Los Angeles Criminal Defense Lawyer Blog

As a Los Angeles criminal defense lawyer will tell you, jury selection may be the most important facet of a criminal case. Obviously, the evidence is critical, but who is weighing the evidence also takes on an important role.

The recent case of Lamb v. Alabama shows just how critical not only who is selected for jury is, but also what is said to them and how a judge and prosecutor interact with them.

Whether a case of burglary in Los Angeles or Southern California murder, every defendant deserves and is entitled to a fair trial.

This goes beyond just making sure the prosecutor and judge follow all the rules during the trial and that no unnecessary evidence is admitted or witnesses don't say something that count taint the jury. This also means allowing every juror a right to be able to participate.

Courts have ruled that jurors can't be dismissed because of race alone, but there are many factors that must be considered when picking a jury. Asking them pointed questions that may reveal their feelings about the criminal justice system, the particular charge or their opinions about police all help to ensure a jury is a fair one.

In this case, a man faced four charges -- first-degree rape, first-degree sexual abuse, incest and second-degree sexual assault. When jurors returned after deliberating, the jury foreman announced guilty verdicts on the first three charges, and not-guilty on count four, the second-degree sexual assault charge.

When the jury was polled -- when judges ask each juror if they agree with the verdict that was announced by the foreman -- it appears they agreed. But after the jury had been let go from its service, the judge noticed that the verdict form marked the first-degree sexual abuse charge as "not guilty," which was different than the "guilty" announced in court by the foreman.

The judge located seven of the 12 jurors and had them come back to court to clarify what their verdict meant. After discussion -- with five members not present -- they said they meant the verdict to be not guilty for count four, but guilty for the other three counts. The jury foreman then was instructed to change the verdict form.

On appeal, the Alabama Supreme Court ruled that this amounted to double jeopardy and couldn't be done. It is surprising that a judge would allow something as critical as a verdict in a major sex case be handled so sloppily. Obviously, there were errors made by the jury, but allowing changes to be made after they've been discharged and with only a portion of them available is not right. Thankfully, it was sorted out.

Not only must a defendant have jurors who are open-minded, but those who are competent and able to look at the facts and decide the guilt or innocence of the defendant with an open mind. Educated jurors are important because they may think rationally rather than based on the hype of a witness.

Continue reading "Lamb v. Alabama Shows Importance of Jurors in Los Angeles Criminal Case" »

Michael Lohan, father of pop star Lindsay Lohan, was arrested March 21st when he was involved in an altercation with his live-in girlfriend. Lohan is accused of physically assulting her and is charged with one misdemeanor count of corporal injury to a cohabitant, according to CNN Entertainment.

If you've been involved in a physical domestic dispute, a Los Angeles criminal defense attorney should be contacted immediately to protect your rights, your access to your home, family and your livelihood. Domestic violence convictions can have many consequences, including the inability to hold certain jobs, occupational licenses or to legally obtain a firearm.

Local authorities were called to the incident at roughly 9 p.m. to the 8500 block of Holloway Avenue. Lohan was later arrested a short distance from the West Hollywood sheriff's station. Deputies say they found him walking down the 8800 block of Santa Monica Boulevard. Lohan is currently facing a maximum sentence of one year in county jail if convicted, reports the Los Angeles Times.

Domestic violence claims are often executed on a he-said, she-said basis. There is almost no way to know for sure who did what to whom. False claims are often created during a divorce, during breakups and other relationship problems.

Falsified restraining orders can also have have detrimental consequences, causing an innocent parent to be prevented from returning home or visiting children. Domestic violence charges will also complicate divorces and child custody proceedings.

According to The National Father's Resource Center, falsified domestic violence claims are filed every day for a number of reasons:

-Teenagers have falsified abuse claims to try and retaliate against parents.

-Some children may make false allegations for attention.

-Parents may make false claims to get the upper hand in a custody battle.

- Young children may make false allegations in attempt to mimic the situations of friends or classmates may be in.

It is important to contact a domestic violence attorney immediately if you've been falsely accused of harassment in a domestic dispute.

Continue reading "Michael Lohan Facing Misdemeanor Charges of Domestic Violence in Los Angeles " »

Today's high profile cases of crimes against children have resulted in a hyper vigilance in the community against child abuse. Although this is a positive step in our society, it can create a state of heightened anxiety with resulting false accusations.

Those accused of child molestation, abuse or sexual assault crimes are despised, ostracized and/or shunned by society--whether or not the accusation is false. The mere mention or suspicion of child molestation or sexual assault crimes are enough to have someone forced out of their community or expelled from his/her profession. A conviction could mean a lifetime registration as a child sex offender.

