Los Angeles Criminal Defense Lawyer Blog

An 18-year-old has been charged with two counts of murder and two counts of attempted murder in the May shooting deaths of a 2-year-old boy and his uncle, The Los Angeles Times reports.

Los Angeles Criminal Defense Lawyers recognize the outrage that charges like these bring in the community, but we also understand and believe that everyone deserves their day in court and the state must have proof beyond a reasonable doubt. Los Angeles murder charges are the most serious in the criminal justice system and therefore require the most diligent defense representation.

Police believe the young man intended to shoot at rival gang members, but the bullets hit the boy and his uncle outside their family home in the 1200 block of East 55th Street in South Los Angeles. The news report doesn't offer details about how police connected the man, who was arrested three weeks after the incident, to the shooting.

Under California Penal Code 187, the statute for murder, murder can be punishable by 25 years to life. But gang-related crimes can be punishable by death. California Penal Code 190.2 states, in part:

"The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang."

If prosecutors are able to meet that burden of proof, a defendant can face life or even the death penalty. According to the California Department of Corrections and Rehabilitation, there are 714 inmates facing the death penalty in California, with 219 from Los Angeles County.

Also in California, crimes other than murder can be punished with additional years in prison if the state can prove the defendant's actions came as the result of gang-related activity. Under California Penal Code 186.22, the defendant can serve an additional 10 years on top of whatever the normal punishment is for the crime.

Both murder and gang-related charges are serious and must be defended aggressively. This means trying to suppress key evidence, such as statements, ballistics results, eye witness accounts, DNA or other pieces of proof that could be detrimental to the case. Testing the defendant's competency to stand trial and other matters may also be relevant to the defense.

In California, there are five types of homicides: first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter and a lawful killing. All of these have different elements that must be met to prove them and exploring the elements of the less-serious of those charges may be beneficial in working out a plea agreement, if that is in the best interest of the client.

Voluntary manslaughter, for instance, means killing someone in a "sudden heat of passion" in response to a legally adequate provocation and can be punished by 3 to 11 years in prison. Involuntary manslaughter, however, is unintentionally killing someone through negligence or while committing a misdemeanor. This can be punished by anywhere from a year in jail to 4 years in prison.

While these charges all require some incarceration time, they are much more beneficial to a defendant than 25 years to death. But it's also possible that the defendant is completely innocent or police don't have enough evidence to prove beyond all reasonable doubt that the person committed the crime. In situations like that, our firm will take the case to trial and argue with passion against a conviction.

Continue reading "Alleged Gang Member Arrested in South L.A. Fatal Shooting" »

A Cal State Northridge math professor recently had a warrant issued for his arrest after not showing up for court on charges that he urinated on a colleague's office door during a dispute, The Los Angeles Times reports.

Misdemeanor charges in Los Angeles are certainly minor compared to felony charges, but they still carry penalties and can ruin reputations and destroy careers. And for this reason, they require aggressive defenses. Representing yourself puts you at a huge disadvantage against the state and could mean you end up facing the most severe punishment allowed by the charge.

In this case, the professor failed to show up for a pretrial conference hearing in his case and a judge ordered he be arrested. He must pay $35,000 in lieu of going to jail. The professor was captured on videotape urinating on the door of another professor's office after school officials concealed a camera nearby after discovering puddles of what they thought was urine. The man's attorney told the judge he hasn't had any recent contact with the man. He faces two counts of urinating in a public place.

Public urination can be considered disorderly conduct (California Penal Code 647) or creating a public nuisance (California Penal Code 372).

But there are many well-documented cases throughout the country where public urination can quickly turn into a sex crime in Los Angeles. One minute a person can be urinating in public, thinking they'll face a minor misdemeanor and the next minute, a child sees what's happening and the person faces a felony charge of indecent exposure or lewd conduct.

All of a sudden, a minor act, possibly fueled by alcohol, turns into a felony charge. And there are cases where a conviction of this type of crime leads to a person having to register as a sex offender, telling law enforcement where they live, having their name and photo put in the U.S. Department of Justice's Sex Offender Registry. and other absurd penalties.

Sex crimes penalties are much tougher than misdemeanor charges. People face years in prison, hefty fines and fees, possibly years of probation, electronic monitoring, restrictions on where they can live and other sanctions. Not to mention to stigma associated with being a registered sex offender.

So, while public urination should be treated as a misdemeanor, it can spiral out of control if a zealous police officer or prosecutor gets the case. This is all proof of why you need a criminal defense lawyer who has years of experience with these types of cases, who knows the law and the criminal justice system and will go the extra mile in your defense.

Defendants have a right to a fair trial and for the state to prove beyond reasonable doubt that the charges they have brought against a person are 100 percent accurate. That is a great burden and it requires an advocate standing by a defendant's side all the way to hold them to that standard.

