Los Angeles Criminal Defense Lawyer Blog

The Los Angeles Times recently reported about a crackdown on teens who were allegedly responsible for more than 1,600 pieces of graffiti vandalism throughout Los Angeles County.

Eight teens were arrested after search warrants were obtained for houses in several southwest Los Angeles County homes. Eight people, including one juvenile, were arrested and charged with being responsible for more than $100,000 in vandalism to schools, buses and rail systems, the Los Angeles County Sheriff's Department says.

Our Los Angeles Criminal Defense Attorneys note that, while graffiti is often seen as a petty crime, authorities in this case have slapped the defendants with six figures in damage claims. Los Angeles Juvenile Crimes can cause long-term problems for our teenagers, if they aren't properly represented in court.

According to the newspaper, the case grew out of a task force formed in July to attack tagging vandalism on Metro and Los Angeles Unified School District property, the sheriff's department said. The tagging crew was formed about eight years ago, but deputies say they tracked the crew using a database that keeps track of graffiti throughout the county.

Tagging crews are generally considered gangs and can be a gateway to gang-related activity and violence.

In California, law enforcement and prosecutors are able to enhance penalties against those charged with gang-related crimes, if they are able to prove that an alleged crime occurred and that it was the result of a planned gang activity. These enhancements can add years to a possible prison sentence.

While gangs can apply to people of any age, juvenile crimes apply to those who are 17 years or younger. The intention of the juvenile justice system is to rehabilitate the defendant, not punish them for the crime they have committed.

But not all juveniles are put into the juvenile system. The state has the discretion to charge some juveniles as adults, depending on the severity of the crime and the defendant's criminal history.

An experienced and aggressive Los Angeles Criminal Defense Attorney can work to persuade a prosecutor that the juvenile deserves to be put into the juvenile system rather than the criminal system, depending on the circumstances. This is beneficial to the teenager because they face work camps and community service and other less-serious punishments rather than spending time in jail and prison with hardened criminals.

The penalties a juvenile faces not only include what the justice system imposes, but also can lead to long-term consequences. A criminal conviction can prevent students from graduating high school, keep them out of being qualified for scholarships or entry into college or the armed forces.

That's why aggressively fighting the charges is so important for juveniles, in order to make sure they can live productive lives. A diligent criminal defense attorney will challenge all aspects of a case, including the witnesses, reports and other evidence the state attempts to introduce at trial.

Continue reading "Arrests of L.A. County Tagging Crew Members Highlights Need for Juvenile, Gang Defense" »

A 19-year-old has been arrested in charged with capital murder in the shooting deaths of two young men at a park recently, NBC News reports.

Los Angeles Criminal Defense Lawyers have seen the way that gun violence and gang activity can result in a young person spending decades behind bars. And we believe that providing an aggressive defense to charges of gang violence and murder in Los Angeles is important to making sure these young men get a fair trial.

In the recent case, the 19-year-old is accused of gunning down an 18-year-old and a 21-year-old who were watching a softball game. Police said the suspect is a documented gang member but they're not sure, or won't say, what the motive may have been for the shooting.

The teen faces two counts of murder, three counts of attempted murder and one count each of street terrorism and possession of a firearm by a convicted felon. Under California law, charges can be enhanced and additional penalties levied if a person is convicted and the state proves it was based on a gang agenda.

California Penal Code 187 defines murder in California, which is punishable by decades in prison up to life, and possibly the death penalty.

Police, prosecutors and judges take seriously not only murder charges, but also allegations of gang-related violence, which has plagued Los Angeles for decades. Therefore, they will look for steep penalties and less-than-favorable plea offers in cases like this.

According to FBI statistics from 2009, there were 121,369 arrests that year for what the agency deems "violent" crimes. More than 10 percent of those crimes were committed by teenagers younger than 18. And that same year, there were 1,972 murders, tops in the country. Texas was second with 1,325. That was actually a drop from 2008, when there were 2,142 murders in California.

The FBI, in 2009, labeled 180 of the killings related to gangs and 715 of the killings juvenile gang related nationwide. That is based on the 13,636 murder victims across the country.

But every case is different and despite the allegations, the state must prove the charges beyond a reasonable doubt. An arrest isn't proof of guilt, but only of law enforcement's detectives' beliefs of who may have committed the crime.

An aggressive Los Angeles Criminal Defense Attorney will look at all aspects of the case, including eye witness accounts, ballistics evidence, DNA evidence if a weapon is recovered and even a statement by the suspect. All of these can be challenged and not just by what they reveal, but also how police handled the investigation.

Police, like many other professions, must follow rules and procedures set by their departments and court rulings. Therefore, not following the rules can lead to evidence being tossed out of a case, even one as serious as this. A dedicated lawyer will study the entire case and file motions on behalf of the defendant, taking the time to fully prepare a defense strategy.