It is illegal for anyone to file a false report of child abuse, but regrettably, it happens every day. Even though more than half of reported abuse cases are false, this offense has the highest conviction rate of all felony crimes. The law is written to protect children first, so even though you may be completely innocent, you will need to defend yourself.

If you get caught in this nightmare, even though you are completely innocent, the first step you must take no matter how painful is to acknowledge the seriousness of the charges. If you feel you do not need to worry because no one could possibly have a case against you, you are putting yourself at risk. It is startling how fast these situations can spin out of control. The consequences for a conviction for this crime can be permanent, so it is crucial to protect yourself and your children immediately.

You need to find a lawyer experienced with these types of charges. Don't speak to any officials except your attorney about the case. Even if you have not been officially charged, you need to be prepared in case you are eventually arrested.

If you have been falsely accused or suspected of child abuse or molestation, or you're being investigated or charged formally of a crime against children, it is critically important to entrust your case to an experienced attorney who understands the law and how to defend these types of cases.

Whatever you do, do not attempt to handle this matter on your own or with advice from family members. If you have been contacted by the police for an interview, do NOT speak to them unless your attorney is present. Anything you say to the police can and will be used against you.

The suspected murderer of swimsuit model Jasmine Fiore has been found dead, an apparent suicide. Charged with murdering his ex-wife, reality TV contestant Ryan Jenkins had fled to his native Canada. His ex-wife was found stuffed into a suitcase in a trash bin south of Los Angeles. Strangled, her fingers and teeth removed, Fiore's mutilated body had to be identified by the serial numbers on her breast implants. Previous charges of domestic violence and recent accounts of bitter arguing, led California prosecutors to charge Jenkins with first-degree murder of his ex-wife. After initially reporting his wife missing, Jenkins fled, sparking a nationwide manhunt that ended when Canadian deputies found him dead in a hotel near Vancouver. Authorities suspect suicide.

According to U.S. Department of Justice data, 11% of murder victims are killed by an intimate; i.e., a spouse, ex-spouse, boyfriend or girlfriend. One-third of women murdered are killed by intimates, a number that is increasing. Murder, as defined in the California Penal Code, is the intentional and malicious killing of a person. Premeditation is the defining element between first- and second-degree murder.

• First-degree or felony murder requires prior consideration and planning of a willful and deliberate intent to kill. First-degree murder generally occurs during the commission of or intent to commit a crime. In California, first-degree murder carries a sentence of 25 years to life in prison.


• "Second-degree murder also requires malice and acting intentionally, but it does not require premeditation and deliberation," Los Angeles criminal defense attorney Stephen clarified. In California, the sentence for second-degree murder is 15 years to life in prison.

For information about murder defense, contact the law offices of Rodriguez, Lewis & Kahn. Fluent Spanish spoken.

R&B heavyweight Chris Brown could have pulled a jail sentence for battering girlfriend Rihanna (see Monday's post), but his criminal defense attorney convinced the L.A. judge to gave him a second chance. Essentially, that's what probation is; the court is giving you a chance to change your behavior and live within the law. Naturally, this opportunity comes with a short leash. You must precisely follow the terms of your sentence for the entire probationary period -- in Brown's case, 5 years -- or face often severe consequences, including jail time. If you break any of the rules imposed by the court during your probationary period, you are considered in violation of your probation. Your probation can be revoked, and you can be arrested and taken to jail.

A number of factors and the skill of your criminal defense attorney in presenting your case to the court can influence the judge's decision at a probation violation hearing, including:

• Seriousness of your probation violation


• Number of times you have violated probation


• Mitigating or aggravating circumstances


• Timing of the violation (early or late in your probationary period)


• Involvement in a new crime


• Recommendation of your probation officer

Los Angeles criminal defense lawyer Stephen Rodriguez notes that a skilled criminal defense attorney can "effectively negotiate alternatives to jail" in cases of probation violation. Not only can an experienced criminal defense attorney properly prepare you for your hearing, but he can gather character, employment and reference letters to present to the court and locate and interview witnesses who can aid your defense. Particularly important, an expert criminal defense attorney like Stephen Rodriguez who has a respected, professional relationship with the Los Angeles probation department can establish useful communication with the department and your probation officer. He may be able to get your probation reinstated or have community service or counseling ordered to keep you out of jail.

