Los Angeles Criminal Defense Lawyer Blog

The Sixth Amendment to the United States Constitution guarantees a fair trial. One way to accomplish this is by keeping unfairly prejudicial evidence away from the jury. But what happens when every potential juror is bombarded with negative media coverage about a defendant before the trial begins?

Pretrial publicity about a case can quickly become unfairly prejudicial. It can become nearly impossible for any potential juror to avoid it; and once exposed, it is hard not to make decisions about a defendant's guilt. Unfortunately, Christian Gerhartsreiter, aka Clark Rockefeller, Christopher Chichester (and various other aliases), is making headlines again. However, this time it is not for his 2009 kidnapping conviction, but because he has been charged with murder in California.

People tie the name Clark Rockefeller to his highly publicized parental kidnapping case in Massachusetts in 2009. During that case, the media had a field day with him due to his gift for convincing wealthy, well-connected people that he belongs among their ranks; even though he grew up in an undistinguished middle class family in Germany. His story is so compelling that he is the subject of a recently published book entitled The Man in the Rockefeller Suit: The Astonishing Rise and Spectacular Fall of a Serial Imposter. This book contains detailed interviews with over 200 people, whose unfavorable opinions of Rockefeller clearly cast him as a liar, a cheat and an impostor. There is no doubt that many of these interviews will be used as evidence against Rockefeller in his upcoming trial. But none of this proves he is a murderer! ABSOLUTELY NOT!

As if this new book weren't enough, there is also an unflattering television movie about him called, "Who Is Clark Rockefeller," which is available on DVD and a lengthy Wikipedia entry on him that describes every detail of his life. In other words, the negative material on Rockefeller is difficult to avoid.

There is no doubt that the pretrial publicity will be harmful to Rockefeller's case. Why? All of this existing information, which may be incorrect and/or could never be presented to a jury, has essentially been provided to potential jurors. For example, much of the pretrial publicity is hearsay and would be inadmissible in court. Additionally, potential jurors are going to be exposed to "experts" in newspapers and television who will all have opinions about Rockefeller's alleged guilt. If potential jurors miss the newspaper and television coverage, they will be exposed to discussions of the upcoming trial on blogs, internet chat rooms, Twitter, Facebook (after all, there are numerous "I Hate Casey Anthony" pages, which among them boast close to 5000 "Like" votes) and radio talk shows. By the time of the trial, there will be plenty of potential jurors who will have already decided Rockefeller is guilty.

With all of this pre-trial publicity, can Rockefeller even get a fair trial? Of course, there will be some people in the jury pool who have never heard of Rockefeller. But it's more likely than not that these people will have avoided pretrial coverage of this murder trial because they are uninformed or possibly even illiterate. A jury of this sort of unbiased jurors would certainly not represent a fair cross-section of the community in which the trial is taking place - a right that is also guaranteed by the 6th Amendment to the United States Constitution.

It remains to be seen whether the various protections available to defendants in high profile cases (e.g., directions by the judge, gag orders, venue changes, trial delays) will be able to reverse the damage of extensive pretrial coverage in the Rockefeller case. It is clear, however, that everything possible must be done to ensure that the jurors are not further exposed to tainted evidence during the trial and deliberations.

The California Attorney General has sued a group of lawyers who are accused of fraudulently taking millions of dollars from thousands of homeowners who were allegedly promised they would get help on their bad home loans, the Los Angeles Times is reporting.

Fraud in Los Angeles is is generally defined as lying or concealing information in order to get money from someone or from a company or entity. But sometimes actions are seen as a crime by law enforcement when honest mistakes are made or bad advice is given.

In cases where fraud is alleged, an experienced Los Angeles Criminal Defense Attorney must be hired. Charges stemming from allegations of fraud not only can result in long prison terms, but also the possibility of having to pay back money, if convicted.

In this particular case, it appears criminal charges haven't been filed, but rather the state decided to sue law firms, lawyers and 14 others who were allegedly involved in the scam. The state accuses the group of working to defraud homeowners across the country by marketing "mass joinder" lawsuits, with hundreds or more individually named plaintiffs. The state alleges the marketing was done in a deceptive manner.

Attorney General Kamala D. Harris told the news media she is seeking "fines, penalties, damages and restitution in potentially the tens of millions of dollars."

The lawyers' assets have been frozen as this is the first act of a task force that was designed in May to combat mortgage fraud.

A Fox News story adds some details, including that the firms urged homeowners in California and in 17 other states to pay $4,000 to $10,000 to join a class-action lawsuit against lenders, but the cases were actually treated separately.

