Recently in Felony Crimes Category

December 1, 2011

Black Friday Pepper Spray Incident Could Lead to Los Angeles Assault or Battery Charges


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.
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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" »

October 4, 2011

Witness Problems May Lead to Changes in Los Angeles Criminal Court


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.
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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" »

May 16, 2011

Ex-LAPD Detective Charged in Alleged Real Estate Scam


San Bernardino County authorities allege a former Los Angeles police detective is involved in a theft and securities fraud scheme that involves millions of dollars and many fellow officers, The Los Angeles Times reports.

While this case will get a lot of media attention because the defendant is a former cop, it should be noted that many white collar crimes in California are difficult to prove in court. While they may be easy to prove in the public arena, Los Angeles white collar attorneys know the extensive research needed to defend someone from these types of serious crimes.
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The Times article states the detective is charged with 10 felonies, including the sale of false investment securities, the sale of securities without a license and grand theft.
She is accused of violating state laws that establish the terms under which people can sell securities and real estate.

Prosecutors allege she illegally assured investors she would sell a piece of her own property to reimburse them if deals went sour. She also allegedly lied to investors about investment properties being secured by official deeds or trusts. Investors were promised a high rate of return, but they received nothing.

The detective said, according to The Times, she was duped by a 70-year-old bishop of a South Los Angeles church, who was arrested on an unrelated fraud charge. She said the bishop persuaded her to give him the cash she raised to help him catch up on payments on his church and other properties.

Los Angeles theft cases involving real estate can be especially tricky because the entire premise of investments is that they can go bad. With the country trying to bounce back from a recession and people losing money left and right, it's not uncommon for investors who are left sour after a transaction to claim the person making the investments is a crook.

Also in white collar crimes, judges can order the defendant to pay back restitution if the state proves the crime. That's on top of possible prison time, probation and other conditions. These are serious charges and they should be handled by attorneys that have decades of experience handling Los Angeles white collar crimes.

Continue reading "Ex-LAPD Detective Charged in Alleged Real Estate Scam" »

May 9, 2011

Los Angeles Building Department Corruption and Bribery Probe Leads to Arrests


money in hand.jpgLos Angeles officials have expanded their investigation into allegations of corruption at the city's building department after two inspectors were arrested last month on suspicion of accepting bribes, according to the Los Angeles Times.

If you find yourself involved in a situation like this, consult a Los Angeles criminal defense attorney immediately. A well-qualified defense attorney can advise you about the legal rights and options you have in fighting these types of criminal charges. White-collar criminal charges in Los Angeles often involve defendants with little or no experience in the criminal justice system. As such, they frequently attempt to talk their way out of trouble or think that by cooperating with authorities they can avoid criminal charges. This is rarely, if ever, the case. Your best bet is to speak to a qualified criminal defense attorney as soon as possible.

A federal grand jury recently issued three subpoenas to the Department of Building and Safety as grand jurors are seeking personnel records for at least 11 current and former employees. The department is also the target of a lawsuit filed by University of Southern California fraternity Theta Xi that claims it faced retaliation after refusing to pay bribes to inspectors.

Officials initially believed the matter was limited to two men arrested last month, one of whom recently pleaded guilty to accepting $6,000 in bribes between November and January. He faces up to 10 years in a federal prison.

But a confidential informant told the FBI that bribes are a "systematic" problem at the department where not only cash, but free labor, materials and a vacation were needed for favor. The department employs more than 300 inspectors.

In a recorded exchange with one of the men, he told an undercover agent that he normally demanded $2,000 to sign off on a building permit. But because the construction project under discussion was on 97th Street, and outside of his territory, Gonzalez said he would need $2,500 so he could pay a "tribute" to the building inspector responsible for that address.

The Theta XI lawsuit alleges that one inspector failed the Greek organization's plumbing inspection 20 times after his request for a "bribe" was rebuffed. Approvals were held up as a result, the lawsuit states. Court documents also allege the inspector requested unnecessary blueprints and required the plumber to redo work that had been done correctly the first time.

Continue reading "Los Angeles Building Department Corruption and Bribery Probe Leads to Arrests" »

February 18, 2011

Federal mail fraud and conspiracy charges alleged in California military theft case


A U.S. Marine captain has been sentenced to six years in prison after pleading guilty to fraud charges involving government contracts in Iraq, Reuters News reported.

A Los Angeles criminal defense lawyer should always be consulted when fraud against the government is alleged. These are typically complex cases and an attorney experienced with handling federal theft crimes in Los Angeles should be consulted at the earliest stage possible.
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In this case, the Marine captain, who was assigned to Camp Pendleton in Southern California, was convicted of conspiracy to commit wire fraud and filing a false tax return with the Internal Revenue Service. He was convicted of skimming $1.7 million from government contracts.