R&B singer Chris Brown was sentenced to five years of probation and six months of physical labor for the domestic violence beating of then girlfriend Rihanna last February. Los Angeles Superior Court Judge Patricia Schnegg sternly warned the singer that he could do jail time if he violates the terms of his sentence. Brown was also ordered to attend domestic violence counseling for one year.

High profile domestic violence cases like Brown's shed a national spotlight on a growing problem. The latest federal National Crime Victimization Survey shows a 42% increase in domestic violence over the past two years. According to the American Institute on Domestic Violence, 90% of all domestic violence victims are female; and domestic violence is the leading cause of injury to women. Statistics compiled by the American Bar Association indicate that approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner each year. In 2000, 33% of female murder victims and 4% of male murder victims were killed during domestic violence disputes.

Layoffs, job loss, home foreclosures, loss of retirement savings and financial problems resulting from the recession appear to be fueling the nationwide increase in domestic violence. "Domestic violence covers a wide range of abuse, including spousal abuse and child endangerment," said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, domestic violence laws apply not only to married couples, but also to cohabiting couples, ex-spouses, unmarried parents of a child, dating couples and people with a former dating relationship.

California domestic violence laws are complex and highly specialized. "Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws," warns criminal defense attorney Rodriguez. In Los Angeles, a domestic violence charge demands skilled representation by a criminal defense attorney experienced in domestic violence litigation.

Fail to appear for your court date or pay a fine and you could find yourself tracked down, handcuffed and carted off to jail. It could jeopardize your job if it happens in front of your boss and co-workers. It could embarrass you if it happens in front of your neighbors. It could traumatize your children if it happens in front of your family. As they say, the law waits for no man. If you don't show up in court when you're supposed to, the judge will issue a bench warrant. The most commonly issued type of warrant in California, a bench warrant is an order for a person's immediate arrest.

Most often issued for failure to appear in court on the scheduled date, a bench warrant all but guarantees you an embarrassing ride in an LAPD cruiser and a night in jail where you'll have to wait until a judge can hear your case. At your hearing, the judge will reschedule your original court date. Having proved yourself to be what the court considers a flight risk by failing to appear, the judge is unlikely to release you while you wait for your new court date. The judge will most likely set bail or return you to jail to guarantee you show up on the new date. If other outstanding warrants exist, bail will probably be denied and you'll be returned to jail. Depending on how heavy the court docket is, you could be forced to wait in jail for weeks or months until your new court date.

If you discover that a bench warrant has been issued for you, it is essential that you return to court immediately with an experienced criminal defense attorney like Stephen Rodriguez. Contact LA criminal defense attorney Stephen Rodriguez today. Fluent Spanish spoken.

Bernie Madoff isn't the only con artist stealing millions from gullible investors. Investment scams have increased since the economy tanked. Investors are looking for a quick way to recoup losses and con artists are only too happy to relieve them of their cash. Here's how the top five scams work:

• Ponzi schemes lure investors with promises of high returns. Money from new investors is used to pay off early investors until the pyramid collapses. Most investors lose everything.


• Real estate investment cons promise high returns for flipping real estate. Investors lose when rehabs are never performed or property is located in undesirable locations.


• Investment/financial-adviser fraud occurs when an unscrupulous advisor takes advantage of a client's lack of oversight. Funds may be embezzled, the cost of services inflated or fictionalized services charged.


• Oil and gas investment scams assure quick profits on oil and gas ventures that never get off the ground. Watch out for unregistered securities.


• Affinity fraud targets a group -- family, church, work -- with which the con artist has a personal connection, using personal influence to dupe people into fraudulent investments.

Fraud is theft. "In California, theft crime charges can range from a minor shoplifting charge (for stealing something valued under $400) to grand theft, which can be charged as a felony and could require a state prison sentence," said expert Los Angeles criminal defense attorney Stephen Rodriguez. In California, fraud is a wobbler, "a crime that can be prosecuted or charged as either a misdemeanor or a felony," explained Rodriguez. The nature of the crime, dollar amount involved and defendant's prior record can influence the charge. With the severity of sentencing hanging over wobbler offenses, expert legal representation is critical. "The right attorney can tip the justice scales in favor of a misdemeanor and minimize the impact of a wobbler crime," Rodriguez said.

-Legal Pro

The U.S. breathed a sigh of relief when journalists Euna Lee and Laura Ling were reunited with their families on a California runway after 5 months of imprisonment in North Korea. The women were arrested while pursing a story on human trafficking; but you do not have to travel halfway around the world to find young women being forced into slavery as prostitutes. Federal authorities estimate that 15,000 to 18,000 girls and women in America are victims of human trafficking every year.