If clients called for information, sometimes their calls weren't returned and they got little help, the news reports. HUD offers similar legal services for free. The clients were also allegedly promised relief from their lenders, new interest rates as low as 2 percent and also possibly financial damages awarded.

While homeowners need to be careful when selecting legal help, it's a bit disconcerting that the first action of the mortgage fraud task force is a crackdown on defense lawyers.

Everyone knows that the real estate market has been hard hit by the economy and many people are struggling with foreclosure right now. Missing mortgage payments can lead to people losing their houses and being kicked to the curb. For that reason, people are desperate to stay in their homes and look to too-good-to-be-true means to make it happen.

Of course, there's another side to that story. Investment opportunities make promises, but they're not guarantees. No one can guarantee a lawsuit will be successful or an investment opportunity will net big profits. But when things go south, a person is always looking for someone to blame.

If criminal charges are brought by the state and a person is convicted, they not only can face years in prison, but also could face forfeiture proceedings in Los Angeles. That means that if a person purchased a vehicle or a house in the time that they allegedly committed the crime, the state can attempt to get that property and money back. A person may also be forced to pay restitution, which is paying back money that was allegedly stolen from investors or victims.

There's a lot on the line in fraud cases and therefore they must be defended diligently and with the help of an experienced Los Angeles Criminal Defense Lawyer.

Continue reading "California Authorities Shut Down Los Angeles Foreclosure Scam" »

A large-scale prescription drug ring running from the United States into Mexico and back resulted in 15 arrests, including an Inglewood doctor, the Associated Press reports.

Prescription drug crimes in Los Angeles and nationwide have spiked lately as the high cost of medical care coupled with the tendency of people to abuse these drugs has resulted in more and more legal issues. But not everyone charged in these cases is guilty and therefore an experienced Los Angeles Drug Defense Attorney must be consulted in order to defend against these allegations.

In this case, U.S. border inspectors made arrests of the doctor and 14 others who now face charges of conspiracy to smuggle prescription drugs from California to Mexico, the wire service is reporting.

The operation allegedly sent opiates to Tijuana pharmacies in exchange for bundles of cash that were brought back into the country. American addicts then bought the over-the-counter pills in Mexico and took them home.

Law enforcement speculates that it was easier for the pill smugglers to deal large batches of pills at Mexican pharmacies -- which typically have loose regulations -- than to deal them on the streets in America. Officials believe smugglers would buy pills for $2 each in the United States, sell them in Mexico for $3.50 and the same pill would then be sold to an American addict for $6.

The 71-year-old doctor who has been arrested allegedly wrote prescriptions for 920,000 hydrocodone pills. Other than writing prescriptions, the article doesn't specify how the doctor was connected to the alleged smuggling operation.

Smugglers would allegedly strap pills to engine compartments and to their bodies while crossing into Mexico, usually at the Tijuana-San Diego San Ysidro crossing. Some Americans were arrested when they were caught with tens of thousands of dollars coming back into the country.

In California, drug crimes can vary by the amount, where the drugs are being sold and whether or not a person is manufacturing the drugs, among other factors. The penalties can range from a misdemeanor, which can only lead to a few months in jail all the way to major felony charges, which are punishable by years in prison.

With marijuana legal for medical use in California, authorities have spent a lot of time focusing on the enforcement of those who grow and distribute that drug without a prescription. But law enforcement has also attempted to crack down on harder drugs, such as cocaine, crack cocaine, heroin and hardcore prescription drugs, such as the ones that were allegedly a part of this operation.

In any drug case, possession is a key element the state must prove. And if drugs are found in a common area, such as a house or apartment or vehicle, everyone starts pointing fingers. This leads to reasonable doubt, which can lead to a not guilty verdict.

I defendant facing certain drug charges may be eligible to enroll in the Los Angeles Deferred Entry of Judgement program. This drug diversion program allows for people to avoid jail or prison time and as an alternative get drug treatment, counseling, drug testing and other measures to help them improve their lives. An experienced Los Angeles Criminal Defense Attorney can lobby on behalf of the defendant to get this option rather than incarceration and a mark on your criminal record.

Continue reading "Prescription Drug Sting Nets 15 Arrests, Including L.A. Doctor" »

The Associated Press recently reported that convicted murderer Phil Spector's appeal before the California Supreme Court has been denied.

The Los Angeles Criminal Defense Lawyer Blog reported in May how an appeals court also rejected his efforts to have the case re-heard. The latest blow came from the state's highest court.

