Los Angeles Criminal Defense Lawyer Blog

A Cal State Northridge math professor recently had a warrant issued for his arrest after not showing up for court on charges that he urinated on a colleague's office door during a dispute, The Los Angeles Times reports.

Misdemeanor charges in Los Angeles are certainly minor compared to felony charges, but they still carry penalties and can ruin reputations and destroy careers. And for this reason, they require aggressive defenses. Representing yourself puts you at a huge disadvantage against the state and could mean you end up facing the most severe punishment allowed by the charge.

In this case, the professor failed to show up for a pretrial conference hearing in his case and a judge ordered he be arrested. He must pay $35,000 in lieu of going to jail. The professor was captured on videotape urinating on the door of another professor's office after school officials concealed a camera nearby after discovering puddles of what they thought was urine. The man's attorney told the judge he hasn't had any recent contact with the man. He faces two counts of urinating in a public place.

Public urination can be considered disorderly conduct (California Penal Code 647) or creating a public nuisance (California Penal Code 372).

But there are many well-documented cases throughout the country where public urination can quickly turn into a sex crime in Los Angeles. One minute a person can be urinating in public, thinking they'll face a minor misdemeanor and the next minute, a child sees what's happening and the person faces a felony charge of indecent exposure or lewd conduct.

All of a sudden, a minor act, possibly fueled by alcohol, turns into a felony charge. And there are cases where a conviction of this type of crime leads to a person having to register as a sex offender, telling law enforcement where they live, having their name and photo put in the U.S. Department of Justice's Sex Offender Registry. and other absurd penalties.

Sex crimes penalties are much tougher than misdemeanor charges. People face years in prison, hefty fines and fees, possibly years of probation, electronic monitoring, restrictions on where they can live and other sanctions. Not to mention to stigma associated with being a registered sex offender.

So, while public urination should be treated as a misdemeanor, it can spiral out of control if a zealous police officer or prosecutor gets the case. This is all proof of why you need a criminal defense lawyer who has years of experience with these types of cases, who knows the law and the criminal justice system and will go the extra mile in your defense.

Defendants have a right to a fair trial and for the state to prove beyond reasonable doubt that the charges they have brought against a person are 100 percent accurate. That is a great burden and it requires an advocate standing by a defendant's side all the way to hold them to that standard.

Continue reading "Cal State Northridge Professor Charged in Public Urination Case" »

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.

School is out and with jobs in short supply this summer, more children and teens are hanging out with friends, milling around, looking for something to do. As they say, "Idle hands are the devil's playground," and the combination of peer pressure, long summer days and boredom are a perfect combination for decorating the neighborhood with a little graffiti. Most teens think of graffiti, also called "tagging," as harmless fun or an artful prank. It's a way to leave their mark on the world that they don't think hurts anyone. But home and property owners take a dim view of graffiti, and the law calls it a crime. Graffiti defaces and devalues property. It costs money -- often quite a lot of money -- and hard work to remove graffiti. What seems like a prank to kids is viewed under California law as the crime of vandalism.

Under Penal Code 594, the State of California defines vandalism as "Every person who maliciously commits any of the following acts:

• Defaces with graffiti or other inscribed material,


• Damages, or


• Destroys the real or personal property of another."

Expert Los Angeles criminal defense attorney Stephen Rodriquez explains, "If it doesn't belong to you and you deface, destroy, or damage it without the owner's permission, you have committed the crime of vandalism." It doesn't matter whether the property is public or private; any time you deliberately damage or destroy property without the owner's permission, you are committing a crime. Spray painting graffiti on a wall or overpass, park bench or street sign is not considered "art;" it is the crime of vandalism and is rigorously punished in Los Angeles and in communities throughout California. You can be charged with vandalism just for being in possession of aerosol paint containers, tools or chemicals. If caught with such items, you can be charged with vandalism even if you have not actually committed the intended act. Evidence of the attempt can be enough to earn you a ride to the police station.