Targeted at shopping malls, schools, college campuses and on the internet, girls are often lured into a life of forced prostitution with promises of modeling or acting careers. Poverty or a history of abuse can make women more vulnerable, but often it's the trusting nature of youth that places girls in jeopardy. Lured to Florida with promises of a modeling career, an attractive suburban high school graduate was forced to prostitute herself by a pimp she believed was a modeling agency photographer. The man beat her and threatened to kill her and harm her family to force her to have sex with men in the backseat of his car -- as many as 20 times a night. Some pimps use drugs to control their victims, addicting girls against their will.

Increasingly, law enforcement officers are recognizing that prostitutes may be victims of human trafficking. "We need to figure out who the bad guy is, just like in any other crime," Lt. Matt Warren told a class of Ohio state troopers at the Highway Patrol Academy. "You're going to have to look beyond the crime and see these people as they are -- victims."

If you are arrested for prostitution, break the cycle of victimization. Contact the experienced Los Angeles criminal defense attorneys at Rodriguez, Lewis & Kahn. Fluent Spanish spoken.

A new ruling by the U.S. Supreme Court is expected to impact the prosecution of DUI (driving under the influence) and DWI (driving while intoxicated) cases in California and across the U.S. The Supreme Court ruled that when crime lab or breathalyzer reports are used to establish that a defendant was under the influence of a high level of alcohol or illegal drugs, the prosecutor must make a laboratory technician available during court to testify in person. In its decision, the Supreme Court equated such lab reports to witnesses for the prosecution. Under the Sixth Amendment a defendant has the right to "be confronted with the witnesses against him," wrote Justice Antonin Scalia. In drug, drunk driving and other cases in which lab reports play an important role in the prosecution's case, Scalia wrote that defendants were "entitled to be confronted with the analysts at trial."

Some prosecutors have expressed concern about the cost and potential availability of lab technicians for courtroom appearances. However, in his successful arguments before the Supreme Court, Stanford University law professor Jeffrey Fisher noted that presenting crime experts at trials is already common practice in some states, including California. While prosecutors soft pedaled the impact of the Supreme Court ruling, criminal defense attorneys applauded the opportunity to challenge lab reports in court, noting that crime labs sometimes make mistakes that result in the conviction of innocent people.

California prosecutes DUI and DWI aggressively. A drunk driving charge results in two proceedings against the defendant: a criminal case and a Department of Motor Vehicles (DMV) case. Legal proceedings can be complex. Conviction can have serious consequences, including heavy fees, loss of license and jail time. A DUI charge demands immediate attention and aggressive action from a skilled DUI defense attorney like Stephen Rodriguez.

Los Angeles police are investigating possible manslaughter charges against Michael Jackson's personal physician. Investigators in Houston, Texas obtained search warrants and raided a medical clinic and storage unit used by Dr. Conrad Murray, searching for evidence to support manslaughter charges against the doctor. According to news reports, police confiscated a variety of documents, letters and emails, computers and vials of drugs.

Several times Murray has stated to the press that he did not give the pop star any medications or narcotics that were likely to cause his death. However, Jackson's family has been critical of the doctor's late involvement in Jackson's life. A cardiologist, Murray was hired as Jackson's personal physician during the star's preparation for a comeback tour. The doctor discovered the collapsed singer at his home on June 25 and administered CPR until paramedics arrived. Jackson was pronounced dead after arrival at UCLA Medical Center. Medications, including the powerful anesthetic propofol, were found in Jackson's home after his death. Jackson had complained of severe insomnia, and there is suspicion that ingestion of propofol may have contributed to the singer's death.

So why are LAPD investigators pursuing a charge of manslaughter instead of murder as some of Jackson's fans are demanding? In both murder and manslaughter an individual is killed; the difference is intent. Murder is the intentional, willful, deliberate and malicious killing of another. When premeditated -- planned in advance -- it is classed as first-degree or felony murder. Examples of first-degree murder include killing while committing arson, burglary, robbery, carjacking, kidnapping, rape and drive-by shootings. When murder lacks premeditation or deliberation, it is called second-degree murder. Examples of second-degree murder include use of a gun in a fight that results in death or swinging a baseball bat at a victim that accidentally hits him in the head causing death.