Appeals in Los Angeles are a critical part of the criminal justice system in California because they are an avenue for the innocent to get justice. Appeals also act as a check and balance of the system. Hiring an experienced Los Angeles Criminal Appeals Attorney to handle these matters is important. Don't simply serve time unjustly without the aid of an attorney who has spent decades handling these matters.

According to the article, Spector's attorneys argued that his judge prejudiced the trial by allowing state prosecutors to use pictures of him in closing arguments as if he were a witness in the case.

They also accused the judge of allowing jurors to watch a tape of him explaining testimony by a witness about forensic evidence at a hearing that was conducted outside of the jury's presence. Attorneys argued that by allowing jurors to watch the video and see pictures, the judge became a witness and no longer a neutral figure in the case.

In May, the 2nd District Court of Appeal upheld his conviction in an 81-page decision. A panel of judges rejected a number of claims the attorneys made, including that the victim committed suicide.

Spector was convicted in 2009 of killing actress Lana Clarkson by shooting her to death at his Alhambra mansion in 2003. He was sentenced to 19 years to life after being convicted of second-degree murder in California. His second trial ended in a conviction, while the first jury was hung.

In California, an appeal isn't just for people who are truly innocent -- every case can be, and should be, appealed. That's because while the person may have committed the crime, trial errors, either by the judge, state, witnesses or even defense attorneys can be grounds for a new trial.

The appeals process is complex, but it is designed to right the wrongs made during the trial. That's what appellate court judges are typically the most experienced and have ruled over a variety of issues. The decisions they make typically lead to setting the standards for all similar cases.

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

In Spector's case, he has been convicted for more than two years and the process still hasn't ended. Defendants and their families must be patient because many thousands of cases are appealed and take time to get through the slow-moving criminal justice system.

Continue reading "California Supreme Court Denies Phil Spector Appeal" »

A 23-year-old Los Angeles man was arrested in Tehama, in Northern California, the Daily News reports.

Drug crimes in Los Angeles can range from minor possession cases to major trafficking and selling cases. And the severity of the charges increases with the weight or amount of drug that a person is caught possessing.

Drug cases may seem minor to some people, but they can lead to serious prison terms if not handled correctly. Consulting with an experienced Los Angeles Criminal Defense Attorney is key to ensuring a defendant's rights are protected and all aspects of their case are challenged.

In this case, the 23-year-old man was driving in a blue 2004 Toyota Camry when he was pulled over by sheriff's deputies. They allegedly pulled him over because he didn't have a front license plate. After running his name through state databases, he was arrested on a charge of driving with a suspended license.

Before having the vehicle towed, deputies did a search of the vehicle and came upon four duffel bags. Three contained 58 one-pound bags of marijuana, the law enforcement officials told the newspaper. The other bag had two vacuum seal machines and baggies.

The man allegedly told deputies that he had used his life savings to buy the illegal drug and that he planned to use it for himself and not to sell. Regardless, he was booked on charges of transportation of marijuana for sale, possession of marijuana for sale and driving on a suspended license, the newspaper reports.

Possession of marijuana in some cases has been reduced to an infraction. But possession for sale remains a very serious criminal offense.

But if the amount is more than 28.5 grams, it is considered a felony punishable by 2 to 4 years in a state prison. The tricky thing in these types of situations is that police may make a determination that a person is trying to sell the marijuana without any proof except for the amount they have seized. In this case, the suspect allegedly told police he had no intention to sell it. Investigators may have determined he was attempting to sell it based on the equipment and quantity alone.

But it's also possible that police could seek a forfeiture of a vehicle, house or anything they can convince a judge was used in connection with the drug operation they are alleging against the defendant. That means a person can lose their property.

Defending the distinction between personal use and intention to sell is an important one under California law and must be attacked by an experienced Los Angeles Criminal Defense Attorney.

Continue reading "Los Angeles Man Charged With Having 60 Pounds of Marijuana" »

The U.S. 9th Circuit Court of Appeals in Pasadena recently heard argument that trial lawyers should be barred from dismissing potential jurors based on their sexual orientation, the Los Angeles Times reports.

The Los Angeles appeal was based on an assault conviction of a Nigerian-born gay inmate at the federal lockup in Los Angeles. This discrimination issue and others was brought up on appeal after the man was convicted. The case brings up an interesting legal issue and shows the importance of a diligent Los Angeles Appellate Attorney, whose job it is to review all aspects of a case to determine where a defendant's rights were trampled by a judge, prosecutor or even trial attorney.