Continue reading "Teen Charged in Gang-Related Venice Park Murder" »

An 18-year-old has been charged with two counts of murder and two counts of attempted murder in the May shooting deaths of a 2-year-old boy and his uncle, The Los Angeles Times reports.

Los Angeles Criminal Defense Lawyers recognize the outrage that charges like these bring in the community, but we also understand and believe that everyone deserves their day in court and the state must have proof beyond a reasonable doubt. Los Angeles murder charges are the most serious in the criminal justice system and therefore require the most diligent defense representation.

Police believe the young man intended to shoot at rival gang members, but the bullets hit the boy and his uncle outside their family home in the 1200 block of East 55th Street in South Los Angeles. The news report doesn't offer details about how police connected the man, who was arrested three weeks after the incident, to the shooting.

Under California Penal Code 187, the statute for murder, murder can be punishable by 25 years to life. But gang-related crimes can be punishable by death. California Penal Code 190.2 states, in part:

"The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang."

If prosecutors are able to meet that burden of proof, a defendant can face life or even the death penalty. According to the California Department of Corrections and Rehabilitation, there are 714 inmates facing the death penalty in California, with 219 from Los Angeles County.

Also in California, crimes other than murder can be punished with additional years in prison if the state can prove the defendant's actions came as the result of gang-related activity. Under California Penal Code 186.22, the defendant can serve an additional 10 years on top of whatever the normal punishment is for the crime.

Both murder and gang-related charges are serious and must be defended aggressively. This means trying to suppress key evidence, such as statements, ballistics results, eye witness accounts, DNA or other pieces of proof that could be detrimental to the case. Testing the defendant's competency to stand trial and other matters may also be relevant to the defense.

In California, there are five types of homicides: first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter and a lawful killing. All of these have different elements that must be met to prove them and exploring the elements of the less-serious of those charges may be beneficial in working out a plea agreement, if that is in the best interest of the client.

Voluntary manslaughter, for instance, means killing someone in a "sudden heat of passion" in response to a legally adequate provocation and can be punished by 3 to 11 years in prison. Involuntary manslaughter, however, is unintentionally killing someone through negligence or while committing a misdemeanor. This can be punished by anywhere from a year in jail to 4 years in prison.

While these charges all require some incarceration time, they are much more beneficial to a defendant than 25 years to death. But it's also possible that the defendant is completely innocent or police don't have enough evidence to prove beyond all reasonable doubt that the person committed the crime. In situations like that, our firm will take the case to trial and argue with passion against a conviction.

Continue reading "Alleged Gang Member Arrested in South L.A. Fatal Shooting" »

A recent massive 51-person federal indictment was handed down against members of the Azusa 13 street gang, alleging harassment and violence against African Americans, The Los Angeles Times reports.

As in many crimes where money, property or something of value was purchased with proceeds from the crime, prosecutors could attempt to go after the defendant after a conviction in what's called a forfeiture proceeding in Los Angeles. These are often separate, civil filings that require a tough Los Angeles Criminal Defense Attorney to fend off the state. Because they are often separate, defending your rights to your property requires a separate defense action.

Many times, forfeitures and seizures of property happen if you haven't even been charged with a crime. Police can take your house, car, cash and boat and can keep it as long as they want, unless you file a claim to get it back.

In the Azusa 13 case, news reports indicate the harassment and violence against blacks was designed to monopolize drug sales in the city as directed by leaders of the Mexican Mafia prison gang. Among other charges, the 24-count indictment includes allegations under RICO, the Racketeering Influenced and Corrupt Organization Act.

RICO charges were originally used to prosecute those involved in organized crime, but have been used more recently in gang-related cases and white-collar crime. It gives prosecutors the ability to prove guilt by association, but it also opens up the possibility of forfeiture proceedings.

A RICO case in Los Angeles was detailed in a posting by Los Angeles Criminal Defense Lawyer Blog when dozens of gang members were arrested in connection with crimes related to murder, drug trafficking and racketeering in February.

Under California law and federal law, prosecutors have leeway to try to prove that anything purchased was a derivative of racketeering. For instance, if someone is charged with racketeering as part of a business and bought a home, a house, a boat and other property, the government can attempt to take all of it away if they can prove to a judge it was purchased with ill-gotten funds.

And while a family member may have bought the property with their own money, it could get swept up in a forfeiture proceeding. That's why hiring an experienced Los Angeles federal crimes lawyer can help you not only defend the original charge, but also the forfeiture the government may come at you with next.