In contrast, manslaughter is the unpremeditated killing of another person without malice. Manslaughter can be either voluntary or involuntary. Voluntary manslaughter is the provoked killing of another in the heat of passion. Involuntary manslaughter is the unintentional killing of another either through recklessness or negligence or during the commission of an unlawful misdemeanor crime. If Jackson's doctor is found to have administered a drug that unwittingly caused the singer's death, he is likely to be charged with involuntary manslaughter.

Manslaughter or murder charges require experienced, aggressive criminal defense by a highly experienced, aggressive criminal defense attorney like expert Los Angeles criminal defense lawyer Stephen Rodriguez. If you are questioned or charged with murder or manslaughter, there are important steps you should take immediately. To discuss your case with a knowledgeable LA criminal defense attorney, contact Stephen Rodriguez today. Fluent Spanish spoken.

In cases of domestic violence and disagreement, one party can obtain a restraining order against the other. Restraining orders prevent contact between the parties, whether in person, by phone, via the internet or through a third party. Not only can a restraining order prevent you from seeing or speaking to your spouse, it can prevent you from seeing or contacting your children. You can be prohibited from calling, texting or emailing your children, sending cards or letters, even sending birthday presents. A restraining order can prohibit you from returning to your home and force you to stay away from places where your spouse or children are present, such as schools, churches, family members' homes, workplaces, even local groceries and stores. If you are served with a restraining order, you can be forced to surrender your guns and weapons to police officers and, if the order is made permanent, can be prohibited from owning or purchasing guns in the future. Being served with a restraining order can seriously impact your relationships with your spouse, children, family, friends and lifestyle.

If you are served with a restraining order, you need to understand the process (see our July 20 post). If a restraining order is obtained against you, court officers will serve you personally. By law, you will not be allowed to contact the person who obtained the order. You may be asked to surrender any guns or other weapons you own. A court hearing will be scheduled within one to five days at which you must appear. At the hearing, both parties will have an opportunity to present their case. The judge can decide to void the restraining order, change its terms or make it permanent for one to three years. If the order is made permanent, you may not be allowed to contact your spouse or children in any way while the order is in effect. You will not be allowed to own or purchase fire arms or other weapons. When the restraining order expires, your spouse can go back to court and have it renewed.

The stakes are high. If you do not protect yourself when you are served with a restraining order, the consequences can be life-changing. While you can choose to defend yourself in a restraining order hearing, you place yourself and your freedom at considerable risk if you do not have the expert advice of an experienced criminal defense attorney. If you are served with a restraining order, contact expert criminal defense lawyer Stephen Rodriguez immediately to protect yourself and your rights. Fluent Spanish spoken.

Restraining orders are court orders signed by a judge that prohibit one person from contacting, annoying or harassing another. There are two legal sides to restraining orders: people who need restraining orders to protect themselves or their families from threat and abuse, and people who are served with restraining orders and must defend themselves. Today, we'll focus on how to file a restraining order to keep yourself safe. On Wednesday, we'll discuss what to do if you are served with a restraining order.

California law offers four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez, who helps clients on both sides of restraining order law.

• Emergency Protective Order (EPO). Issued by law enforcement officers to protect domestic violence victims, EPOs are valid for 5 days, providing temporary protection while victims seek permanent measures.


• Domestic Violence Temporary Restraining Order (TRO or DVRO). Victims of domestic violence can obtain a TRO valid for 3 weeks pending a court hearing during which both parties present their grievances to a judge who can dismiss the order or make it permanent for 1 to 3 years.


• Criminal Protective Order ("No Contact" order). Obtained through the District Attorney's office, this criminal restraining order prevents contact of any kind between the parties and is issued in active criminal domestic violence cases.


• Civil Harassment Restraining Order (CHO). CHOs are used to stop harassment between neighbors, roommates and co-workers.

Filing a restraining order stops abuse and harassment and puts the court on the victim's side. Restraining orders prevent contact of any kind, whether in person, via phone or the Internet or through a third party. They can prevent your child from being removed from a violent home and prevent the abuser from owning weapons. If an abuser attempts to violate a restraining order, the police can take him to jail.

You do not need an attorney to file a restraining order, but representing yourself puts you at a serious disadvantage, particularly if the other party has expert legal representation, warns expert Los Angeles attorney Stephen Rodriguez. An experienced criminal defense attorney knows the law and can help you obtain the result you need to feel safe and secure. He will make sure that all proper documents are filed on time, walk you through the process and explain how to handle the judge's questions so you are confident and prepared in court, and provide expertise and support through every step of the legal process. If you need help filing a restraining order, contact Stephen Rodriquez today. Fluent Spanish spoken.