In California, vandalism can be charged as either a misdemeanor or a felony depending on the circumstances, extent of damage and the individual's record. Consequences can be severe and may include steep fines, community service, restitution, probation and even incarceration. Skilled legal representation by an experienced criminal defense lawyer is the best way to avoid a criminal record if your child is charged with vandalism. A savvy criminal defense attorney like Stephen Rodriguez with a thorough knowledge of Los Angeles legal processes may be able to get the charges dismissed or reduced and keep your child out of jail.

When fandom become obsession, celebrities get understandably frightened, police become suspicious and judges act. Last week a Los Angeles judge extended the temporary restraining order against Robert Michael O'Ryan for allegedly stalking 17-year-old gymnast Shawn Johnson. Police caught O'Ryan packing a gun and trying to break into the Dancing With the Stars studio. Johnson is a participant on the hit TV show this season.

In another event last week, Los Angeles County Sheriff's deputies arrested Miranda Tozier-Robbins after security guards caught her peeking in the windows of Britney Spears' Calabasas home. Tozier-Robbins, a fifth season American Idol hopeful who auditioned with the Spears' ballad Everytime, was toting a camera and dressed in camouflage gear at the time of her arrest. She was charged with trespassing and disorderly conduct before being released.

It's not just paparazzi who can be caught on the wrong side of the law when celebrity worship becomes obsessive. Stalking, trespassing, and breaking and entering are serious crimes in California, whether you're one of the paparazzi or a besotted fan. Even when the crime committed could be charged as a misdemeanor, having a gun in your possession when you commit a crime ramps the charge up to a felony.

Celebrity outcry and fear of tragedy led to California's enactment of anti-paparazzi laws in 1999 and their expansion in 2005. The laws have made it possible for paparazzi to be punished for becoming too aggressive in their efforts to photograph celebrities. Both civil and criminal charges are allowed. Paparazzi and aggressive fans can be charged with assault, battery, conspiracy, false imprisonment, stalking, and trespass. While most of these are usually charged as misdemeanors, some can also be charged as felonies. Whether you are charged with a misdemeanor or felony can make the difference between a fine and probation or a criminal conviction and serving time in jail.

Effective defense against a paparazzi charge requires aggressive representation by an experienced Los Angeles criminal defense attorney. Skilled L.A. criminal defense lawyer Stephen Rodriguez said the worst thing you can do if charged of a paparazzi crime is try to talk your way out of the situation. "Talking to law enforcement without consulting an attorney first is a mistake," said Rodriguez. For more information about paparazzi crimes, visit the website of Rodriguez, Lewis & Kahn.

-Legal

Pro

In an area of Los Angeles plagued by gang violence, three more people died last Sunday. Two men and a woman were fatally shot in a small apartment on East Rosecrans Avenue in Compton. While the L.A. County Sheriff's Department has not yet determined a motive for the killings, press sources cited narcotics. Relatives of the 25-year-old female victim say she was tragically in the wrong place at the wrong time. The Compton killings are a blow to law enforcement and community efforts to decrease gang-related crime in the Compton area. Between 2005 and 2008, those efforts have resulted in a 50% drop in violent gang-related crimes in Compton.

For parents struggling to keep their kids out of gangs, law enforcement experts urge parents to watch for these signs of gang interest or involvement.

• Gang symbols or graffiti doodled on notebooks or binders.


• Using unfamiliar hand gestures or pictures with friends that show such hand signals.


• Repetition of a particular color in clothing, particularly blue or red.


• Tattoos.


• A bandana, called a "flag," hung from a back pants pocket.


• Using a nickname or adding a prefix to a given name.


• Sudden change in friends.


• Sudden, poor academic performance and lack of interest in school activities.


• Belligerent, argumentative, rebellious behavior with parents and teachers.


• Tobacco, alcohol or drug use.


• Sudden affluence, new clothes, electronics, etc.


• Disciplinary referrals at school or trouble with police.

Law enforcement officers warn that gangs are recruiting children at increasingly younger ages, often in early to mid-elementary school. Initiation rites to many gangs are no longer complex or violent. Youngsters are often lured by a need to belong, peer pressure or the sense of "cool" some kids attach to gang membership. Parental guidance, home attitudes and providing healthy community and family activities for children are recognized as the most effective ways of keeping kids out of gangs. It's an effort that challenges parents, communities, schools, churches and police to work together.