Both California law and federal law is very complex and far-reaching in this area. Both contain dozens of examples of types of property that may be seized, what the exceptions are and the time limits for which a person can try to defend themselves. Hiring forensic accountants could be critical to proving whether ill-gotten funds were used to buy the possessions the government wants to take from you. But this can't be done alone.

Continue reading "51 Los Angeles Gang Member Indictment For Racketeering Could Lead to Forfeiture Proceeding" »

The U.S. Department of Justice has unsealed a criminal complaint charging 41 alleged gang members with numerous crimes in five states, UPI reported.

A Los Angeles defense lawyer should always be called to handle gang charges in L.A. Gang enhancements can significantly increase the penalties for current and future crimes. Additionally, being associated with a gang can result in more serious penalties for future criminal charges.

And convictions as a juvenile may count as a strike even in adulthood when determining sentencing under California's three-strikes law.

Charges include murder, racketeering and drug and firearm trafficking. Twenty-nine of the suspects were taken into custody on Wednesday. Additional arrests are expected, according to authorities.

"Gangs threaten the safety and stability of neighborhoods across our nation," said U.S. Assistant Attorney General Lanny A. Breuer of the Criminal Division. "Gangs spread fear in our communities, trading in guns, drugs, and violence, and they cause too many young people to choose lives of crime."

Twelve alleged members of the Colonias Chiques gang in Los Angeles were indicted, along with gang members in Kansas City, Law Vegas, Washington D.C., and Texas.

"Although these cases are in different parts of the country, they illustrate the common threats gang members pose to our communities," said Kevin Perkins, assistant director of the FBI's Criminal Investigative Division.

Continue reading "Los Angeles Gang Charges require Aggressive Defense " »

Two alleged gang members pleaded not guilty last week to extorting money from food-truck vendors, the L.A. Times reported.

Gang charges in Los Angeles always require an experienced L.A. criminal defense attorney. Gang enhancements can result in stiffer penalties for conviction. And being associated with a gang, even once, can result in legal problems for years to come. In many cases, prosecutors will attempt to push a gang connection where none exist -- associating with the wrong person or wearing the wrong colors can result in being tagged with an unwarranted gang affiliation.

In this case, two defendants are being accused of demanding $50 a week in rent from vendors in the area patrolled by the LAPD's 77th Street Station. Those who refused, were allegedly threatened. In one case, a large rock was thrown through the front window of a truck, according to the Los Angeles county district attorney's office.

Historically, gang members have been accused of extorting money from vendors, taxi drivers, drug dealers and prostitutes. Authorities also report that higher level gang members are protected by low-level members who collect the money.

The San Francisco Chronicle reported the two defendants, ages 19 and 24, pleaded not guilty to six counts of attempted extortion and one count each of vandalism. Bail in both cases was set at more than $250,000.

The Contra Costa Times reports the 19-year-old is also charged with two counts of criminal threats for allegedly using a handgun. Both defendants have previous criminal convictions, including robbery, vehicle theft and receiving stolen property.

Continue reading "Gang extortion charges filed in alleged shakedown of Los Angeles food vendors" »

Hundreds of law enforcement officers arrested 43 suspected gang members across the Antelope Valley this week as part of a crackdown on weapons and cocaine trafficking, the Los Angeles Times reported.

Los Angeles defense lawyers familiar with gang crimes, juvenile crimes and drug charges should represent these defendants.

Enhanced penalties are possible for many California crimes that are charged as gang crimes -- and often the state's attorney must do little more than prove association with a known or suspected gang member. A juvenile criminal record, particularly as a gang member, can have far-reaching consequences. In some cases, a juvenile may be charged as an adult. Charges may also count as a strike in adulthood. Strike charges can significantly increase the sentence for many types of crime and a third conviction can result in a life sentence.

The 43 suspects are allegedly members of a Pasadena-based street gang that includes branches in Antelope Valley, the Los Angeles Sheriff's Department reported. The investigation was launched last year after an alleged gang member shot and wounded a sheriff's deputy.

Warrants were served at 80 locations and some of those arrested were named in federal indictments issued Wednesday.

Defendants arrested in these types of large-scale raids should always exercise their rights to remain silent and should immediately seek the representation of an experienced defense lawyer. Often, cases resulting from such large raids are not very strong and law enforcement will use the arrests as a chance to get defendants to talk. Without the assistance of an experienced attorney, your statements to authorities may very well be some of the best evidence used against you in court.

Sometimes, those who have been through the system numerous times on drug charges will fail to understand the significance of federal drug charges. These charges always require an experienced Los Angeles federal defense lawyer. Those facing federal drug charge have a high-probability of spending significant time in prison if convicted.

Continue reading "Los Angeles gang crimes require aggressive defense of juveniles and other defendants after Los Angeles raid" »