Federal conspiracy and wire fraud charges are particularly complex. In most cases, no crime needs to have been committed -- the government must only prove intent. Wire fraud may involve the mail, telephone or electronic forms of communications, such as fax or e-mail.

The defendant's wife also pleaded guilty to a tax offense and faces three years in prison at her sentencing next month. The government contended that the 40-year-old Marine used his position to steer business to an Iraqi contractor.

The government reports the scheme cost the U.S. Department of Defense $1.69 million and the IRS $450,000 in unpaid taxes. Government investigators seized two California properties, two luxury vehicles and $40,000 in cash as part of the investigation.

"The (defendants) defrauded U.S. taxpayers, cheated the Iraqi people and betrayed the trust placed in them," said Stuart Bowen, attorney for the Special Inspector General for Iraq Reconstruction.

Continue reading "Federal mail fraud and conspiracy charges alleged in California military theft case" »

September 9, 2009

Probation Violations - What Happens If You Break the Rules?


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.

August 17, 2009

Fraud - Investor Cons Increasing


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

June 19, 2009

Robbery - Los Angeles Pot Store Robbed


A Los Angeles medical marijuana store was robbed late last night. Robbers wearing ski masks and waving guns barged into the Gourmet Green Room around 11 p.m. Thursday, June 18, demanding cash and pot. The three armed men made off with $15,000 in cash and an undisclosed amount of marijuana, escaping in a silver Cadillac driven by a fourth man. While customers were present during the holdup, no one was hurt. Police are investigating a possible link to another pot store robbery in L.A.'s San Fernando Valley.

Medicinal marijuana may be legal in California, but robbery is not. "Robbery is the taking of property from another against their will by means of force or fear," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Robbery is a serious crime in the state of California and is charged as a felony. A conviction for robbery adds a "strike" to your record under California's harsh Three Strikes Law. The use of guns during the commission of a robbery increases the seriousness of the crime and adds stringent penalties if the perpetrator is convicted and sentenced.

Criminal defense lawyer Rodriguez offers this advice if you are caught in a robbery or other theft in the Los Angeles area:

  • Contact an experienced Los Angeles criminal defense lawyer like Stephen Rodriguez as soon as possible so your rights will be protected right from the start.

  • Gather all witnesses and facts surrounding the accusations so your attorney can thoroughly evaluate your case and determine the most effective course of action.

  • Discuss the legal defense process with your attorney. Stephen Rodriguez will explain each step in the defense process, describe what your attorney will be doing, and tell you what you need to do.

  • Communicate all information about the case to your attorney. Give your lawyer a complete picture of your past criminal record, present living conditions, medical history or needs, financial status, employment, citizenship and anything else that may affect your case. Be honest with your lawyer. The more information your attorney has, the better he will be able to defend you. Remember, information you provide to your attorney is privileged and cannot be used against you.

  • Follow your attorney's instructions. Do not volunteer information to the authorities. If in doubt about anything, check with your attorney first.

June 5, 2009

Theft - Economic Woes Lure Unlikely Crooks


A respectable family man, father of four, church deacon, soccer coach and community volunteer put on a wig and mask, took his gun out of the nightstand and tried to rob a bank before surrendering to police. A music minister used a handgun to force tellers to clean out their cash drawers then led police on a high-speed chase before surrendering. A policeman, pillar of his community and former high school valedictorian was arrested for robbing his hometown bank.

Armed robbery is the most dramatic, but burglary, theft and shoplifting are also on the rise. What's unusual is that the crime wave is being committed by the most unlikely crooks, upstanding citizens who have fallen on such hard financial times that theft seems to be the only way out. In each of the cases noted above, the individual charged had fallen into a deep financial hole. Desperation driven by the poor economy, job loss or threat of foreclosure seemed to push each person over the edge from law-abiding citizen to wanted criminal.

Recent robberies committed through Craigslist ads are another example of recession-driven crime. Across the country people have been lured by Craigslist bargains only to be robbed when they show up, cash in hand, to purchase the bogus merchandise. Law enforcement officers offer the following tips for avoiding becoming the victim of an online theft scam:

  • Keep control the meeting location by choosing the place and time.

  • Meet in a public place with other people around.

  • Transact business during daylight hours.

  • Never go to the meeting site alone.

  • Never take cash. Take a personal check, money order or use an online payment service like PayPal.