Continue reading "Cal State Northridge Professor Charged in Public Urination Case" »

The Associated Press recently reported that an appeals court refused to consider an appeal by music producer Phil Spector, saying there was overwhelming evidence of his guilt.

Los Angeles Criminal Defense Lawyer Blog recently commented on the case, noting that a defendant's first appeal is the most critical. And a criminal appeal in Los Angeles requires the skilled work of Los Angeles Criminal Defense Lawyers.

In the brief, two-page order, the Second District Court of Appeal blamed Spector's lawyers for not sufficiently briefing the point, saying they have no obligation to consider it, The Associated Press reports. Spector, a rock music producer, was convicted in 2009 of killing actress Lana Clarkson at his mansion in 2003. His first trial ended in a mistrial and he was convicted by his second jury. He is serving a 19-year prison sentenced and is currently housed at the California Substance Abuse Treatment Facility and State Prison in Corcoran.

In May, the same court affirmed Spector's conviction in an 81-page decision, rejecting a number of claims. But the current claim was that the trial judge shouldn't have allowed the prosecution to use photos of him during closing arguments as if he was a witness. The judge also let the state show a video of the judge explaining testimony by a witness about forensic evidence at a hearing outside the jury's presence. Spector's attorneys have said they plan to appeal to the California Supreme Court.

A defendant's first appeal is critical because it addresses errors made by the trial judge, wrong use of the law, whether certain evidence should have been introduced and shown to the jury and if statements made to jurors violated the defendant's rights.

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. An inexperienced attorney may miss some errors and therefore cost the defendant justice. In California, you must appeal a conviction within 60 days.

The purpose of a criminal appeal is to right the wrongs that happened at or before trial. Appeals can also attack whether the sentence imposed by the judge is legal. It allows defendants a second chance at justice.

While many people may think that appeals are only useful to people who have been wrongly convicted because they are innocent, every case can be appealed. Judges may say things in front of the jury that are so damaging to a defendant, he or she should get a new trial. Overzealous prosecutors may break the law in trying so hard to secure a conviction that they unfairly prejudice the defendant and violate rights in the process.

Every defendant has a right to a fair trial and when that doesn't happen, the complex appeals process kicks into gear. It can take extensive time to complete an appeal, but the process is necessary to ensure the criminal justice system works correctly.

Continue reading "Another Phil Spector Appeal Denied; Los Angeles Criminal Appeals Lawyers Needed for Complex Area of Law " »

A recent case out of Washington State decided by the United States Court of Appeals for the Ninth Circuit -- Ocampo v. Vail -- granted a murder defendant's appeal because his trial judge allowed detectives to testify about what witnesses who didn't testify told them.

The 2003 case, while long ago, shows why hiring the right Los Angeles Criminal Defense Lawyers is critical. Everyone makes mistakes and judges aren't immune. That's why the criminal justice system has built-in checks and balances like defense attorneys and appeals courts all the way to the United States Supreme Court. California murder cases require the most scrutiny because while someone has lost their life, another's liberty is at stake.

This case is based on a 2003 homicide in Tacoma, Washington. According to the opinion rendered by the regional appeals court, which also governs California, a man was shot in the head sitting in his car outside a pool hall. According to testimony at trial, members of a Hispanic gang frequented the area, but the issue at trial was whether the defendant was at the pool hall; he insisted he wasn't.

Witnesses testified that Ocampo, the accused shooter, and other men planned on stealing a car that was parked outside the pool hall. When a co-defendant asked the victim for bus money, the victim started to drive off; that's when Ocampo fatally shot him, the court's decision states.

But the issue of his appeal comes to witness testimony at trial. According to the court decision, one of the men was reluctant to provide information to police, fearing gang retaliation. Another witness who had previously talked with police returned with his family to Mexico and wasn't available at trial.

That witness was allegedly in a van that transported the defendant to the pool hall that night and while he didn't personally testify, a detective was allowed to tell a jury that his statements helped them eliminate other potential suspects. But the biggest issues is that the witness, according to detectives, identified Ocampo as being present. And all defendants have a right to confront their witnesses with cross-examination. Because the witness was not available, prosecutors were unfairly able to introduce testimony for which the defendant had no avenue to contest.

According to the federal appellate court, the Washington Court of Appeals erred in allowing the testimony, which "bolstered the state's weak case against Ocampo" and "flatly contradicted Ocampo's alibi defense." The court granted his appeal unless the state decides to re-try the defendant without that portion of testimony entering his trial.

In other words, he could very well be set free.

It's obvious that appellate issues can be complex, which is why hiring an aggressive and experienced criminal defense lawyer in Los Angeles is important. Often, appeals take years to complete and extensive research and work must go into preparing them. Ultimately, it is dedication and knowledge of law that California Criminal Appeals Lawyers use to preserve defendant's rights in the criminal justice system.

