Los Angeles Criminal Defense Lawyer Blog

It is fairly common during a Los Angeles criminal appeal that defendants will attempt to prove their Los Angeles criminal defense attorney was ineffective and that impacted their trial.

In most cases, that isn't a fair argument, but one that criminal defense attorneys expect, especially in Los Angeles murder cases, where the stakes are so high. In one recent case out of Wyoming, a defendant was able to show that his criminal defense attorney didn't properly represent him, getting a new trial.

Murder is the most serious charge on the books in this country, and is the only that can be punished by the death penalty in California. Therefore, the defendant's lawyer should ensure they use all things possible in defense of the suspect. But even still, some lawyers make mistakes. Sometimes, those mistakes are seen as minor and of no consequence to the defendant. Others are so big they require a new trial.

In Ken v. State, a man was given a new trial after a big mistake by his lawyer. In 2009, Varo Ken was charged with attempted first-degree murder and aggravated assault.

Court records state that a woman, her fiance and son were in the parking lot of an apartment complex when a man got out of a car parked next to them and fired a gun at them before fleeing the scene. They pulled into a parking spot next to the suspect and words were exchanged and the woman's fiance made a derogatory comment toward the suspect. They told police the man fired four shots at them and then got back into his car and drove off.

About 40 minutes later in a bordering state, a trooper pulled over a vehicle matching the description of the vehicle at the scene and took the driver and his passenger into custody. A handgun was found inside the car.

The passenger said the two were inside the car when a truck pulled next to them. She said her boyfriend got out of the car because he thought the man from the truck was yelling at him. She said she didn't hear any of the argument or any gunshots because she had earphones in. She said she didn't see a gun until Ken got back into the car.

Ken gave a statement to police, too. He said he heard the man yell and thought he was yelling at him. He admitted to firing a shot into the air and then pointing the gun at the man before shooting off to the right. He said he then pointed the gun at the man and fired again before leaving. Police said they found two bullet casings and holes at the scene.

On the second day of trial, the man's criminal defense attorney found out through the prosecution that the woman's fiance -- the man who was shot -- had pleaded guilty to battery a year earlier in a case where he picked a fight in a bar. When defense received the report, the man had already testified. The attorney argued that this new evidence was relevant to the self-defense theory and the judge said there should be a hearing.

The state made its case and rested and the defense did the same. After moving for a judgment of acquittal, which was denied, the judge asked the defense attorney if he wished to rest without re-calling the fiance to bring in the battery conviction evidence. The defense lawyer said it was "too late" to investigate the incident. The judge told each side that he intended to allow the defense to re-call the man, but the defense rested anyway. The jury convicted Ken and he was sentenced to life in prison for attempted first-degree murder as well as six years for aggravated assault.

On appeal, Wyoming Supreme Court ruled that the defense attorney made mistakes when dropping the issue of the victim's prior battery conviction, especially after the judge allowed an opportunity to re-call that witness and bring in the evidence. As a result, Ken was awarded a new trial.

Continue reading "Ken v. State Shows Los Angeles Criminal Defense Attorney, Appeals Lawyer Critical" »

A recent case out of Palm Springs has police accusing a 69-year-old woman of using scissors to attack her husband in an attempt to cut off his penis, the Los Angeles Times reports.

Perhaps the most memorable story Americans will recall from 1993 was the story of John and Lorena Bobbitt, a young couple from Virginia who were forever made famous when Lorena accused her husband of sexually assaulting her and later cutting off her husband's penis as he slept, drove away, and threw it out the window of her car. He was acquitted of the charges and she was found not guilty by reason of insanity.

In cases like this, or other violent crimes, a person can face assault charges in Los Angeles. These charges shouldn't be taken lightly because they can cause a person to be sent to prison for up to four years and fined $10,000 or more. In some cases, the charge could be upgraded to attempted murder. If the person dies, accidentally even due to blood loss or complications, the defendant could be looking at life in prison. It's a slippery slope.