  • If it seems too good to be true, it probably is!
In California theft is a serious crime and armed robbery can result in prison time, restitution, and loss of professional certificates and licenses. Even if life feels desperate, theft "comes with a lifetime of social judgment," warns experienced Los Angeles criminal defense attorney Stephen Rodriquez. "Trust cannot be bought. In all circles, honesty is highly valued. A criminal record of theft charges is hard to shake."

If you are charged with theft or robbery, the early hiring of a skilled Los Angeles criminal defense attorney is crucial. An experienced theft defense attorney like Stephen Rodriguez understands the potential life-changing effect a theft charge can have and will provide the aggressive defense you need. An expert criminal defense attorney may even be able to arrange alternative sentencing so that you can avoid going to jail. If you have been charged with a theft crime, contact Stephen Rodriguez & Associates for a free evaluation of your case.

May 18, 2009

Murder - DNA Exposes Serial Killer


Los Angeles police recently charged a 72-year-old insurance claims adjuster with the murder of two women in the 1970s and say he may have committed at least 30 rape/murders since the 1970s. Los Angeles' most prolific serial killer, Floyd Thomas, a twice-convicted sexual offender, was exposed when a sample of his DNA was taken as part of California's initiative to build a sex offender database. In and out of jail since the late-1950s for rape, sexual assault and burglary, Thomas preyed on elderly women, raping and strangling them to death.

Despite protests from privacy advocates, the FBI and 15 states -- including California -- collect DNA samples from people arrested or detained. Previously, DNA collection used to be limited to convicted felons, but there is a growing movement in law enforcement to collect DNA samples from anyone arrested, the innocent and guilty alike. Proponents argue that DNA sampling is no more invasive than fingerprinting. In fact, some law enforcement officials envision a day when a national database will hold the DNA of every citizen. They argue that DNA databases are already being used to solve crimes that have been in cold case files for years.

"DNA databases were built initially to deal with violent sexual crimes and homicides -- a very limited number of crimes," Harry Levine, City University of New York professor of sociology, recently told reporter Solomon Moore of the New York Times. "Over time, more and more crimes of decreasing severity have been added to the database."

Favoring the argument that criminal acts reduce individual rights, courts have generally upheld laws that authorize the compulsory collection of DNA. However, a congressional report warns that courts "have not fully considered the legal implications of recent extension of DNA collection." Opponents are concerned that DNA samples are being taken without relevance to the crime committed. Laws governing DNA collection vary from state to state and have allowed DNA collection for everything from serious felonies like murder and sexual assault to minor misdemeanors like shoplifting.

If you are questioned by police or arrested in Los Angeles, you need to hire a skilled and aggressive criminal defense attorney immediately to protect your rights. "The incriminating statements you make during a police investigation are powerful weapons in a prosecutor's hands," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. His advice: "Do not give any statements to the police without an experienced Los Angeles criminal defense attorney at your side." Until your attorney is there to advise you, Rodriguez tells his clients, "The best strategy is to exercise your constitutional right to remain silent." Do not voluntarily submit to a DNA or any other test without your attorney's consent.

May 8, 2009

Kidnapping - Reward Offered for Abducted Boy


Home invasion, robbery, kidnapping -- the horrific story playing out in San Bernardino, California, 60 miles east of Los Angeles, has authorities asking the public for help. Between San Bernardino County and the FBI, a $50,000 reward is now being offered for information in the violent kidnapping of 3-year-old Briant Rodriguez.

Armed Hispanic gunmen kidnapped the boy during a 20-minute armed invasion of the Rodriguez home in which they ransacked the house, stole money and property, and terrorized Briant, four of his siblings and the children's mother, Maria Millan. The gunmen tied up Millan and the other children before taking Briant away. His mother said the gunmen threatened to kill her son, but no ransom demands have yet been received. No motive is known for the kidnapping, although police are exploring a potential tie to Mexican organized crime.

Violent kidnappings like that of the Rodriguez child are rare, law enforcement officers report. Most kidnappings involving children stem from divorce and child custody issues. "Every year over 200,000 children are taken by a family member, usually a parent without legal custody," said expert Los Angeles criminal defense attorney Stephen Rodriguez (no relation to the kidnapped boy). Called parental kidnapping, taking your child in violation of custody orders is a serious crime in California. "Any person who does not have the right to custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from a person having legal custody, if convicted, could spend time in jail and even state prison," Rodriguez warns.

In the state of California, kidnapping of minors under the age of 14 is punishable by up to 11 years in state prison. When kidnapping is committed for ransom or robbery, it is called aggravated kidnapping and is punishable by life in prison without the possibility of parole. If the victim suffers bodily harm or is killed, the perpetrators will spend the rest of their lives in prison without any chance of parole. Because kidnapping is a Three Strikes crime in California, felony conviction can result in onerous doubled and life sentences.