Continue reading "Ocampo V. Vail Shows Why Los Angeles Appeals Attorney So Crucial" »

A 25-year-old man was recently arrested and charged with hiding a camera in the women's restroom of a Glendora Starbucks, The Los Angeles Times reports.

What this case ventures into voyeurism and areas of the law dealing with sex crimes, many times there is a need for protection from civil harassment in Los Angeles, which can sometimes be accomplished through restraining orders.

Los Angeles Criminal Defense Lawyers understand how frightening it can be to have someone constantly hounding you, which is why we are able to help you by using the law to your advantage. If you find yourself in a similar situation, call today. We have represented people on both sides of stalking cases; domestic violence is another area where civil protection orders often come into play.

In the Starbucks case, the man is accused of stalking a 21-year-old student for several days, breaking into her apartment and stealing her underwear. He is charged with placing a camera disguised as a plastic coat hook affixed to a wall directly across from a toilet. After confiscating the man's laptop, police believe there to be at least 45 female victims.

In a recent case of celebrity stalking, Lindsay Lohan won a two-year restraining order against a man who has allegedly peppered her with unwanted attention since 2009, The Los Angeles Times reports. According to the story, the man visited her house, leaving chocolates and articles about her with his name written on them. He has also shown up to her public appearances.

Sometimes, people accused of stalking have mental illnesses and aren't taking medication that can properly balance their psychological makeup. Sometimes, still, stalkers are exes who can't cope with the sting of rejection.

But neither of these excuse scary and potentially illegal activity. California Penal Code 646.9(a) says that stalking is willfully, maliciously and repeatedly follows or harasses another person or making a credible threat.

But with the advent of the Internet and its availability to most Americans, cyberstalking in Los Angeles is also a problem. This means using electronic means to harass and threaten people. This could mean constant instant messages, posts on social media web sites such as Facebook and Twitter or constant calls and e-mails.

Stalking in California is usually charged as a misdemeanor for a first-time offender, but that can be pushed to a felony punishable by three years in prison, depending on the circumstances.

In stalking cases or cases of domestic violence and harassment, restraining orders can be helpful to settling down a potentially explosive situation. In California, there are four types of restraining orders that a judge can sign into effect:

• Emergency Protective Order: Issued by law enforcement and effective for five days
• Domestic Violence Temporary Restraining Order: It's temporary for three weeks and can be made permanent for 1 to 3 years
• Criminal Protective Order: This restraining order is ordered through the District Attorney's Office and is issued in active domestic violence cases. It is also called a no-contact order
• Civil Harassment Restraining Order: This is used to stop harassment by neighbors, co-workers, roommates and others who may be bothering you as referenced above

Continue reading "Starbucks Hidden Camera Case Shows Need For Los Angeles Restraining Orders" »

A recent massive 51-person federal indictment was handed down against members of the Azusa 13 street gang, alleging harassment and violence against African Americans, The Los Angeles Times reports.

As in many crimes where money, property or something of value was purchased with proceeds from the crime, prosecutors could attempt to go after the defendant after a conviction in what's called a forfeiture proceeding in Los Angeles. These are often separate, civil filings that require a tough Los Angeles Criminal Defense Attorney to fend off the state. Because they are often separate, defending your rights to your property requires a separate defense action.

Many times, forfeitures and seizures of property happen if you haven't even been charged with a crime. Police can take your house, car, cash and boat and can keep it as long as they want, unless you file a claim to get it back.

In the Azusa 13 case, news reports indicate the harassment and violence against blacks was designed to monopolize drug sales in the city as directed by leaders of the Mexican Mafia prison gang. Among other charges, the 24-count indictment includes allegations under RICO, the Racketeering Influenced and Corrupt Organization Act.

RICO charges were originally used to prosecute those involved in organized crime, but have been used more recently in gang-related cases and white-collar crime. It gives prosecutors the ability to prove guilt by association, but it also opens up the possibility of forfeiture proceedings.

A RICO case in Los Angeles was detailed in a posting by Los Angeles Criminal Defense Lawyer Blog when dozens of gang members were arrested in connection with crimes related to murder, drug trafficking and racketeering in February.

Under California law and federal law, prosecutors have leeway to try to prove that anything purchased was a derivative of racketeering. For instance, if someone is charged with racketeering as part of a business and bought a home, a house, a boat and other property, the government can attempt to take all of it away if they can prove to a judge it was purchased with ill-gotten funds.

And while a family member may have bought the property with their own money, it could get swept up in a forfeiture proceeding. That's why hiring an experienced Los Angeles federal crimes lawyer can help you not only defend the original charge, but also the forfeiture the government may come at you with next.

Both California law and federal law is very complex and far-reaching in this area. Both contain dozens of examples of types of property that may be seized, what the exceptions are and the time limits for which a person can try to defend themselves. Hiring forensic accountants could be critical to proving whether ill-gotten funds were used to buy the possessions the government wants to take from you. But this can't be done alone.

