Los Angeles Criminal Defense Lawyer Blog

The Playboy Playmate of the Year for 2011 who allegedly was assaulted by Hugh Hefner's oldest son has taken out a Los Angeles restraining order against him, The Huffington Post reports.

The Huffington Post is also reporting that the woman wants to drop charges against the man if he apologizes, but the police are saying they don't need her help to press charges against him. That is true, but her lack of cooperation could make the case more difficult.

Los Angeles criminal defense lawyers understand that domestic violence in California is not an issue to be taken lightly. It can lead to serious problems, major criminal charges as well as injuries and problems at home.

At the same time, domestic violence incidents are sometimes brought on by jealousy and a desire to get someone in trouble with the law as a form of revenge. Officers who respond to a house may have to make a judgment based on weak evidence and often it leads to an arrest.

Even though charges are sometimes brought without evidence to back them up, the defendant must still face these allegations and deal with the potential backlash. That includes public embarrassment, possible job loss and the problem of now facing jail time.

While restraining orders may be helpful to some victims to try to ensure a person is kept away, they are easy to get. A temporary restraining order simply requires a person to stand in line at the courthouse and fill out paperwork to put the order in place. The defendant has no say in the matter.

They will get notice and will have to then prepare to defend themselves at a hearing, where they may need an experienced Los Angeles criminal defense lawyer to make sure their side of the story is told. A permanent order can kick a person out of their own home, keep them from their children and cause other problems.

In this case, according to The Huffington Post, the 20-year-old Playboy Playmate was allegedly attacked by the 21-year-old Hefner. Sources said that the woman was punched and kicked, leaving the woman with red marks. The suspect is being held on $20,000 bond.

When the state attempts to go forward with charges against the defendant in a domestic violence case, having the alleged victim is important. Although it's possible an alleged victim's testimony can be disproved by an experienced Los Angeles criminal defense lawyer, having them testify is key for prosecutors.

If the alleged victim refuses to cooperate with authorities, that leaves the state in the position of having an officer be the sole witness. They may have written a police report and may have taken some photos, but they weren't there. They didn't see what happened. They may be able to testify to the after-effects, but not the events that led to the injuries.

Therefore, it leaves a major gap in the state's case. And while restraining orders may be helpful, it could take special circumstances to introduce that as evidence in a trial. That is a separate civil matter unaffected by the criminal case.

Continue reading "Alleged Playboy Assault Leads to Los Angeles Restraining Order" »

In a strange case, Los Angeles manslaughter charges have been filed against a homeowner after the ceiling collapsed during a fire, killing a Los Angeles firefighter, the Los Angeles Times is reporting.

The case is bizarre because we all recognize that firefighters have a dangerous job. They must respond to houses where dangerous people be lingering in order to administer medical aid. They are asked to help victims of car accidents on busy highways and freeways, where errant drivers can pose a threat. And, most commonly, they are asked to enter burning buildings to help people and save property.

Yet, in this case, the man who designed and built the house is now being charged with involuntary manslaughter because the ceiling fell in, killing a responding firefighter and injuring five others.

Our Los Angeles criminal defense attorneys understand there is pressure from families and often the public for criminal charges to be filed. But in a situation like this, maybe an accident is simply an accident.

The state must ask whether this sets a bad precedent for other cases in the future if a firefighter dies in the line of duty. Will all builders be liable for unplanned fires that cause structural damage?

In California, involuntary manslaughter is punishable by two, three or four years in prison, according to California Penal Code 193. Some may think of that as a cakewalk for a case where a person died, but you have to think that this is also going to subject a person to hardened criminals and life without freedom.

In this case, firefighters responded to a house fire last January. They fought the blaze as it crept along the attic. Investigators believe it started in the fireplace and spread up the walls and eventually into the ceiling.

Fire investigators found that the house did have a sprinkler system, but that the piping was made of plastic and it melted from exposure to the flames. As the water dumped out, it filled the insulation, which made it heavy.

So, as firefighters were battling the flames, the pressure from the soaked insulation began causing problems with the structure of the house, causing the ceiling to cave in, killing the firefighter.

The Times piece also states that the architect included in his house an 18-foot "fire trough," described as an oversized indoor fire pit, inside the house. Authorities say he was warned about the potential dangers.

So now there may be two tragedies. A brave firefighter doing his job was killed protecting society. At the same time, a homeowner -- who happened to design his own home -- is now facing a major felony charge that could ruin his life as he knows it. Where's the justice in that?

In every case -- manslaughter or not -- criminal defendants require strong legal representation. This is to ensure the case is proven beyond all reasonable doubt, if that's even possible.

Continue reading "Los Angeles Manslaughter Charges Brought in Firefighter's Death" »

A recent court case in Georgia shows that Los Angeles criminal appeals, especially in murder cases, are extremely important.

