breathalyzers used by San Jose Police officers, the Mercury News reported.

Los Angeles drunken driving defense lawyers understand that breathalyzer test results are often faulty. Still, law enforcement continues to use portable and stationary breath tests in the ongoing crackdown on drunk drivers.

Rick Springfield is the latest celebrity arrested for DUI in Los Angeles, according to CBS News.

The Santa Clara County District Attorney's Office announced it will review cases over a month to determine how many to drop after officers used the Alco-Sensor V breathalyzer as part of field sobriety tests. The breathalyzers may have shown incorrect readings because of a manufacturer's error that caused condensation to built up in the tube. The devices were also used by Palo Alto police.

The technicality could get some suspects off the hook by a dropped case or reversed conviction. Some arrested weren't drunk but were wrongly believed to be intoxicated because the device was faulty. The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes.

Recently, San Jose officers stopped using the device after six months, while Ventura County authorities began reviewing hundreds of similar cases in the last few weeks. An unknown amount of cases could be affected in Palo Alto, where officers have been using the device since April 2010.

It appears a breathalyzer was used in the recent arrest of "Jessie's Girl" singer Rick Springfield, who was pulled over by the Los Angeles County Sheriff's Department for a traffic violation.

According to People magazine, Springfield's blood alcohol content was measured at .10, over the .08 limit in California. Springfield, 61, allegedly failed sobriety tests administered by officers after they smelled alcohol in his vehicle.

Continue reading "Breathalyzer Results Often Challenged in Los Angeles Drunk Driving Arrests" »

A California appeals court rejected music producer Phil Spector's bid to overturn his 2009 murder conviction based on the prosecution calling a number of women who testified Spector had threatened them with guns in the past, The Associated Press reports.

A three-member panel of the state 2nd District Court of Appeal affirmed Spector's conviction in an 81-page decision, rejecting a number of claims made, including that actress Lana Clarkson may have killed herself.

If you are convicted of any crime, you are entitled to an appeal. A competent Los Angeles criminal defense attorney is required to navigate the difficult area of appellate law.

A defendant's first appeal is extremely important because it addresses errors made by the trial judge, wrong use of the law, whether certain evidence introduced or statements made to the jury and other factors violated the defendant's rights. If you hire the wrong appellate attorney, it may be harmful to you. In California, an appeal must be filed within 60 days of the conviction.

Spector was convicted two years ago of shooting the actress to death at his Alhambra mansion in 2003. He's serving 19 years to life in prison on a second-degree murder conviction. His first trial ended in a hung jury; the second in conviction.

The judge panel also found there wasn't misconduct by the judge or prosecution at trial and that the testimony of five women who claimed Spector threatened them with guns was proper, even though some of the incidents dated back 30 years and Spector wasn't charged in those instances. The judges said the testimony showed a pattern of gun-related behavior.

The Spector case may be appealed to the California Supreme Court.

Under California law, the process of an appeal starts when a notice of appeal is filed in the court where the conviction or ruling is made. California's criminal appeal process is a unique and complex area of law and takes extensive research and preparation, which means it can take a year or more to complete.

Continue reading "Phil Spector Appeal Denied; What You Need to Know About Your Right to Appeal a Conviction in California" »