Los Angeles Criminal Defense Lawyer Blog

Throughout California, federal and state authorities have been attempting for years to combat gang activity and membership. Gang activity can be quite varied, involving everything from tagging (graffiti) to murder and drug trafficking. Combating gangs is difficult in part because communities often live in fear of being targeted by gangs if they interfere. Those involved in gangs are not interesting in talking to police because they may be closer to their fellow gang members than their families.

Another challenge is that gang members can be extradited from the United States if they're not citizens. Various Central and South American gangs have members living in the United States and if arrested, the authorities will most likely look to extradite the accused.

Regardless of these realities, in 2008 authorities throughout Los Angeles, San Francisco and the rest of California have worked to stop the spread of gang activity. For example, this past week, federal prosecutors in San Francisco indicted 29 people with alleged connections to the notorious street gang MS-13. Prosecutors say the defendants were involved in crimes including drug and firearms trafficking, attempted murder, robbery, and assault.

The indictment comes a day after officials announced arrests from federal raids in the Bay Area. MS-13 is also known as Mara Salvatrucha (MAHR'-uh sahl-vuh-TROO'-chuh) and has roots in El Salvador. The MS-13 gang, aka Mara Salvatrucha 13, is one of the most violently dangerous gangs in the United States - and one of the most organized. The MS-13 gang has cliques, or factions, located throughout the United States and is unique in that it retains is ties to its El Salvador counterparts. With cliques in California, Washington DC, Oregon, Alaska, Arkansas, Texas, Nevada, Utah, Oklahoma, Illinois, Michigan, New York, Maryland, Virginia, Georgia, Florida, Canada, El Salvador, Guatemala, Mexico, and several other South American countries, the MS-13 gang is truly "international" and on the verge of becoming the first gang to be categorized as an "organized crime" entity.

On June 22, 2008, in San Francisco, California, a 21-year old MS-13 gang member, Edwin Ramos, shot and killed a father, Tony, 48, and his two sons Michael, 20, and Matthew, 16, after their car briefly blocked Ramos from completing a left turn down a narrow street.

If you or someone you know has been implicated in a gang related crime, contact the attorneys at Rodriguez, Lewis & Kahn. If you are being charged with a misdemeanor or felony offense you may need to consult with a criminal defense attorney. Both misdemeanors and felonies have the potential for jail time and probation. Misdemeanors are generally regarded as less serious crimes, but nevertheless require an aggressive defense as they carry a potential jail sentence of up to 1 year in county jail. Felonies are the most serious category of crimes that which carry a potential county jail or state prison sentence.

El sitio web de Stephen Rodríguez y Asociados ha sido diseñado para la comodidad de aquellos individuos que han sido acusados de un delito y necesitan representación legal. Consulte el sitio web para obtener más información sobre Stephen Rodríguez y Asociados y sobre cómo le podemos ayudar en la defensa de su caso penal.

Often a person commits a crime in one state, then flees to another state or country where he is discovered and arrested. The process of returning the fugitive to the state or country where the crime was committed so he can stand trial is called extradition.

The 2006 arrest of Duane Dog Chapman, star of the A&E reality series Dog the Bounty Hunter, for extradition to Mexico is one of the more flamboyant examples of extradition. In late 2006 U.S. Marshalls arrested the bounty hunter and two others members of his team in relation to his 2003 capture and return to the U.S. of Max Factor cosmetics heir Andrew Luster who was wanted in the U.S. for drugging and raping numerous women. Thanks to Dog, Luster is in jail, serving a 124-year sentence for serial rape. Unfortunately for Dog, bounty hunting is illegal in Mexico. After more than a year of high profile legal wrangling, the charges were dropped in 2007 and extradition was cancelled.

California recognizes two kinds of extradition:

• When a fugitive is arrested in California but the crime occurred in another U.S. state, and


• When a fugitive is arrested in another state for a crime committed in California.

The individual may have fled the state in which the crime was committed to seek asylum in another state. Sometimes, however, an individual is arrested and does not know he is wanted for a crime in another state. In either instance, California laws protect wanted fugitives charged with extradition. Before extradition can take place, a number of legal proceedings occur to protect the rights of the accused and ensure that extradition is valid. These proceedings take time and the accused is usually jailed during that time.

With the help of a skilled extradition attorney, you can fight extradition. Not only can you fight the extradition, but you can challenge the original charges. Defense of an extradition case generally focuses on:

• validity of the documents filed by the prosecutor, and/or


• proof of identity procedures.

A criminal defense attorney may also negotiate with the wanting state (the state that issued the extradition order) to resolve the case prior to extradition.

You can't fight extradition without the help of a skilled California criminal defense attorney experienced in extradition law. The extradition process is long and complicated. You could be sitting in jail for 1 to 3 months before extradition paperwork is even processed. If you are arrested in an extradition proceeding, contact a lawyer immediately.

-LegalPro

A respected Carmel Valley mother sits in prison awaiting extradition to Michigan. In what must seem like another lifetime, she was sentenced to serve 10 to 20 years in prison for selling heroin in Saginaw, Michigan. Eight months into her sentence, she escaped over a barbed wire fence. She was 20 years old.

Now 53, Susan LeFevre is being ripped from her husband and three children and the law-abiding life she has lived in upscale North County to serve out the rest of her jail term in Michigan. Her chances for clemency from Michigan's hard line governor are slim, legal experts say.

Just out of high school, LeFevre was one of many 1970 teens who dabbled in the drug culture, using and sometimes dealing. She was arrested at age 19 during a state police crackdown on drug dealers. At the time of her sentencing, drug sentences of 20 years were common. After her escape, LeFevre changed her name and fled to California where she lived for more than 30 years waiting for "the ax to fall" until officers appeared at her door. It's a "nightmare," said the mom and avid volunteer at several nonprofits.

Extradition is the process of returning a fugitive wanted for a crime in another state to that state to face criminal charges or serve a sentence. California recognizes two types of extradition cases:

• An individual arrested in California for a crime that occurred in another state, as in LeFevre's case.


• An individual arrested for a crime committed in California who is now living in another state to seek asylum.

California laws protect wanted fugitives charged with extradition. Legal proceedings to ensure that the extradition is valid protect the accused wanted criminal before an extradition arrest can occur. The fugitive often must wait out these sometimes lengthy proceedings in jail. A criminal defense attorney can help a fugitive fight an extradition proceeding. The validity of the documents filed by the prosecutor and vague or incorrect proof of identity procedures are two areas on which extradition can be fought.

-LegalPro