Los Angeles Criminal Defense Lawyer Blog

A California appeals court rejected music producer Phil Spector's bid to overturn his 2009 murder conviction based on the prosecution calling a number of women who testified Spector had threatened them with guns in the past, The Associated Press reports.

A three-member panel of the state 2nd District Court of Appeal affirmed Spector's conviction in an 81-page decision, rejecting a number of claims made, including that actress Lana Clarkson may have killed herself.

If you are convicted of any crime, you are entitled to an appeal. A competent Los Angeles criminal defense attorney is required to navigate the difficult area of appellate law.

A defendant's first appeal is extremely important because it addresses errors made by the trial judge, wrong use of the law, whether certain evidence introduced or statements made to the jury and other factors violated the defendant's rights. If you hire the wrong appellate attorney, it may be harmful to you. In California, an appeal must be filed within 60 days of the conviction.

Spector was convicted two years ago of shooting the actress to death at his Alhambra mansion in 2003. He's serving 19 years to life in prison on a second-degree murder conviction. His first trial ended in a hung jury; the second in conviction.

The judge panel also found there wasn't misconduct by the judge or prosecution at trial and that the testimony of five women who claimed Spector threatened them with guns was proper, even though some of the incidents dated back 30 years and Spector wasn't charged in those instances. The judges said the testimony showed a pattern of gun-related behavior.

The Spector case may be appealed to the California Supreme Court.

Under California law, the process of an appeal starts when a notice of appeal is filed in the court where the conviction or ruling is made. California's criminal appeal process is a unique and complex area of law and takes extensive research and preparation, which means it can take a year or more to complete.

Continue reading "Phil Spector Appeal Denied; What You Need to Know About Your Right to Appeal a Conviction in California" »

Here's a tip on what not to do if you get stopped by police. Police were summoned to an Ohio restaurant on a complaint that an intoxicated man was annoying customers. Police responded and, despite the belligerent man's insistence that he was OK to drive, convinced him to take a cab home. Certain he wasn't drunk -- "I always pace myself," the man later told a reporter -- the man borrowed his daughter's car and drove to the police station where he insisted on being given a Breathalyzer test. The man blew a 0.12% in a state where a blood-alcohol level of 0.08% is considered legally drunk. Police issued the man a citation for DUI (driving under the influence of alcohol). "I'm a knucklehead," the man said later.

You can say that again! If you are confronted by police officers, the last thing you want to do is ask for trouble. If you're stopped or arrested by police, there are 10 important things you should know about your rights that can help keep you out of jail, says expert Los Angeles criminal defense attorney Stephen Rodriguez:

1. Do not talk to anyone in law enforcement unless you have an attorney present, and then follow your attorney's advice. You do not have to answer a police officer's questions. You have a constitutional right to protect yourself from incrimination by refusing to answer questions or offer any explanations.


2. Do not agree to any search or turn anything over to law enforcement.


3. So not discuss your case with family, friends and particularly not with anyone you meet in jail. Information you share can and probably will be used against you.


4. Do not try to represent yourself. Only a fool has himself as a lawyer. Prosecuting attorneys are experienced experts in criminal law; you are not.


5. Talk to an experienced attorney who specializes in criminal defense before you go to court. You need an expert in criminal law on your side from the beginning.


6. Everything you tell your attorney is privileged information which means that it is confidential and cannot be used against you. Don't tie your attorney's hands; help him represent you effectively by telling him everything about your case.


7. Identify and help your attorney find any witnesses that may have information favorable to your case.


8. Never sign anything without talking to your attorney first.


9. Do not plead guilty.


10. Before you go to court, talk to the experienced criminal defense attorneys at Rodriguez, Lewis & Kahn. Schedule your free consultation today. It could make the difference between jail and freedom.

TV lawyers are always taking their cases to trial. Those emotional courtroom scenes make for high drama and good TV. What TV doesn't often show you are the long hours lawyers spend preparing for trial while their clients sit in limbo, often behind bars, awaiting the big day. They also don't show you the repeated delays and continuances that can drag a defendant's right to a speedy trial out into months of anxious waiting and needless expense. They don't usually show you when critical testimony or evidence is thrown out by the judge, evidence the defendant may have been counting on to prove his innocence.