If you are charged with parental kidnapping, it is critical that you immediately contact an experienced criminal defense lawyer to protect your rights. Many defenses are possible, including consent and lack of intent. The experienced criminal defense attorneys at Rodriguez, Lewis & Kahn can advise you of your rights and prepare an aggressive defense to protect them.

April 15, 2009

Rape, Murder of 8-Year-Old Shocks California Town


In a case that defies understanding, 28-year-old Melissa Huckaby was charged yesterday with the kidnapping, rape and murder of her daughter's 8-year-old playmate. Sandra Cantu's body was found stuffed in a suitcase and dumped in a pond not far from her Stockton, California home. The suitcase has been identified as belonging to Huckaby. Huckaby, a Sunday school teacher and granddaughter of a local Baptist minister, cried as the judge read the charges. If convicted of all counts, Huckaby could face the death penalty or life in prison without parole.

Members of this small northern California community are shocked. While Huckaby has not yet entered a plea, she told a reporter the suitcase in which Cantu was found is hers, although she said the suitcase had been stolen the day before Cantu disappeared. Huckaby was arrested hours after that interview. Cantu was last seen on a surveillance camera video playing outside the mobile home park where her family lived just five doors from the mobile home Huckaby and her daughter share with her grandparents. A 10-day search for the girl ended on April 6 when farm workers found the suitcase containing Cantu's body in an irrigation pond.

Huckaby's family described her to the press as a loving mother with a strong religious background and seemed particularly distressed by reports that Cantu was raped with a foreign object. Tragically, it is doubtful that Megan's Law could have helped prevent the rape and murder of little Sandra Cantu. Megan's Law "requires convicted sex offenders to register with their local law enforcement agency," explained expert Los Angeles criminal defense attorney Stephen Rodriguez. Huckaby has no known prior record of sexual predation and was not required to register as a sexual offender.

The Cantu case points out one of the major problems with Megan's Law. The law helps parents keep their children safe only from known and registered sex offenders. There is no protection against first-time or undiscovered sexual predators until after they have harmed a child and been convicted of the crime. In California, convicted sex offenders must register with law enforcement agencies within 5 days of being released from prison and any time they change their address or name. They are also required to update registration information every year, defense attorney Rodriguez noted, adding that the most violent predators may be required to update their information more frequently.

As a service to the public, the law offices of experienced Los Angeles criminal defense lawyers Rodriguez, Lewis & Kahn maintain a helpful Megan's Law webpage with useful information about Megan's Law and helpful links to registered sex offender databases in California and throughout the U.S.

April 13, 2009

California No. 1 in Auto Thefts


California topped the charts again this year, first in the nation in car thefts. In the 2008 National Insurance Crime Bureau (NICB) report released today, vehicle thefts declined for the fifth straight year in the U.S., except in California and a few other states. The report noted that the majority of increased car thefts occurred in states that border Mexico.

California cities took 6 of the top 10 rankings in cars stolen in 2008, earning the state the dubious distinction of being No. 1 in total auto thefts. Here's the NICB list:

  1. Modesto, CA (also first in 2007)

  2. Laredo, TX

  3. Yakima, WA

  4. San Diego/Carlsbad/San Marcos, CA

  5. Bakersfield, CA

  6. Stockton, CA

  7. Las Vegas/Paradis, NV

  8. Albuquerque, NM

  9. San Francisco/Oakland/Fremont, CA

  10. Fesno, CA
Stealing a car, called Grand Theft Auto, is a serious crime in California. For grand theft auto to be charged, the vehicle stolen must be valued at more than $400, said veteran Los Angeles criminal defense attorney Stephen Rodriguez. Rodriguez explained that under California law grand theft auto can be charged either as a felony under California Penal Code Section 487(d) or as a misdemeanor when the defendant has no prior convictions under California Vehicle Code Section 10851. Conviction of felony theft can result in 16 months to 3 years in state prison. A misdemeanor conviction can bring up to a year in county jail, restitution, fines, community service and three years of formal probation. Conviction of more than one count of grand theft auto can impose California's harsh Three Strikes Law which can double sentences, criminal defense lawyer Rodriguez warned.

To protect yourself from auto theft, the National Insurance Crime Bureau recommends the following actions:

  • Remove your keys from the ignition when you leave your car.

  • Lock your doors and close your windows as soon as you enter your car.

  • Park your car only in well-lit areas, preferably near pedestrian and vehicle traffic.