As an experienced Los Angeles criminal defense lawyer knows, the news media attention brought from such a bizarre set of facts will permeate the case. This can be used to the defendant's advantage, depending on the skills of the lawyer.

Some attorneys believe they shouldn't say anything to the media because it will just bring more attention to the case. Others take the stance that the case will be in the news anyway, so why not try to get their defendant's opinion into the articles and TV broadcasts?

The big risk in big media cases is that every time a viewer or reader takes in facts of the case, they could be set up to be biased against the defendant. Every viewer or reader is a prospective juror. So the more the case is in the news, the more people know about it and the more they may not be able to listen to the facts during trial. That bias can definitely get in the way of the jurors as a whole as they deliberate a person's guilt or innocence.

This also makes jury selection so important. Weeding out jurors who may be anti-defense or who may not be able to put aside what they have learned about the case through media coverage is critical to ensure the defendant's rights.

According to this case, the woman is charged with mayhem, assault with a deadly weapon and felony domestic violence. The woman allegedly caused a non-life-threatening wound in the genital area of the man.

The couple -- who have been together for 32 years, according to police -- are still being investigated. At this point, detectives aren't sure what caused the wife to attack her husband, who is also 62.

Police say they have found scissors, what they described as poultry shears, that they plan on logging as evidence in the case.

Continue reading "Woman Accused of Scissor Attack on Husband's Penis in Los Angeles" »

Los Angeles made national and international headlines recently and it wasn't because of a celebrity.

This time it was an overzealous shopper at a Wal-Mart in the city limits. A woman, who has yet to be arrested, is accused of using pepper spray to back off about 20 shoppers during a Black Friday sale.

Our Los Angeles criminal defense lawyers certainly don't condone using pepper spray in a crowded area, especially on other shoppers, but as the police have pointed out this may have been a situation of self-defense.

Charges of battery in Los Angeles can hold serious penalties and can lead to a felony record that precludes people from getting jobs, voting, receiving federal benefits and other issues. It can also lead to prison time or probation, fines and fees, and other sanctions.

In the Black Friday Wal-Mart case, police are reviewing evidence to determine if the woman felt she was about to get trampled when she and about 20 other people were gathered around a palette of video games that were set to be sold for half their $60 normal price.

Once the wrapping was taken off by workers, it was "pandemonium," police said. Shoppers were pushing and shoving to get to the discounts. One woman allegedly used pepper spray in the fracas. Police are determining whether the pepper spray was used because she was trying to get an advantage or whether she felt she was going to get trampled.

The Los Angeles Times reports that detectives have interviewed more than a dozen witnesses and are looking to talk to another 10 shoppers. They are also looking at video surveillance.

Miles north in the San Francisco Bay area, news reports state that a shopper was shot after would-be robbers attacked in the parking lot of a Wal-Mart. In Arkansas, people were involved in a "waffle riot" when $2 waffle irons went on sale and people clamored to get one.

Experts say holiday shopping has turned into a blood sport, where crazed shoppers looking for deals will resort to violence in order to get the products they want after weeks of advertisements.

This can lead to major charges if consumers are charged with battering or even shooting other shoppers just to get a good deal or two. The savings can turn into much more in fines as well as possible prison time for those who are found guilty of felony charges.

Emotions and competitiveness can sometimes take over in cases like this, and could cause people, even those no criminal history, to act outside themselves. For these defendants, having an experienced Los Angeles criminal defense lawyer by their side is critical.

The criminal justice system moves quickly. There are many factors that must be taken into consideration that the average person isn't aware of or can't plan for. If you are new to the system and may have made a bad mistake this holiday season, you must be well represented. Don't expect the state to see the case the same way. They will push for tough penalties.

Continue reading "Black Friday Pepper Spray Incident Could Lead to Los Angeles Assault or Battery Charges" »

The weapons charges in Los Angeles filed recently against a teenager in connection with an arrest at school highlights the importance of seeking experienced legal representation in the wake of such allegations.

CNN reported authorities will seek to charge a 17-year-old boy as an adult after a gun he allegedly brought to school in his backpack apparently discharged accidentally, wounding two students.