Because TV likes to deal in heroes and villains, courtroom dramas rarely show you when a jury of allows their emotions to get in the way of a fair judgment and convicts someone unjustly. And TV doesn't show judges with their own personal ax to grind imposing overly harsh sentences on offenders. These things may not happen every time; but they do happen. Justice isn't always just. If it were, scores of jailed convicts wouldn't be exonerated and freed by DNA tests every year.

The truth of the matter is trials are a crap shoot. Most of the time, justice is served and the guilty are sentenced to serve reasonable sentences. But as a defendant, you can't count on it. Plea bargaining is a way to not only manage your criminal defense costs -- and for the state to manage prosecutors' costs -- but it also allows defendants to negotiate their sentence ahead of time.

Whether you're innocent or guilty, a plea bargain may be a defendant's cheapest and most effective way to settle a legal matter; but only if you are represented by an aggressive and experienced criminal defense attorney. Chose the wrong attorney, and you could find your rights bargained away. An expert criminal defense lawyer like Stephen Rodriguez who has considerable experience negotiating plea bargains with the Los Angeles prosecutor's office and the court has the knowledge and skills to aggressively negotiate a favorable plea bargain for his client. An experienced criminal defense attorney may be able to have the charges reduced or keep the defendant out of jail by negotiating alternative sentencing.

To find out more about plea bargaining and alternative sentencing, contact the Law Offices of Stephen R. Rodriguez in Los Angeles.

In America, an individual charged with a criminal act is entitled to be represented by a criminal defense attorney who can protect his legal rights and see that he receives a fair hearing or trial. In California, it is up to the prosecutor to prove every aspect of his case against a defendant. If an individual's criminal defense lawyer can show that the state has failed to prove every element of its case, the defendant is judged innocent of the crime and goes free.

Even when the prosecutor is able to prove his case, the California justice system allows the defendant's attorney the opportunity to challenge the conviction using an Affirmative Defense based either on Justification (see our March 25 post) or Excuse.

Excuse Defenses apply when the defendant makes a wrong choice because he is incapable of controlling his behavior, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. There are a number of excuse defenses available to a defendant's attorney:

• Duress can be used as a defense if the defendant committed the crime because of force or threats from another person. If the defendant acted out of fear for his life or fear that he would be seriously harmed, as long as the defendant did not recklessly place himself in such a position, duress can be used as a defense.


• Intoxication can be used to defend against crimes committed while the defendant was intoxicated that the individual would not have committed if sober.


• Diminished Capacity, while controversial and often difficult to prove, can be used as a defense when there is evidence that the defendant did not have the mental capacity to commit the crime.


• Insanity provides complete defense against a criminal charge but is only available if the defendant's mental disorder prevented him from knowing his actions were wrong.


• Entrapment can be used as a defense if the defendant was unfairly lured by law enforcement officers into committing a crime he would not otherwise have committed.


• Infancy excuses the acts of children under the age of 7 because they are too young to be criminally responsible for their actions. Infancy can be used as a defense up to age 14 in California, but the prosecutor has the right to argue against use of the infancy defense for children age 7 to 14.

It takes an experienced criminal defense attorney to successfully use an Affirmative Defense in Los Angeles courts. Los Angeles prosecutors are aggressive prosecutors of crime. If you are charged with a crime in the Los Angeles area or in California, contact the aggressive and effective criminal defense attorneys at the Law Offices of Stephen G. Rodriguez for a free consultation.

America's justice system is based on equal rights for all. The prosecution does not hold all the cards when an individual is charged with a crime. Criminal defense attorneys use a variety of defenses to protect the rights of the accused. In defending criminal charges in California, the most important thing to know, says expert Los Angeles criminal defense attorney Stephen Rodriguez, is that the prosecutor for the State of California must prove each and every element of the criminal offense. If the prosecutor fails to prove every element of his case against an individual, the defendant is judged innocent of the crime and goes free.

An astute criminal defense attorney has the knowledge and experience to effectively challenge the elements of the prosecutor's case. If the defense attorney can establish involuntary acts, mistake of fact, mistake of law, impossibility or abandonment/withdrawal, Rodriguez explains, he can effectively challenge the prosecutor's case. But even if the prosecutor is able to prove that the defendant committed a crime, the defendant's defense attorney can use an Affirmative Defense to challenge the conviction, says Rodriguez.