In this case, the man's attorneys argued before the appeals court that a prosecutor's decision to strike a lesbian from the jury may be unconstitutional. The attorneys argued gays and lesbians should be added to the class of citizens considered vulnerable to discrimination and given better protection of rights.

The man's criminal case was based on the defense that he gave a man a hug, a salutary gesture in his African home, and that the homophobic man overreacted, lunging away and falling. The government argued to the appeals court that the prosecutor's reason for removing the lesbian juror was that she told the court she had close Nigerian friends.

A U.S. Supreme Court ruling decades ago bans removing jurors based on their race and attorneys who want a minority removed from a case must give a race-neutral reason that a judge must OK. Later court rulings have added gender and religion to protected categories. It may be at least a month before the appeals court makes its decision.

This case and others like it highlight the importance of a good criminal appeals attorney. In this particular case, no one knows whether having a lesbian juror would have helped a gay defendant, but the fact that she was dismissed could be a problem.

The best case scenario for this defendant is his conviction is overturned and he may get a new trial, requiring prosecutors to prove the case all over again. While the court may not give him a new trial, the judges panel may decide that people can't be dismissed solely because of their sexual orientation, like gender, religion and race.

Appeals are needed to make change and it's another form of accountability in our criminal justice system. Reviewing all that happens during a trial can reveal some mistakes that must be corrected and sometimes that means a defendant getting a new trial. Sometimes, that can mean the conviction is overturned and the charges are dropped altogether. But it's not a simple process and it takes time and effort.

In California, an appeal starts when a notice of appeal is filed. And it must be filed within 60 days. While some people believe appeals are only for the wrongly convicted, every case is available to appeal. The point is to determine if a defendant's rights were violated by a judge, prosecutor or even the improper work of a defense attorney.

Continue reading "In Los Angeles Appeal, Attorneys Argue Jurors Can't Be Dismissed For Being Gay" »

The Los Angeles Times recently reported that police have arrested a man in Ohio and charged him with a 1978 homicide.

Some people consider Murder charges in Los Angeles some of the most cut-and-dried cases. If police make an arrest, people tend to trust them and believe the person is guilty. Luckily, that's not how our criminal justice system works. An arrest means very little and prosecutors must be held to the standard of proving the case beyond all reasonable doubt.

And that's where a Los Angeles Criminal Defense Attorney comes into play in order to protect the rights of the accused.

In this case, the 62-year-old man was arrested in Delaware, Ohio recently. A Los Angeles warrant issued for his arrest was served and he was taken into custody, the newspaper reports. The man is expected to face a judge in Ohio to determine whether he will be extradited to Los Angeles.

According to the Times, the man is now unemployed, but is a former carnival worker. He is suspected in the April 10, 1978 killing of a 52-year-old man who was a comptroller for a company in Santa Monica. A friend discovered the victim stabbed to death inside his home, but the case went cold, despite a $5,000 reward.

The defendant, who is originally from Virginia, has been living in Ohio since the mid 1990s and worked for carnivals in several states. The cold case was re-investigated in 2010 and police say scientific testing connected the defendant to the case.

Detectives say documentation shows the defendant had been in Los Angeles in 1969; and they believe evidence showed he had been in the victim's house at the time of the slaying. The report doesn't state the specific evidence detectives will rely on for proof of the crime.

Cold cases, especially those involving murders from years or decades ago, can be some of the toughest for law enforcement to prove. In many of these cases, witnesses forget key details of what they saw or as time passes, they change their story about what they saw and the seemingly less important facts fade away. Or, witnesses simply die or move away and are unavailable to law enforcement.

Because DNA is a relatively new form of evidence for police and detectives, it is sometimes applied to older cases, as it apparently was in this case, in an effort to solve crimes. But while some consider DNA fool-proof, it isn't.

Unlike TV dramas about murder, DNA results don't come back after 30 minutes in a computer saying it's a 100 percent match to the suspect. It's much more complicated and can be defended by improper testing or transport of evidence and even the results themselves come back in a format that can sometimes be interpreted as not linking the suspect to the crime.

Just like anyone else, the police do make mistakes. So do prosecutors. But only an experienced and diligent Los Angeles Criminal Defense Attorney can point out these mistakes and use them to ensure a fair trial for the defendant.

Continue reading "Former Carnival Worker Charged with 1978 Los Angeles Murder" »

ABC News recently reported about a local advertising salesman who was arrested and charged with embezzling $140,000 from the Korean Times.

