Los Angeles Criminal Defense Lawyer Blog

A recent Los Angeles Times article lays out charges filed against 14 people, including an elderly doctor, who allegedly participated in an illegal OxyContin insurance fraud scam.

"Pill mills" and other prescription drug-based crimes are on the rise in the United States as law enforcement has changed its focus from heroin and cocaine level drugs to prescription drugs as buyers and sellers change their preference.

But in the past, the only people charged in drug crimes in Los Angeles were the buyers and sellers and maybe a few distributors.

Today, more and more people are getting wrapped up in Los Angeles insurance fraud cases alleging that they, doctors, pharmacists and others were involved in schemes to not only illegally sell prescription drugs, but to defraud insurance companies at the same time. Los Angeles insurance fraud defense lawyers must be consulted if a situation like this arises.

According to the Times, a two-year investigation revealed that more than a dozen people allegedly participated in the scheme, largely based on insurance fraud.

A federal indictment alleges doctors wrote prescriptions for the painkiller to uninsured patients who didn't need it. The conspirators also got pills from pharmacies by fraudulently billing insurance companies, including the publicly run Medicare.

According to investigators, the pills were resold for $23 to $27 per pill and they sold more than 1 million pills. Identity theft and Medicare beneficiary information theft was also alleged as part of the scam.

Along with clinic operators, two doctors, aged 88 and 73, are accused of participating. Recruiters, pill runners or fake patients are the others accused in connection with the alleged operation. Initially, 10 of the 14 were arrested, while authorities looked for the remaining defendants.

The accused are charged with drug conspiracy or healthcare fraud. One of the clinic operators also is charged with wholesale distribution of OxyContin. The defendants face a maximum of 10 to 40 years in prison.

Insurance fraud is simple in concept, but complex on a case-by-case basis. Insurance fraud in Los Angeles is simply defrauding an insurance company through false pretenses. In situations like these, it means filing claims with insurance companies for drugs that a person doesn't need or setting up claims on behalf of a person whose identity has been stolen.

When drugs are involved, the case can become more complex, because potential drug laws could be broken in the process as well, adding to the possible penalties and attracting more attention from authorities fighting the "War on Drugs."

Insurance fraud in California can be different than federal charges of fraud. The penalties can vary and the elements of the crime are different as well. Being charged in state versus federal court can make a big difference for a defendant in terms of penalties, how the case plays out and how the sentencing is handled.

Continue reading "OxyContin Insurance Fraud Scheme Alleged in Los Angeles" »

Los Angeles police are asking for the public's help in solving a hit-and-run accident that happened recently in South L.A. where a woman was seriously injured, the Los Angeles Times reports.

What many people may not understand is that under California law, a person who causes an accident, especially one where injuries or death are possible, has many obligations when involved in a hit-and-run accident in Los Angeles.

Under the law, a person who causes an accident must leave a note that includes the following information:

-An explanation of the facts
-Full name
-Driver's license number and expiration date
Vehicle Identification Number
- Insurance company, address and policy number

But they also must report the accident to either local police or the California Highway Patrol. If there is a chance there could be an injury, the driver is obligated to offer aide to the victim.

The difficult thing about such a situation is that speaking with police, even to report a fender-bender accident, could include making statements that can be used against you. An admission to facts would be available for the state to use against you in a prosecution.

If the damage is minimal, a person can still face a misdemeanor crime. If there are major injuries or death, you could be looking at facing a felony. An experienced Los Angeles hit-and-run defense lawyer must be hired to ensure the defendant's rights are upheld at every step of the way.

According to the Times, the accident happened around 2:30 a.m. one recent day as the victim drove her 2002 Ford Mustang on McKinley Avenue. Police suspect a 2001 Chevrolet Tahoe hit the Mustang. The Tahoe was traveling westbound on 54th Street.

KABC News reports that police have released the name of the accused driver. But the news report leaves out how police have determined the identification if the alleged suspect.

Hit-and-run accidents in Los Angeles can be difficult for police because there are often no eyewitnesses who can provide credible information. If a victim faces serious injuries, his or her memory could have been disrupted in a crash.

Investigators can sometimes scrape samples of paint from the vehicle they recover or from the ground around the scene to determine the make and model of the other vehicle. But that, in a city the size of Los Angeles, may do them little good.

It usually takes outside witnesses -- such as friends or family of the accused -- to come forward and spot a damaged vehicle or an admission of guilt in the following days or weeks. And when arrested, the suspect faces serious jail or prison time, depending on the injuries sustained by the victim.

But without a witness putting the person in the driver's seat at the time of the accident, these charges can still be difficult to prove. Remember, the state can't simply use assumptions to shore up convictions. They must have reliable proof beyond all reasonable doubt.