There are two affirmative defenses: Justification and Excuse.

Justification Defenses apply when the defendant's conduct is deemed justified under the circumstances. In other words, if the defendant acted properly in a threatening or dangerous situation, his actions are not judged to have broken the law. Justification defenses include: self defense, defense of others, defense of property, law enforcement defense and necessity. Law enforcement defense applies strictly to law enforcement officers and those acting on their behalf when force must be used to apprehend a criminal suspect.

The necessity defense is a "last-resort" defense, explains attorney Rodriguez, in which the criminal defense lawyer must prove that the defendant's actions meet four requirements: that the defendant faced a choice of evils, that there were no apparent legal alternatives to the action taken, that an immediate threat existed, and that the defendant chose the path of lesser harm. "And, of course," Rodriguez adds, "the defendant must not have caused the necessity."

Excuse Defenses can be used in California when the defendant makes a wrong choice because he is incapable of controlling his behavior, L.A. criminal defense attorney Rodriguez explains. Excuse defenses can include: duress, intoxication, diminished capacity, insanity, entrapment or infancy.

Well discuss excuse defenses in greater detail on Friday.

-Legal Pro

The penalties for murder or homicide conviction are so severe and life altering that every defendant deserves the very best defense the legal system can provide. Every week the press reports on men on women convicted of murder who are exonerated by new evidence or DNA tests after spending years behind bars. A recent federal study (see our March 18 post) challenges the validity of forensic methodology and evidence used to send thousands of individuals to prison in Los Angeles, California and across the U.S. When an individual is charged with murder or homicide, it is the job of the criminal defense attorney to investigate and challenge every charge, every witness, every piece of evidence and every action by law enforcement officers and prosecutors to ensure that his client receives a fair trial.

In addition to thoroughly investigating legal procedures, testimony and physical evidence, an expert criminal defense attorney will investigate a number of potential defenses when defending an individual against a charge of murder or homicide, says experienced Los Angeles criminal defense attorney Stephen Rodriguez. These include:

• Self defense. Homicide is considered justified if the defendant acted to protect himself or another person from being seriously injured. An expert criminal defense attorney may be able to have charges dropped if self defense can be proved.


• Mental capacity defense. Commonly called the "insanity defense," mental health issues, even when temporary, can prevent the defendant from developing the necessary intent required for a murder charge. This can allow an experienced criminal defense attorney to argue for a lesser charge and/or alternative sentencing.


• Manslaughter. If the defendant was provoked by the victim to the point of losing control and killed "in the heat of passion," an experienced criminal defense attorney can argue for reduction of the murder charge to manslaughter which carries a lesser sentence.


• False confession. Confessions obtained from witnesses through coercion, deception or threats can be used to falsely and maliciously convict an individual. An expert criminal defense attorney can discover and expose such false confessions to ensure that his client receives a fair trial.

The first step in ensuring that an individual charged with murder or homicide receives a fair trial is to make certain that the defendant receives expert representation from a Los Angeles criminal defense attorney experienced in murder and homicide cases. As Stephen Rodriguez points out, "Any misstep in the process -- pre-trial hearings, investigations, preliminary hearing, negotiations, motions, trial, sentencing -- can have profound, lifelong effects for the defendant.

Most Americans have at least a passing understanding of legal procedure and forensic science. After all, the top-rated CSI and Law & Order television franchises have been around for awhile. Most people understand that law enforcement officers and prosecutors regularly rely on forensic evidence to convict felons and murders. However, a newly released federal report on the nation's crime labs calls into question the forensic results used to send many people to jail.

Despite what you see on CSI or Law & Order, TV does not always mimic reality when it comes to forensic science. Laboratory methods used to create courtroom evidence are often untested and fraught with errors, according to a report by the National Academy of Sciences commissioned by Congress. Poorly trained lab technicians, poor supervision, use of unsubstantiated analysis methods, and underfunded and ill-equipped labs were roundly criticized in the report and found to be so prevalent that report writers call for a nationwide overhaul of the U.S. forensic science community.