Continue reading "51 Los Angeles Gang Member Indictment For Racketeering Could Lead to Forfeiture Proceeding" »

The recent case of a Pennsylvania man whose gun charges sentence was reduced by nearly four years because of a smart appellate attorney shows the importance of who you hire.

Los Angeles Criminal Defense Attorneys are committed to all aspects of your case, from the trial to the appeal. Everyone has a Constitutional right to have adequate representation at all stages of a case, including appeals in California. Gun charges can be charged by state or federal authorities and can put someone away for decades, depending on the severity of the charges and the person's criminal history.

In USA v. William West, the Pennsylvania man faced two separate gun possession charges in 2007. In one case, he was pulled over while driving and inside his vehicle police found a .45-caliber handgun in the glove compartment with cash and marijuana and a .38-caliber handgun in a backpack in the trunk. He was arrested.

Five months later, a local fire marshal doing a fire code inspection spotted a handgun in the man's apartment and alerted police. Police found that the gun had been reported stolen and the man was again arrested.

A federal grand jury then indicted the man on charges of possession of a firearm by a convicted felon and possession with intent to distribute marijuana. He pleaded not guilty, but federal prosecutors later filed against him a charge of receipt and possession of a stolen firearm, to which he pleaded guilty. In doing so, he admitted to possessing the .38-caliber gun found in the trunk only.

After a pre-sentence report was concluded by the probation department, the man's defense attorney objected to a four-level enhancement of his sentence for possessing a firearm "in connection with" another felony offense. In this case, it meant he possessed the gun, which was in the trunk of his car, "in connection with" the possession of marijuana in his glove compartment.

His trial judge denied the objection and sentenced the man to 120 months in prison. But on appeal, the Third Circuit Court of Appeals overruled the trial judge and said his sentence shouldn't have been increased by nearly four years based on the enhancement applied during sentencing.

What all of this shows is the importance of having a strong trial attorney and a strong appellate attorney in any criminal case. If the trial attorney hadn't raised the objection at the time of sentencing, it may not have been preserved for the appellate attorney to pursue. And had a lazy appellate attorney not seen the problem and pushed for another review by a different court, it's possible the man would have spent 10 years in prison.

Whether federal law or California law, appeals are complex and require an attorney who has years of experience handling specialized appeal filings.

Continue reading "Los Angeles Appeals Lawyer: USA v. William West looks at Constitutional Rights in Criminal Cases" »

Recent news of two Riverside men being charged with animal cruelty for allegedly abandoning a horse comes on the heels of a restaurant owner not being charged with animal cruelty for painting a donkey and leaving it outside in 90 degree heat.

The cases show the disparity between who is charged and who isn't charged with animal cruelty and neglect. But regardless, these charges are serious and should be treated accordingly. Hiring a Los Angeles Animal Cruelty Attorney if charged would be the first move to make.

The Los Angeles Times reports that the two men were charged with felony suspicion of animal cruelty for allegedly walking a bruised and starving horse to a Riverside field and leaving it there. The horse makes more than 40 abandoned horses that have been recovered this year.

At the same time, NBC News reports that the Pink Taco restaurant in Century City has come under fire and drawn protests for painting a donkey pink and leaving it outside in 90 degree heat during a Cinco De Mayo promotion.

Meanwhile, lawmakers have moved closer to passing into law a bill that makes penalties for animal abuse and neglect more streamlined and bans street vendor animal sales, the San Francisco Chronicle says. The bill awaits approval by the California State Assembly.

As you can see, animal cruelty is a hot-button topic and likely will be forever. But while authorities sometimes make legitimate arrests, they also can arrest someone who doesn't intend to harm an animal at all. Animal cruelty in Los Angeles and elsewhere in California is serious and can be punished by up to a $20,000 fine and anywhere from one to three years in custody. That type of penalty can ruin careers, families and reputations. So, the charges should be fought aggressively.

Keep in mind that animal cruelty charges can and should be defended like any other type of criminal charge. For instance, self defense is applicable in animal cruelty cases. If you, a loved one or even your pet may be attacked by an animal you feel could do harm or cause death, you can use force to defend yourself.

Accidental deaths, like if a pet runs away and gets hit by a vehicle, happen all the time. And, unfortunately, there are cases of mistaken identity that ensnare people in the criminal justice system. Sometimes people try to tarnish someone's name to get revenge by making accusations of animal cruelty or neglect. Even though they're innocent of any crimes, they can be charged based on someone else's word.

But the first step anyone charged with animal cruelty should take is contacting an attorney that has experience in these types of cases. Don't speak with authority figures about the case. Pick up the phone and call an attorney.

Continue reading "Los Angeles Animal Cruelty Cases Spark Outrage, Carry Tough Penalties" »