Continue reading "Police Searching for South Los Angeles Hit-And-Run Suspect" »

Los Angeles County Sheriff's deputies raided a property north of Lancaster and found 100 roosters, $1 million in methamphetamine and children living in substandard conditions, the Los Angeles Times reports.

The defendants thus far face drug charges only while sheriff's deputies continue their investigation,

Charges of drug possession in Los Angeles can be serious, depending on the type of drug, the alleged conduct of the accused, location of the offense and the quantity of the drug.

There are many factors that go into what kind of penalties a person could face when charged with a drug offense. Because of overcrowded California jails, California's Proposition 36 allows Los Angeles criminal defense lawyers to petition the court to allow a defendant to serve time in a drug treatment program instead of going to jail.

This has been beneficial to many of our clients because they not only avoid jail time and can possibly maintain their job, but they can also get the treatment they may need to get their lives straightened out. Proposition 36 applies to those who have small amounts of drugs on them, typically low-profile drugs unlike heroin or cocaine, and who don't possess weapons or refuse treatment.

This can be a helpful alternative to incarceration not only for the state, which is dealing with unprecedented overcrowding issues, but also defendants, who can put their life together without suffering the consequences of jail.

In this case, deputies obtained a search warrant for a residence in an unincorporated area of the county north of Lancaster after conducting a narcotics investigation.

When deputies served the warrant, they found 100 roosters, which they suspect were involved in cockfighting, $1 million -- or five pounds -- of methamphetamine, and seven children living in dilapidated sheds.

The children, ages 4 to 17, were turned over to child welfare officials. It's unclear what relationship, if any, the children have with the accused. Deputies also found firearms during the raid as well as sparring materials and steroids that they suspect were used for the roosters.

Six adults are now charged with narcotics violations, though authorities haven't released their names. Given the details released by the sheriff's department, it's possible these individuals could end up also facing additional charges related to child abuse and animal abuse in Los Angeles.

As in any case involving a search warrant, the defendants must heavily scrutinize the affidavit prepared to get the search warrant. Investigators must have proven they had good cause to go into the property on more than a "hunch" or a "witch hunt."

And if the information they provided to the judge is false or if they misled the judge into signing for the search warrant, it's possible that the evidence collected could be deemed unusable at trial. That could lead to having the charges dropped or at least downgraded. In a case where drugs, animal abuse and child abuse are all in play, that should be one of the first things considered by a lawyer.

Continue reading "Cockfighting, Drugs, Child Abuse Alleged After Los Angeles Search Warrant Issued" »

The problems just continue for troubled actress Lindsay Lohan.

She was recently jailed for a probation violation in Los Angeles and later kicked out because of overcrowding. Her next assignment, according to the Los Angeles Times, was to volunteer at the county morgue. But, as TMZ.com reports, she showed up 40 minutes late and wasn't allowed inside. This is after she violated probation for not volunteering at a community center as ordered.

All of the issues stem from a 2007 DUI, when she was placed on probation. But many people, like Lohan, don't take probation as serious as they should. Los Angeles criminal defense lawyers have seen many people thankful they avoided jail time and instead were sentenced to probation.

But after a few months when they have made several violations -- either not completing community service hours, not reporting to their probation officer, not making an effort to find a job or stay off drugs and alcohol -- the reality sets in that they could face major penalties.

In California, a person who violates probation can be sentenced to the full term of the charge. For instance, if the possible penalty for a charge is three years in prison and the defendant is sentenced to probation and they violate, they can be be sent to prison for the entire three years.

Lohan was jailed briefly after taking a tongue-lashing from a judge for "blowing off" her court-ordered community service and instead flying around Europe. Her attorney said that the trips were in order to find work so she could support her family.

Because of jail overcrowding, Lohan has never really served much time behind bars. Because felons have been forced to spend time in jails rather than prisons, many non-offenders are being kept out of custody.

The judge also ripped Lohan for saying that working at a woman's shelter wasn't "fulfilling." The judge told her the community service wasn't meant to benefit her, but others.

After being released from custody, she was told to begin serving time at the county morgue, but was turned away there, TMZ reports, because she showed up nearly an hour late.

Because she wasn't required to serve community service hours on the specific day, but only to put in 16 hours by Nov. 2, it won't count as another probation violation. But it may not help her case, either.

For those defendants who get a break like probation over incarceration and still mess up, they can be assured they won't get many more chances. If they, like Lohan, get the option to get back on probation after a clear violation, they should dedicate themselves to not messing up again.

While issues of overcrowding have hamstrung many judges throughout Los Angeles and statewide, they still have the authority to put someone in jail for a probation violation. That's why it shouldn't be taken lightly. And if they continually violate probation, they could end up learning the hard way, by being stuck behind bars for a long time.

Continue reading "Lindsay Lohan Probation Violated; Sent to Jail in Los Angeles" »

The numbers are staggering -- corporations and consumers spend tens of billions of dollars on security and cyber attacks each year, including the amount companies must pay consumers for not protecting their information.