"Reliable forensic evidence increases the ability of law enforcement officials to identify those who commit crimes, and it protects innocent people from being convicted of crimes they didn't commit," Harry Edwards, former chief judge of the U.S. Court of Appeals for the District of Columbia and co-chairman of the committee that produced the report, said in a statement to the press. "There is tremendous need for the forensic science community to improve."

Careful review of forensic evidence to be presented in a murder trial and dispute of its methodology and validity is just one of the keys to a successful murder defense in Los Angeles County. An experienced criminal defense attorney will thoroughly and aggressively investigate every piece of evidence submitted and every step in the prosecution's case against a client charged with murder, says expert L.A. criminal defense attorney Stephen Rodriguez. Rodriguez, who has considerable experience defending clients charged with murder, homicide and other serious felonies, explains that "A thorough investigation is the key to successfully using a defense in a murder/homicide case." When defending against a charge of murder or homicide in Los Angeles County, a criminal defense lawyer must conduct a thorough independent investigation to search out the maximum amount of evidence to support a defense. Rodiguez, who has a highly successful record in criminal defense, notes that it is critical to begin defense investigations early in the defense process, to utilize only top investigators with a proven ability to achieve successful results, and to investigate aggressively.

On Friday: More on how criminal defense attorneys handle murder cases

Murder is a heinous crime. Most horrible is First Degree Murder where the killing is planned and deliberate. When First Degree Murder is charged in Los Angeles County or anywhere in California, it means that one individual has specifically targeted, plotted, planned and executed the killing of another individual. Killing that occurs during the commission of a felony such as arson, burglary, robbery, mayhem, carjacking, kidnapping, train wrecking, rape, sodomy and other sex crimes, or drive-by shooting is considered premeditated, or planned, and charged as first degree murder, explains expert Los Angeles criminal defense attorney Stephen Rodriguez.

When murder occurs without premeditation; that is, without advance planning, it is charged as Second Degree Murder. Experienced murder defense attorney Rodriguez explains that second degree murder is charged in cases where violent and malicious force causes the death of the victim even when the killing blow was not planned or necessarily intended to kill. Examples include using a gun or knife in a fight, swinging a baseball bat that accidentally connects with the victim's head, shooting a gun into a crowded room, extremely reckless driving and drag racing. Even though the defendant did not plan the killing blow, he did choose to act maliciously and violently toward the victim.

A murder charge can result in 15 or 25 years to life in prison depending on whether first or second degree murder is charged. In certain circumstances in California, the defendant can be sentenced to death or life in prison without the possibility of parole. While murder is an unconscionable crime certainly deserving of such sentences, not every individual charged with murder is guilty. Law enforcement officers do not always discover the truth. Every week brings news reports of innocent individuals convicted of murder who after sitting on death row for years are suddenly exonerated by new evidence. Too often, these individuals never received the experienced, knowledgeable legal defense to which they were entitled. Their lives have been wasted and the real killers have gone free.

To prevent such egregious miscarriages of justice, every individual who is accused of murder in Los Angeles County or anywhere in California is entitled to a strong defense, says well-known L.A. criminal defense lawyer Stephen Rodriguez. While experience counts in all criminal cases, in murder cases the stakes are so high and the court proceedings so involved and complicated that it is essential that murder defendants engage the services of criminal defense attorneys who have specific and long-standing experience defending murder cases.

On Wednesday: How does a criminal defense attorney defend against a murder charge?

If you are arrested for a crime in Los Angeles, you may be required to post bail if you want to be released from jail while awaiting your court appearance. (See our Feb. 16 post for an explanation of bail and how to post bail in Los Angeles.) When a Los Angeles defendant lacks the cash resources to post bail themselves, he may use the services of a bail bondsman.

"A bail bond is a contract between the government and the surety," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. In Los Angeles, a bail bondsman guarantees the court that the defendant will appear as required. If the defendant fails to appear, the bail bond company, also called the surety, must pay the court the full bail amount.

Bail bond companies charge a premium for their services, usually 8% to 10% of the bail amount. As criminal defense attorney Rodriguez explains, "This premium is the bond seller's fee for taking the risk that the defendant won't appear in court. A bail bond may sound like a good idea," Rodriguez warns, "but buying a bail bond may cost you more in the long run. The premium you pay the bail bondsman is nonrefundable."