Embezzlement in Los Angeles is defined simply as stealing from your employer. Theft charges can range from shoplifting to robbery and the penalties can range from jail time and probation to serious prison time. That's why a Los Angeles Criminal Defense Attorney with years of handling a variety of criminal cases is important.

According to the news story, the 52-year-old man from Fullerton worked at the newspaper for more than 20 years. When he sold advertising to local businesses, he had them make checks out to him personally.

According to the news report, the man confessed to the embezzlement, saying he had hoped to help his wife's failing business. He is being held on charges of suspicion of grand theft and embezzlement.

Under California law, embezzlement charges can vary. In most cases, first offenses where the value stolen is less than $400 can be punishable by fines, community service, restitution and three years of informal probation.

But a second offense can be charged as felony theft and can be punishable by up to a year in jail or even up to three years in state prison. If the goods stolen are more than $400, it can be a grand theft offense and can be charged as a felony or misdemeanor. Grand theft in California can be punishable by at least 16 months in state prison, probation or parole, restitution, counseling and fines.

There are many defenses to these types of charges, but they often depend heavily on the facts of the specific case. Witness accounts can often be flawed and showing that money was stolen and transferred can sometimes be difficult.

But on top of possible time of incarceration, suspects facing these types of white collar crimes also find themselves dealing with the issue of restitution. Restitution in the criminal justice system is money paid back in theft cases. An experienced attorney can dispute how much money the state can prove was actually stolen, in order to reduce possible restitution amounts. If a person is sent to prison, it's usually difficult for them to pay back the money, especially after they lose their job.

But still, prosecutors will seek as much prison time for the defendant as possible, which is the first obstacle for an experienced Los Angeles Criminal Defense Attorney. Coming up with an aggressive defense strategy can keep the client out of prison. An acquittal, or not guilty at trial, is the the first priority.

But often, if the facts permit, seeking a beneficial plea agreement that reduces prison time and includes a less-serious charge on the person's criminal history record, is the best option. This may include probation instead of prison, which may be beneficial to the client. An aggressive attorney will handle all these issues and seek the best resolution for their client.

Continue reading "Fullerton Man Charged With Embezzling From Newspaper" »

The alleged "Grim Sleeper," a 57-year-old man from South Los Angeles, will face the death penalty if convicted of killing 10 women and possibly eight others, stemming back to the early 1980s, the Los Angeles Times reports.

It goes without saying that murder is the most serious charge that a person can face in our criminal justice system. Murder in Los Angeles can send a person to prison for decades or life or, in the worst-case scenario, can result in the death penalty. That's why hiring a Los Angeles Criminal Defense Attorney with years of experience handling murder cases is necessary.

In this case, the man was arrested last July and is charged with killing 10 women and attempted murder in the case of a woman who allegedly survived his attack. This spring, investigators said he may have killed an additional eight women, including three whose photos and identification cards were found in a refrigerator in the man's garage.

The man's alleged victims range in age from 15 to 35. He got the name from the media because of what appeared to be a period of inactivity separating the killings -- 13 years. Police were skeptical of the long break and now believe he was involved in two of the other eight killings that happened during the 13-year period.

According to the article, no physical evidence implicates Franklin related to the eight women. Investigators allegedly found photographs of other women throughout his house, which he shared with his wife, who refused to speak to police. But police also found photos of other women in the refrigerator.

He was a garbage collector for the Los Angeles Department of Sanitation during the years the first seven killings occurred from 1985 to 1988. The other three happened between 2002 and 2007, the Times reports.

While the case has generated media attention and buzz in the community because of the media-designated name for the suspect, it appears police have little evidence other than pictures of and identification cards of victims in a refrigerator inside his house. In cases like this, police and prosecutors must be very sure of the evidence before bringing charges and certainly before seeking the death penalty.

While the media often doesn't have the whole story, it appears at this juncture that the evidence against the man is circumstantial at best. It would be wise for any defendant, but especially one facing a murder charge, not to speak with police. They are able to lie, say they have evidence they don't actually have and otherwise trick defendants into confessing, which is the detective's only goal.

Immediately consulting with an experienced Los Angeles Criminal Defense Attorney should be the suspect's first step, as to ensure all rights are protected throughout the process. Don't simply waive your rights for the police. They aren't your friends when you're a suspect. Planning a defense starts on Day One and lasts throughout the case. Fight aggressively and make sure to hold the state accountable and force them to prove all charges beyond all reasonable doubt.

Continue reading "'Grim Sleeper' Facing Death Penalty in Alleged Serial Murder Case" »