Because nearly anything a consumer could want is available online or by a mobile device, more and more attention is being paid to attacks via the Internet or networks that contain sensitive information.

But what is happening with increasing frequency is that some law enforcement officers -- trained in how to spot a burglary or interrogate a sex-crime suspect for example -- lack the ability to grasp the complex world of Los Angeles computer crimes. Many are not totally up to date on the complexities of online fraud, yet they are tasked with comprehending the intricate nature of computer networks, malware, cyberspying and other commonly used tactics in an investigation for cybercrime.

When they attempt to make an arrest, officers must have shown that the people they are arresting were responsible for the crime. With the detail-oriented world of computer crimes, this isn't so easy.

Cyber criminals hide behind fake names, attached to fake IP addresses and shadow computers. They can install viruses on people's phones and computers that allow them access and make it seem as if that user is committing a crime, when they have no idea they are being used.

This isn't as simple as a burglar being caught in the act or an assault witnessed by a dozen people at a bar. Times are much more sophisticated these days.

Take a recent article from ABC News. In it, the author reports that cyber criminals are using Facebook, mobile phones and other popular tools in order to steal from consumers.

For those who have online "credits," either through websites or their phones, hackers are increasingly able to steal those away through crafty programs. And if people download fake applications to their phones or open e-mails that contain viruses that steal a person's phone number, a hacker can add small amounts of charges to a person's monthly phone bill and get the money.

Many people don't pay close enough attention to their bill to notice or if the amount is small enough, they might not bother with the effort of going through customer service to try to get a refund.

This is how cyber criminals are making their money, but stopping it is a whole different story. But some officers are woefully inadequate in their training and ability to step in and correctly identify a cyber criminal. This is one reason these thieves are "successful."

While no one would support cyber criminals and their efforts, I think every citizen would support police arresting the right criminals and not those who are falsely accused. When dealing with cybercrime, police must be vigilant, but they also must be right. When they aren't, Los Angeles criminal defense lawyers will be standing there fighting back.

Continue reading "Hackers Targeting Facebook, Mobile Phones in Los Angeles Cyber Crimes" »

In the Georgia case of State v. Green, the state Supreme Court ruled that a man who should not have faced murder charges should go free because he was acting in self-defense.

Fighting murder charges in Los Angeles is a big responsibility for any criminal defense lawyer. It takes a high degree of dedication and unique experience. Our Los Angeles criminal defense lawyers have represented many defendants charged with murder and other high-profile crimes.

In many of those cases, a theory of self-defense was presented because that is one of the most solid ways a suspect can have his or her charges dropped. While poking holes in the state's case is one way that must be explored, a person defending himself or herself in is at the top of the list as well.

Many states have adopted "Stand Your Ground" and "castle doctrine" laws that allow homeowners and people who are out in public a right to use force -- even deadly force -- if they are in fear. While prosecutors have said these laws allow people free will to murder, we see it differently.

This allows people to defend themselves so they aren't victimized by others. Many people carry a weapon at all times -- many legally, but some illegally. If a person uses a gun or knife in an effort to commit an armed robbery or bursts into a person's home, they have the right to defend themselves.

In State v. Green, Green defended himself and ended up having to face a murder charge as a result. According to court documents, Green was in the kitchen of a house where he rented a room from a husband and wife. He was preparing dinner with a butcher knife, talking with the wife, when the woman's husband became enraged and told him he wanted him out of the house and was going to refund his rent.

Not trusting that the man was only going to retrieve money from another room, he held onto the knife just ion case. When the man returned, he grabbed Green's wrists and head-butted him. In the process, the knife cut through the man's leg and hit his femoral artery, causing extensive bleeding.

The man bled to death and Green was later indicted on charges of malice murder, felony murder, aggravated assault and possession of a knife during a felony. His attorney filed a motion to dismiss the indictment, which was granted by the trial court, which found that he acted in self-defense after the other man head-butted him.

The state, after having little evidence to charge him in the first place, appealed the decision. But the state Supreme Court put prosecutors in their place by denying their appeal and upholding the trial court's decision.

As far as murder cases go, this appears to be a no-brainer and a case where the defendant shouldn't have been charged in the first place. And as Green has testified, he wasn't trying to stab the man.

There was little evidence to support criminal charges in this case, but it's a good thing the appeals process held up in this situation. Otherwise, Georgia might have had another innocent man on death row.

Continue reading "State v. Green Shows Why Aggressive Murder Defense Can Lead to Dropped Charges" »

American Amanda Knox has been cleared by an Italian jury nearly four years after being found guilty of murdering her British roommate based on faulty evidence, CNN reports.

While some might say this is simply a foreign country's criminal justice system fraught with problems and corruption, others might also say there have been more than a few similar injustices in American courts over the years. That is why an appeal in Los Angeles is one of the most important parts of our justice system.