What happened is this: A defendant was put on trial for murder in the death of a 15-month-old girl. Subsequently, a judge was found by an appeals court to have made inappropriate comments during the course of the trial. This led to a new trial.

Los Angeles criminal appeals lawyers know that a defense attorney is looking out for as many things as possible during trial. They are watching their wording, trying to ensure they ask all the right questions and making objections to important issues. All of these decisions must be made quickly, on the spot.

Sometimes, inappropriate comments made by witnesses, other attorneys or even judges can slip by. While criminal appeals attorneys have the pressure of knowing they may be the last line of defense for someone who has been convicted, the appeals attorneys also have the benefit of poring over the transcripts of every hearing and proceeding to find holes in the state's case.

In the case of Murphy v. State, the defendant was charged with several counts related to the death of a 15-month-old baby. Court documents indicate the man was babysitting the girl, who was the daughter of his girlfriend, on the night in question.

Around midnight, a few hours after his girlfriend returned home from work, the girl was unresponsive. He performed CPR while the girlfriend called emergency responders, who were unable to bring the girl back to life. She was pronounced dead. The cause of death was later determined to be toxic shock, after several internal organs ruptured due to blunt force trauma.

At trial, the man faced charges of malice murder, felony murder and cruelty to children. He was convicted and sentenced to life in prison.

On appeal, the Georgia Supreme Court considered whether comments made by the judge in the case had affected the outcome.

In one scenario, when a police detective was on the stand, the judge called him a "good detective," and responded to an objection by defense counsel by stating that the detective had a good recollection and excellent written reports on the case and "hopefully, between the two of those and his good efforts we're going to find the truth of the matter."

These inappropriate comments were made in front of the jury, who could easily have been influenced by these words. Jurors should judge the credibility of a witness based on the witnesses' words, their demeanor and relationship to the case. A judge, who holds a lot of pull with jurors, shouldn't say things that would make jurors think more highly of one witness than another.

An experienced criminal appeals lawyer spotted this problem, saw the trend and was able to use it to help the defendant get justice. In this case, the defendant was able to get a new trial, though it took 12 years for the court to come to this conclusion. While this process takes time, it's a better alternative than appeals being rushed and something being missed.

Continue reading "Murphy v. State Shows Importance of Los Angeles Murder Appeals" »

The Los Angeles Times recently reported that a sheriff's official was arrested after highway patrol officers allegedly found her slumped over the wheel of her county car.

The news came as Los Angeles Police Department officers put considerable resources into looking for drunk drivers around the Super Bowl. These two stories not only show that law enforcement is continuing to put more and more money and time into DUI efforts, but it also shows that anyone can be charged with this crime, without premeditation.

Los Angeles DUI defense lawyers have seen many people charged with DUI, and understand how a conviction can ruin their lives. It can cause marital and career problems and that's on top of the criminal penalties. DUI in Los Angeles is considered a misdemeanor, but the consequences can be costly.

According to the Times, police received several 911 calls one recent evening after drivers reported a vehicle was stopped in the middle of a freeway in Pasadena. When CHP officers got to the scene, they found a woman, identified as the sheriff's office's civilian director, driving the vehicle.

They reported her car was in drive, but her head was resting on the wheel and her foot was on the brake. Police believe she was intoxicated. Her blood alcohol level reportedly measured .20, which is more than two times the state's legal limit.

The woman is in charge of a community partnership program and has a previous arrest for DUI from 2009. She had been allowed to keep her job after that conviction, though she was placed on probation. Officials with the sheriff's office said she was placed on leave after this most recent arrest.

According to NBC News, Los Angeles police had posted extra patrols during Super Bowl weekend, trying to boost DUI arrests. Officers were set up at Hubbard Street and Foothill Boulevard checking drivers.

Other local agencies also chipped in to conduct investigations throughout Southern California. Officers said they were there to try to make sure Super Bowl party patrons weren't leaving drunk. While officers set up checkpoints, they also used an increase in patrols to try to spot drunken drivers.

These efforts go to show that DUI is a charge that law enforcement still takes very seriously. While it is most often considered a minor charge by the courts, police continually spend countless hours and taxpayer dollars trying to make as many arrests as possible.

Even though law enforcement will admit DUI checkpoints and other measures are largely geared toward being public relations campaigns than anything else, they are costly and time-consuming for these departments. Despite those factors, they continue to do them.

Even a first-time DUI offense in Los Angeles can lead to time in jail, fines, a driver's license suspension, education classes and even an ignition interlock device being placed on the vehicle.

These are major penalties that an everyday person can end up being forced to deal with. And even though this is a crime any person can face -- without premeditation or ill will -- the penalties don't change based on the defendant. Anyone can be stuck dealing with this if they have one drink too many.