  • Ask for an escort to your car when you leave an establishment late at night.

  • Install a visible or audible warning device in your vehicle to alert thieves that your vehicle is protected.

  • Use an immobilizing device in your vehicle that prevents thieves from hot-wiring the ignition.

  • Install a tracking device in your vehicle to assist police in locating your car if it is stolen.

April 8, 2009

Los Angeles Jewelry Theft Ring Arrested on East Coast


Members of a Los Angeles-based jewelry theft ring were arrested and jailed in New Jersey Monday. Six men, all with California addresses, were arrested for the robbery of an Indiana jewelry merchant after a nationwide manhunt that radiated from the scene of the crime in central Ohio.

In a well organized robbery that Ohio law enforcement officials termed "highly professional," thieves followed and attacked a jeweler carrying more than $1 million worth of jewelry. In Columbus, Ohio for a jewelry show, the jeweler was waiting in his locked and running SUV while his wife and daughter went inside a local restaurant to eat. Robbers surprised the jeweler, blocking his escape with their getaway car, smashing the side and rear windows of the SUV and threatening the man. They made off with an undisclosed amount of jewelry that included diamonds, rubies, gold rings and necklaces, according to the police report. The jeweler, who was licensed to carry a gun, fired several shots at the fleeing robbers before calling police.

With the cost of gold and silver skyrocketing, jewelers are even bigger targets than before. FBI agents working the case said jewelry thefts are on the rise and have been increasingly tied to South American organized-crime rings. U.S. jewelers lose more than $100 million to thieves every year. While most large-scale jewelers hire private security firms and armored cars to transport gems to and from shows, small jewelers can't afford the cost. The rule of thumb in the jewelry trade is only attend shows within a gas-tank of home, never carry your best pieces, and never stop until you reach your destination. Police speculate that the jeweler was targeted by theft ring scouts inside the jewelry show and followed.

Law enforcement officers in Los Angeles, Ohio and New Jersey cooperated in the capture of the LA-based robbery ring. Proceedings are under way to extradite the six defendants to Ohio.

In Los Angeles, robbery is a serious criminal offense. A robbery conviction can be punishable by 2 to 9 years in state prison, depending upon the seriousness of the crime and the value of the goods stolen. Use of a gun during robbery adds 10 years to the defendant's sentence; and discharge of a gun increases the sentence by 20 years. To learn more about robbery and its penalties in California, visit the website of experienced Los Angeles criminal defense attorneys Rodriguez, Lewis & Kahn.

April 6, 2009

Woman Charged in Deadly LA Hit and Run


Los Angeles police have arrested a woman and charged her with the hit and run death of a University of Southern California student and injury of a second student. Last week, Claudia Cabrera, 30, was arrested by LAPD on charges of gross vehicular manslaughter. She is being held on $1 million bail in the Van Nuys women's jail. The hit and run case has shocked Los Angeles by its very callousness. According to multiple witnesses, the driver stopped only long enough for a passenger to exit the car and pull one of the students off the windshield.

At a widely reported press conference, LAPD First Assistant Chief Jim McDonnell said Cabrera was driving with a suspended license for failure to pay a ticket issued for a routine traffic violation. Besides the unnamed passenger, Cabrera's 7-month-old son was also in the car. Police are seeking Cabrera's husband, Josue Luna, as a person of interest.

Killed as 18-year-old Adrianna Bachn of Santa Barbara. Marcus Garfinkle, 19, of Scottsdale, Arizona was seriously injured when Cabrera's sedan ran a red light and struck the two students in the early morning hours as they walked back to their residence halls. Garfinkle, who was pulled off the windshield and left in the gutter, suffered two broken legs and additional injuries.

Rewards totaling $235,000 are being offered by Los Angeles, the county and USC for information that leads to arrests and convictions in the case.

It is the legal responsibility of any individual involved in an accident to stop and exchange driver documentation, said expert Los Angeles criminal defense attorney Stephen Rodriguez. Leaving the scene of an accident before doing so is considered hit and run in California and may carry criminal charges. The responsibility to exchange information applies whether the accident involves a pedestrian, moving car, parked car or someone's property. It applies even if the accident was not your fault, Rodriguez explained.

When a hit and run accident involves death or serious bodily injury, as in the USC hit and run case, "California law requires the driver to render reasonable aid to the injured person," Rodriguez said. If a death occurs, the driver must report the accident immediately to the nearest police station or Department of California Highway Patrol office.

For more information on hit and run crimes and criminal charges in Los Angeles, visit the website of Stephen G. Rodriquez & Associates.