When a defendant doesn't have or cannot raise enough cash to cover the bail amount, a bail bondsman will accept real property or possessions of equal or greater value, deducting the amount of any outstanding loans. The mortgage due on your home or loan amounts still due on possessions offered as collateral for bail -- the unpaid amount on a car loan, for example -- are deducted from the value of the item.

When offering property or possessions as collateral to obtain a bail bond, it's important to understand that if you default on your bail bond, you lose the entire item, including the value of any payments you have made. For example, if you've paid off half your auto loan and use your car as collateral for bail, then fail to appear in court as required; you lose your car, including all the money you've already paid toward the loan. If a parent, relative or friend pays your bail or pledges his home, car or other possessions as collateral for your bail bond and you fail to appear, he could lose his assets.

If you are arrested in Los Angeles, consult the knowledgeable criminal defense attorneys at the Law Offices of Stephen G. Rodriguez. Rodriguez and his associates regularly secure their clients' release without posting bail, saving their clients thousands of dollars that can be applied to their defense. Risking losing your savings, home, car or other valuables to a bail bondsman should only be considered as a last resort.

Tragedy has again struck the family of well-known actor Macaulay Culkin, child star of the Home Alone films. His 29-year-old sister Dakota Culkin died tragically yesterday from massive head injuries sustained after she was hit by a car in Los Angeles. Eschewing the Hollywood spotlight chased by her six siblings, Dakota preferred to work behind the scenes, carving out a respected career in Hollywood's production studios.

While tragic, according to police reports, this was not a case of hit and run or vehicular manslaughter. The driver did all the things a criminal defense attorney would tell you to do in such circumstances. He did not flee in panic. He was not driving under the influence of drugs or alcohol. He was not driving recklessly. He stayed at the site and identified himself. A statement released by the Los Angeles Police Department noted, "The driver stopped, rendered aid, and identified himself as required by law. Detectives have determined that the driver was not under the influence of drugs or alcohol, so no crime was committed."

This is precisely what you need to do when you are involved in any type of vehicle accident, says experienced Los Angeles criminal defense attorney Stephen Rodriguez, whether the accident involves a pedestrian, a bicycle or another vehicle. Under California law, parties involved in an accident must do the following:

• Stop


• Render aid


• Notify police


• If injuries or major property damage are involved, remain at the site until police arrive


• Identify yourself

To avoid a hit and run charge, Rodriguez recommends stopping immediately after an accident or collision and immediately providing the other party with your full name, valid driver's license number and state of issuance, vehicle ID number (VIN), and your insurance carrier's name, address, phone number and policy number. If you collide with an unoccupied parked car, it is acceptable to leave a visible note containing your contact information and the facts surrounding the case. In all cases, police must be notified and a police report filed, Rodriguez stresses. To avoid a charge of hit and run, these procedures must be followed even if you were not at fault.

Penalties for misdemeanor hit and run that involve minimal damage can include 6 months in county jail, fines and victim restitution. When major property damage, serious injury or death occur, you can be charged with a felony that may carry a sentence of several years in state prison, thousands of dollars in fines, DMV points and license suspension. In cases where intent or alcohol or drug use can be shown, you can be charged with vehicular manslaughter, a serious felony.

After a long day spent Christmas shopping, the SUV was filled with holiday goodies: a plasma screen TV for dad, something sparkly for mom, an Xbox for their son, and an iPod for their daughter. The couple parked in front of a nice restaurant, locked up and went inside to celebrate with dinner and a few drinks. Ninety minutes later, they were horrified when they returned to their car to find the rear window smashed and all their gifts gone. They were devastated.

It's a scene police and criminal defense attorneys say is playing out far too often in L.A. mall parking lots and in shopping districts, particularly this holiday. One more fallout from the poor economy, theft, burglary and shoplifting are on the rise in Los Angeles and across the country. "Criminals are Christmas shopping this time of year," said Police Lt. Heinz von Eckartsberg.

Most thieves are opportunists. If they see packages through your car window or you leave your car unlocked in your driveway or you leave your garage open, thieves are only too willing to accept what they view as an invitation to steal. Thieves are just waiting for you to make a mistake. To deter thieves, police recommend that women keep handbags strapped across their bodies rather than in their hands. Men should carry wallets in front, not back, pockets.