Without the appeals process, mistakes cannot be rectified and innocent men and women get locked up with the key thrown away. This simply cannot happen. Much like Knox, defendants throughout Los Angeles have had their charges overturned and have been freed once an experienced Los Angeles appeals attorney gets on the case and points out the illegalities of the person's trial.

Sometimes that includes pointing out mistakes a judge makes, or something the prosecutor said to the jury that could cause bias. It might even be an issue with a trial attorney who missed something crucial in the case en route to a defendant's rights being violated. And sometimes, as was the case with Knox, pointing out weak evidence that doesn't satisfy proof beyond a reasonable doubt is the result of a job well done by a good appeals lawyer.

Knox's case goes back to 2007 when British exchange student Meredith Kercher was found dead after being sexually assaulted and having her throat slashed. Knox and her boyfriend/co-defendant Raffaele Sollecito were both convicted two years ago by a different jury. They were sentenced to 25 years in prison.

On appeal, lawyers aggressively attacked the evidence Italian prosecutors used to secure the convictions in 2009. A third person, a drifter, was convicted separately of being involved in the killing. He was sentenced to 16 years in prison.

The DNA evidence key to the botched conviction was tied to a knife found in the house, as well as a bra clasp. The knife was proven to not have been similar to the knife used to kill the woman. Plus, it was obvious that anyone living in the house would have shared a knife.

Crime scene authorities trampled on the house, mishandled evidence, waited for days before gathering key pieces of evidence, and otherwise contaminated the" proof" used by prosecutors. The DNA evidence they did have was inconclusive at best.

All this goes to show that prosecutors and police officers will go to great lengths to prove they have solved the crime, even if the evidence isn't there. That's why an experienced Los Angeles criminal defense lawyer must come in to hold the state accountable for its actions.

Sometimes people make mistakes. Sometimes those mistakes are intentional and committed by overzealous officials. The common person can be trampled on, but that person requires an experienced Los Angeles criminal appeals lawyer to lift him or her up and fight by their side in the pursuit of justice.

Continue reading "Amanda Knox Learns Appeals System is Critical, as it is in Los Angeles Murder Cases" »

New Jersey's Supreme Court recently ruled that witnesses who have questionable stories must be extensively questioned, and a judge may give jurors additional instructions during trial, The New York Times reports.

Los Angeles criminal defense attorneys hope California officials are listening. We have seen many defendants hauled into court, had the media spotlight thrust upon them and had charges ultimately dismissed -- often without a notice in the newspaper or on TV years later -- because of poor witness identification.

Whether it's a charge of murder in Los Angeles or a drug case with less than credible witnesses, defendants historically have had their lives turned upside down because sometimes the state relies on weak witnesses to get them convictions.

This goes for co-defendants as well. Prosecutors will often make a "deal with the devil" by giving co-defendants who face similar charges short prison sentences or lenient probation terms in order to convince them to testify against their co-defendant.

These "witnesses" are put on public display and must say what the state wants to hear. If they vary, even a little, and if the co-defendant doesn't get convicted, they can end up having their plea agreements shredded and go on trial just like the rest of them. You better believe they are willing to say what the state wants them to hear.

The changes in New Jersey courts likely apply more in situations where witnesses in a shooting, for instance, tell police they saw the person who committed the crime. But then after being shown police lineups or giving statements, their story waivers. Once they take a deposition -- where defense attorneys and prosecutors ask pointed questions after reviewing the evidence -- that's when the cracks start to show and the testimony crumbles.

Yet, the aggressive prosecutor uses them anyway. But now in New Jersey, defendants can ask for a pretrial hearing if there is evidence that the witness's credibility is at stake. Additionally, during the hearing a judge can examine whether the person is telling the truth or has enough knowledge to be useful.

There are many factors to consider and questions to ask during the hearing to determine whether the witness is credible. Were police an influence in what the person said during the investigation? What time of day did the incident occur, and how far away from the suspect was the "witness?" There can also be discussion about whether the witness was under the influence of alcohol or drugs. Even if a witness is cleared to testify before a jury, the judge can talk to jurors at any time to tell them how witnesses could misidentify a suspect and explain the factors that can lead to wrong identification.

This is a victory in New Jersey for defendants. We hope it becomes a reality in California as well. The New York Times speculates that while it applies only to New Jersey cases, the court there has previously been a trend-setter and influential to other states' laws.

We agree with New Jersey justices that there is a "troubling lack of reliability in eyewitness identifications" that have led to many overturned convictions, perhaps the leading reason. This is an easily fixable situation. Judges must be empowered, and defendants as well, to hold the state accountable for their actions in using weak witnesses.

Continue reading "Witness Problems May Lead to Changes in Los Angeles Criminal Court" »