A defendant should hire an experienced Los Angeles DUI defense attorney who will explore all defenses, look at all of the state's evidence and help ensure the defendant gets a fair trial.

Continue reading "Los Angeles DUI Charge Something That Anyone Can Face" »

The U.S. Supreme Court recently ruled unanimously that police must have a warrant signed by a judge to use GPS technology in tracking suspects, the Associated Press reports.

Police are always trying to get an advantage, which is why in Washington D.C., they decided it was fine to put a global positioning service device on a suspect's car and track him for a month without getting any kind of clearance by a judge. Los Angeles criminal defense lawyers sometimes see tactics like this employed by police and come away shaking their heads.

Even though law enforcement know that crime suspects, including those facing Los Angeles drug charges, must have a fair trial, they are often more concerned with making the arrest. Instead of taking into consideration how their actions could be violating a person's rights.

Sometimes this overzealous approach to investigating crimes can lead to penalties against the department or a civil lawsuit. In other cases, the charges could be dropped or reduced, which could be punishment enough for officers who work long hours on a case only to see it blow up in their faces.

In this case, a man went from being sentenced to life in prison to seeing the charges dropped because of the major court ruling. The U.S. Supreme Court took up the case of Antoine Jones, who was being investigated for a Washington D.C. drug crime.

Officers suspected that he may be involved, so they put a GPS device on his vehicle to monitor where he was driving to and from. After four weeks of leaving the device on his car without his knowledge, they linked him to a known drug house, where drugs and cash were later found.

The man was arrested and later convicted of related drug charges. He was convicted and sentenced to life in prison. But after the case went through the appeals process, the nation's high court ruled that his charges should be overturned.

The justices agreed that for police to use GPS monitoring, they must treat it like a search, which requires a warrant. An officer who wants to obtain the data must go to a judge and get him to sign off on the warrant.

The information contained in the affidavit for the warrant must be accurate and it can't simply be a wild goose chase. Detectives must have enough information and facts that convince a judge the warrant is necessary to prove the suspects committed the crime.

And now this applies to GPS as well. Officers can't simply attach a GPS device to every vehicle, without any real proof that the driver is involved in a crime and that the information could help police figure out who is responsible.

Justices unanimously agreed in the ruling, though they did so for different reasons. Justice Antonin Scalia wrote that the warrantless use of GPS constitutes a violation of Foruth Amendment rights. Justice Samuel Alito wrote that the expectation of privacy was his reason for agreeing.

Continue reading "Police Must Have Warrant to Use GPS Tracking in Los Angeles, Court Rules" »

Los Angeles County sheriff's officials told the public recently they don't expect further arrests in the situation at Miramonte Elementary School, where two teachers so far have been arrested on various abuse charges, the Los Angeles Times reports.

Among the allegations at the school are that teachers were engaging in sex abuse in Los Angeles at the school. The first teacher was arrested after controversial photographs were found and detectives began investigating the school and other staff members.

This case is one that Los Angeles criminal defense lawyers are following not only because of the news media appeal but also the allegations that have been made against the defendants.

The first teacher was arrested after images surfaced that allegedly showed students with their mouths taped over, blindfolded and some being fed from a spoon. In some of the photos, the children are allegedly seen eating cockroaches. Other allegations include that the teacher fed students bodily fluid on a spoon as part of a "tasting game."

Initially, 40 photos were found at a CVS pharmacy photo lab. Authorities have said they recently recovered 200 new photos taken by another teacher, the second to be arrested. Including the teacher's home, authorities now say they have more than 400 photos.

The first teacher now faces 23 counts -- all felony charges -- and is being held on $23 million bail. A second teacher was arrested and charged with three counts of lewd acts upon a child. New students began making allegations after news of the first teacher's arrest spread.

During the last 20 years, the newspaper has reported other alleged victims who have complained about the teacher, including a former student who said in 1994 that he grabbed her genitals inappropriately. Four years ago, a parent complained after he saw a photo of his daughter eating a cookie that appeared to contain the man's bodily fluid.

The issue here is what the state will be able to prove. While the photos may show a substance people are assuming is semen, assumption and proof are far apart. If officials aren't able to produce any proof that the man fed such a substance to these students, the allegations appear to be baseless.

Perhaps taping a child's mouth or feeding them strange things isn't wise and maybe violates school policies, but it's unclear whether it's actually criminal. Prosecutors have a big media case on their hands, but they better have the proof to back up the allegations.

While the two teachers have been arrested, sheriff's officials said they have interviewed other staff members based on other allegations and don't believe there will be further arrests. Another alleged victim had complained about a third teacher, yet investigators are saying there is no proof to those allegations. Given the media attention so far, this will be an interesting case to continue following as it progresses.

Continue reading "Sheriff's Office Doesn't Expect Additional Arrests in School Sex Case" »