To protect your purchases, Los Angeles criminal defense attorney Stephen Rodriguez cautions holiday shoppers to take a few safety precautions:

• Roll up all windows, close sunroofs and lock all car doors.


• Don't do all your shopping in one trip.


• Shop with a friend; don't shop alone.


• Don't leave valuables or packages in plain view. When shopping, take a car with a lockable trunk or at least cover purchases with a blanket.


• If you stow packages in your car but plan to continue shopping, first move your car in case you're being watched.


• Don't walk to your car alone. Some stores and malls offer security escorts to your vehicle.


• Take advantage of valet services.


• Park in lighted areas and watch for loiterers when you walk to your car. If you feel uneasy, do not go continue to your car. Return to the store and contact security or police.

When you get home, close and lock your garage before you unload your purchases and always keep the connecting door between your house and garage locked. Don't store gifts in your car trunk.

Theft, burglary, robbery and shoplifting are crimes in California and can carry fines, jail time and a criminal record that can make it difficult to find a job. The Los Angeles law offices of Stephen Rodriguez can tell you what to expect from California theft laws if you are caught stealing and provide you with the best possible defense.

The Clark County Nevada district attorney's office is seeking charges against Marion "Suge" Knight in the alleged beating of his girlfriend in August. A criminal complaint being processed Tuesday in Las Vegas Justice Court charges Knight with two counts of felony drug possession and one count of misdemeanor battery.

Police say they arrested Knight, 43, after officers saw the founder of bankrupt Death Row Records beating the woman while brandishing a knife in a parking lot near the Las Vegas Strip. Authorities said the woman wasn't stabbed, but was treated at a hospital for injuries. The complaint alleges that Knight was carrying Ecstasy and hydrocodone when he was arrested. Knight was later released after posting $19,000 bail.

Domestic violence charges can be a serious issues, and any Los Angeles domestic violence defense attorney will tell you that dealing with a jury in such matters is not easy. The public often sees men accused of domestic violence as guilty, even before the trial begins. If a domestic violence charge is coupled with another charge, in this case drug possession, then it becomes even more difficult for a Los Angeles criminal defense attorney to defend the accused. To further complicate matters, in 2004 Suge Knight spent 10 months in prison for his second parole violation in two years.

It's not impossible for a Los Angeles criminal defense attorney to defend such individuals, but it's absolutely necessary for the accused to do the following:

• Contact and retain the services of your attorney immediately

• Cooperate completely with your attorney

• Be 100% honest with your attorney

• Don't talk to law enforcement without an attorney present

• Don't contact the accuser without letting your attorney know (it could be used against you)

• Find all possible witnesses to help in your defense.

Domestic violence is not an easy charge to deal with, but if you use a qualified Los Angeles domestic abuse defense attorney, your chances of avoiding jail time increase exponentially.

Recently I blogged about my nephew's frightening experience with the court system. A couple of beers with his high school friends before going off to college turned into a nightmare when he was stopped for DUI by a no-nonsense Virginia cop. (See our Oct. 10 post.) My 18-year-old nephew was lucky. His folks hired an excellent attorney and he followed the man's advice. My nephew was given a year's probation and the opportunity to walk away with no criminal record. But he could just as easily be spending his first semester of college behind bars.

Given today's volatile economy, no one wants to spend more money than they need too. My sister's careful eye on the family budget could have turned my nephew's brush with the law into a tragic, life-changing event. With a different attorney, he could have been saddled with a criminal record that would have greatly limited his employment opportunities.

When my nephew ran afoul of the law in rural Virginia, my sister used the online yellow pages to hunt up a criminal attorney. There were only two listed so she called both.

Attorney A spoke with her at length. He asked what kind of punishment my sister and her husband had levied. It was strict: no driving privileges, no leaving the house except to go to work, no visiting friends, limited cell phone and internet access. He encouraged my sister to hang tough on the family punishment which would play favorably with the particularly strict judge assigned to the case. He also recommended that my nephew perform 50 hours of community service.