Next time: What to do if you are served with a restraining order

-Legal Pro

Stalkers deal in fear. Their obsessive harassment of celebrities regularly makes the news. Earlier this year, Georgia resident Brady Green was convicted of stalking, harassment, criminal trespass and attempted aggravated harassment for hounding supermodel Tyra Banks. Dawne Wilson was convicted of felony aggravated stalking and sentenced to jail for sending murderous email messages to actor Tyler Perry. Overzealous fans and paparazzi regularly cross the line from acceptable fandom to frighteningly aggressive behavior in their pursuit of celebrities. But stalking is not limited to the famous. Celebrities may get the press, but the majority of stalking victims are ordinary citizens. Jealous ex-boyfriends stalk their former girlfriends, ex-husbands stalk their former wives, sexual predators stalk school children. From 75% to 80% of all stalking cases involve a male stalking a female and are often connected to domestic violence cases. Too often, stalking leads to more aggressive and more frightening behavior, including assault, battery, even murder.

In 1990, California was the first state to enact anti-stalking laws after obsessed fan Theresa Saldana stabbed to death TV star Rebecca Schaffer. Stalking laws protect against not only celebrity stalking, but cyber stalking, workplace stalking and any stalking behavior or harassment that puts the victim in fear of his or her safety, explained expert Los Angeles criminal defense attorney Stephen Rodriguez. Stalking "is a series of unwanted actions or conduct that puts a person in fear for their safety."

Cyber stalking on the Internet is of growing concern in Los Angeles County, said attorney Rodriguez. "Cyber stalking takes on many forms such as sending email to the victim, impersonating the victim in char rooms and email messages, and spreading untruths in a chat room," Rodriguez explained. "The Internet is a very efficient and inexpensive way for cyber stalkers to intimidate, terrorize and harm their victims while at the same time remaining anonymous." Incidents of cyber stalking in Los Angeles have become so numerous that special law enforcement units called Stalking and Threat Assessment Teams (STAT) have been created to aggressively investigate and prosecute cyber stalking.

Stalking can be charged as either a misdemeanor or felony depending on the presence of aggravating factors, the defendant's record and whether he is a repeat offender. If convicted of a felony, stalkers can be sentenced to up to five years in state prison. Stalking is a serious crime that requires serious defense. If you are accused of stalking, contact Los Angeles criminal defense attorney Stephen Rodriguez today for a free and private consultation.

Nearly a year ago a serviceman, his wife and their young son were tragically killed in a hit and run accident in Riverside County, California, east of Los Angeles. Witnesses told police a speeding truck weaving in and out of traffic lost control on a curve and plowed headfirst into the Chevy Malibu driven by Navy Corpsman Andres Cruz Sanagustin who was stationed at Camp Pendleton. The crash killed Sanagustin, his wife and their 4-year-old son. The driver of the truck, Chad Huber, left the scene of the accident, reported his truck stolen and fled to Mexico. Police investigators later found that Huber had been drinking in a local bar just before the accident.

After hunting Huber for five months, police finally caught him late last year when a sheriff's deputy discovered him driving a stolen car in Rancho Cucamonga. Police gave chase, and Huber was captured after crashing his car and fleeing into a nearby home. Huber was caught with the aid of a police dog, arrested and charged with hit and run and murder. Huber has been in custody in the San Bernardino County jail awaiting arraignment scheduled for today at the Southwest Justice Center.

"Leaving the scene of an accident prior to producing the necessary driver documentation is considered hit and run and may carry criminal charges," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. The driver documentation you are required to provide includes:

• Name


• Driver's license number


• Vehicle identification number


• Insurance carrier's name and address


• Insurance policy number

California law requires drivers to stop and provide documentation whether an accident involves a moving vehicle, pedestrian, parked car or someone's property. "If you drive away, even if the accident wasn't your fault, you can be charged with the crime of hit and run," Rodriguez warns. It is the driver's responsibility to locate the owner of an unoccupied vehicle or property damaged in an accident. When the owner cannot be located, the driver is required to leave a visible note containing his contact information and facts surrounding the accident and file an immediate police report.

When accidents cause injury or death, driver's bear additional responsibilities. In injury accidents, the driver must render reasonable aid to the injured person in addition to providing required documentation. If death, referred to as vehicular manslaughter, occurs, the accident must be immediately reported to the police or California Highway Patrol. In serious accidents that involve injury, death or extensive property damage, drivers can be charged with a felony and may face harsh, life-altering penalties.