A single bullet struck two students, one in the temple and the other in the neck. He has been charged with possession a firearm in a school zone and discharging a firearm in a school, according to the Los Angeles County District Attorney's Office. Both charges are felonies.

A Los Angeles criminal defense lawyer should always be called to handle criminal charges against minors. Unfortunately, parents too often think such charges will magically disappear in adulthood. That is typically not the case; convictions for serious crimes as a juvenile may even count as a strike in adulthood.

And, especially given today's zero-tolerance policy, teenagers often face very serious charges for minor infractions on school grounds. In this case, as in any case where a gun is alleged in the commission of a crime on school property, the teen faces the very real threat of being expelled as well as facing significant jail time.

Particularly in cases where juveniles are charged as an adult, an experienced and aggressive defense must be mounted. If he is convicted as an adult, he faces up to seven years in prison. If tried and convicted as a juvenile, the maximum penalty would be nine months in a juvenile camp.

The girl wounded in the head is reportedly in critical condition. The boy wounded in the neck has been treated and released.

Two other students have reportedly been arrested in connection with the case, though no information about possible charges has been forthcoming from the prosecutor's office.

Continue reading "Teen faces weapon's charges as adult after school incident in Los Angeles" »

A California Highway Patrol officer has been charged with murder in Los Angeles for fatally shooting her husband two years ago in what she claimed was an act of self defense, the L.A. Times reported.

Tomiekia Johnson, 31, of Compton, was arrested by deputies from the Los Angeles Sheriff's Office. She initially told detectives she shot her husband during an argument in which he became verbally and physically abusive. Prosecutors now allege she intentionally shot him. The two-year delay in bringing charges would suggest this case is anything but cut-and-dried. Hiring experienced and aggressive legal representation is Johnson's best bets for protecting her rights.

The Mercury News reports Johnson is being held on $2 million bail.

While charges do not get more serious than murder, it is equally important for law enforcement officers or members of the military to consult with an experienced Los Angeles defense lawyer when facing less serious charges, including DUI, domestic violence and weapons violations. Such charges may prevent an officer from carrying a gun and may even prevent a member of law enforcement or the military from continuing to work in his or her chosen profession.

The shooting occurred near midnight on a Saturday night in Compton. Johnson reportedly left the scene and reported the killing from her parent's home. She was off-duty at the time of the shooting and was not arrested. Homicide detectives reportedly gathered evidence that the victim was a peaceful man, while Johnson had a history of heavy drinking.

The Times reports that Johnson has been working in an administrative position with the patrol since the shooting occurred and was placed on unpaid administrative leave following her arrest.

Continue reading "CHP officer charged with murder in Los Angeles for domestic incident two years ago" »

A Wildomar resident has been arrested outside Paris Hilton's home after allegedly breaking through a security checkpoint and banging on the celebrity's door, the Californian reported.

Maybe he was lost.

Our defense lawyers represent clients facing stalking charges in Los Angeles and the surrounding areas, including Wildomar and Riverside County. Stalking charges are growing increasingly more common, whether involving celebrities are a relationship gone bad. We reported on our Los Angeles Criminal Defense Lawyer Blog earlier this year about a case involving Olympic star Shawn Johnson.

In this most recent case the 36-year-old suspect was booked at the Van Nuys station on suspicion of battery and was held in jail in lieu of $20,000 bail. Police say he rode a bicycle through a gated checkpoint in the community where Hilton lives and ignored commands by guards to stop.

He then reportedly went to Hilton's home and began pounding on the door. When security guards attempted to stop him, he allegedly resisted, resulting in a scuffle that led to the battery charge. A battery charge in Los Angeles alleges that a defendant used force against another person. It can be charged as either a misdemeanor or a felony.

In this case, the media reports that the suspect also had a bench warrant issued for his arrest last November after he allegedly failed to show up in court in connection with a vandalism charge.

Two months ago, a 31-year-old Redlands man pleaded not guilt to a count of attempted residential burglary after being accused of pounding on Hilton's door while wielding a pair of knives.