Attorney A explained the court process and said, if hired, he would meet with them one to two weeks before the hearing to prepare my nephew for court. My sister was impressed but put off by his fee -- $5,000.

Attorney B spoke with my sister briefly about the arrest and explained court procedure. He promised a pre-hearing meeting about a week before the hearing. His fee was $600.

It's easy to understand why my sister originally chose to go with Attorney B. Who wouldn't want to save more than $4,000? It was a mistake that could have cost my nephew his freedom and his future. There's truth in the old adage: "You get what you pay for." My sister started to get nervous when Attorney B hadn't called a week before the hearing and failed to return her calls. In a panic she called Attorney A, reaching him on his cell at an out-of-town conference. He agreed to take the case and arranged a pre-hearing meeting for the day of his return.

At the pre-hearing meeting, Attorney A explained the proceedings to my nephew and his worried parents. He told my nephew how to dress, speak, act and behave during the hearing. He discussed the questions he would be asked and told him what to expect from the police officer's testimony. He exhibited a detailed knowledge not only of the case, but of the arresting officer's temperament, arrest record and court performance. He coached my nephew on the behavior and demeanor that would elicit a favorable response from the judge.

Attorney A's experience, preparation and excellent advice saved the day. Attorney B finally called my sister back the night before the hearing. Like I said, you get what you pay for. If you need an experienced, skilled criminal defense attorney in California, contact the law offices of Stephen G. Rodriguez.

- LegalPro

Rape and date rape are tragedies for those involved. For the victim, it could lead to years of withdrawal over the trauma, for the accused, it could send an innocent person to jail and their life into a tailspin. Key figures in rape accusations and trials are professional and college athletes, in part because they are usually surrounded by women and a party atmosphere.

Take for example former Los Angeles Rams kicker Tony Zendejas. Zendejas is charged with four felony counts of drugging and raping a female patron at a bar in San Dimas, CA. He's charged with one count each of rape by use of drugs, rape of an unconscious person, sodomy by anesthesia or controlled substance and sodomy of an unconscious victim.

Former University of Florida basketball player Teddy Dupay was charged with a felony rape count for allegedly raping a woman with whom he'd had a two-year relationship. Dupay is accused of beating the woman and then sexually assaulting her.

In both instances, these two are charged with "date rape" which means the accused has some form of relationship or potential romantic encounter with the accuser. This differs from rape in that date rape refers to the non-consensual sexual activity between people who are known to each other either platonically or sexually. These particular instances of sexual assault take place during a social interaction between the rapist and the victim, hence the name date rape.

The Los Angeles County District Attorney's office has highlighted date rape, both in advertisements and in the focus of prosecutors.

Here are five tips for the accused on how to handle this extremely delicate issue:

1. Realize that a lifestyle of partying with women puts you at a much higher risk of false accusations.


2. Make sure you put down as much information as you can about the incident, prosecutors may try to attack your memory of the event.


3. If it's possible to get witnesses or people who will back up your story, make absolutely sure to do so.


4. Speak with an attorney who is experienced in rape and sexual offense matters who can help you in your case.


5. Avoid talking too much to police until you've spoken to an attorney.

Matt Jones, star wide receiver for the Jacksonville Jaguars football team, was arrested on drug charges after being founding cutting up cocaine with a credit car in his car. There was also a jar that allegedly had marijuana residue.

While Jones faces felony charges, the two individuals with him face misdemeanor charges.

The specific charge Jones will face is felony possession of a controlled substance. Jones also had 6 grams of cocaine, which would normally carry with it an intent to deliver/distribute charge (which would increase potential jail time if convicted) but it was obvious to officers that Jones wasn't planning on dealing.

If you find yourself in such a situation, or if you are charged with any sort of drug offense/violation, here are a few tips:

• A first-time offender selling 100 grams to 5 kilograms of heroin has a mandatory minimum sentence of five years. If you're facing this charge, consulting an attorney and discussing a plea bargain may be in order.


• The way in which evidence was obtained may be vital in your drug defense; supplying your attorney will all known details of what the police were doing could greatly help reduce your sentence or get charges dropped altogether.


• Under California's Substance Abuse and Crime Prevention Act, first and second time non-violent "simple drug possession" offenders can receive substance abuse treatment instead of jail time.