Children who become involved in gangs usually participate in increasingly serious criminal acts. Shoplifting and petty theft escalate into misdemeanor crimes, then felony crimes. In California, a child 17 or younger can be tried in the California juvenile court system, says expert Los Angeles criminal defense attorney Stephen Rodriguez. When consulted early, an experienced criminal defense lawyer like Rodriguez may be able to get your child's case dismissed in its initial stages or minimize the offense charges against your child. Don't let a poor decision ruin your child's life. If your child is led astray by local gangs, contact the experienced criminal defense attorneys at the Law Offices of Rodriguez, Lewis & Kahn immediately.

When the economy goes down, crime rates go up. That's the general consensus, but reality is more complicated, according to law enforcement officers, economists and criminologists. A poor economy may cause Los Angeles crime rates to ratchet up a notch or two in some categories, but a wholesale crime surge is seen as unlikely.

"Everybody thinks it's just a law of nature, but that's just not true. There are a lot of things more powerful than the economy operating all the time," David Kennedy, director of the Center for Crime Prevention at the John Jay College of Criminal Studies in New York, recently told Columbus Dispatch reporter Elizabeth Gibson.

National news reports of distraught, destitute workers killing themselves and the families they can not longer support may have skewed public perception. Crimes of such horrific magnitude, while tragic, are rare. Morals, ethics and social structure continue to provide most people with a strong incentive against crime. When crime rates go up in a down economy, University of Missouri-St. Louis sociologist Richard Rosenfeld said it doesn't mean that law-abiding citizens are turning to crime, rather it indicates that experienced criminals have found a lucrative market for cheap, stolen goods.

While a shrinking economy and a bone-dry job markert are eventually expected to have an impact on crime rates, it's petty crime -- small-time thefts, burglary and shoplifting -- that is expected to increase, not major felonies, experts say. In a study of crime data from 1979 to 1997, Ohio State University associate professior of economics Bruce Weinberg found that two situations most affect crime rates:

1. Crime goes up when the economy is good because more people have expensive items to steal.


2. Crime goes up when unemployment goes up among poorly educated men, those with no more than a high school education.

Weinberg found that the greatest increases in crime occur when those two factors exist in close proximity; that is, when there is wealth near unemployment. According to Weinberg, crime can be expected to increase in wealthy pockets of Los Angeles that are surrounded by lower-income areas that historically bear the initial brunt of unemployment when the economy turns sour.

A scan of community police logs already indicates a small increase in misdemeanor thefts of convenience: shoplighting and thefts from cars, open garages and unlocked homes. But while there are pockets of crime; overall, state-wide crime rates have remained about the same. "Criminals are criminals," said one burglary unit officer, noting that the unit's suspect pool remains the same in good and bad economic times.

In a word, yes. "If it doesn't belong to you and you deface, destroy or damage it without the owner's permission, you have committed the crime of vandalism," says expert Los Angeles criminal defense attorney Stephen Rodriguez. Under California law, vandalism includes defacing property with graffiti, damaging property, or destroying the real or personal property of another. "While subway graffiti art, keying a parked car, or defacing a street sign may seem inconsequential," Rodriguez warns, "these crimes qualify as vandalism by California lawmakers determined to bring an end to vandalism throughout the state."

Even street artists whose graffiti eventually transcends their subway roots to go mainstream are still considered criminals when their art is created on property without the owner's permission. That's the case with Los Angeles street artist Shepard Fairey who was recently arrested in Boston on two counts of vandalism for tagging property with graffiti. Creator of the colorful and hugely popular "Hope" poster of Barack Obama, Fairey has been in Boston for several weeks preparing for his first solo exhibition at the Institute of Contemporary Art. Boston police arrested Fairey on his way to the opening event. He was released on bail several hours later.

The fact that the 38-year-old Fairey is a well-known graffiti artist with a Los Angeles studio whose art is now sought by mainstream collectors doesn't place him above the law. The street artist has been arrested numerous times in Los Angeles and California for drawing on buildings and private property without the owners' permission. California is tough on vandals. Laws protect the rights of property owners; and graffiti, no matter how artistic, defaces and devalues property.

Vandalism includes more than graffiti crimes. Slashing a tire, carving initials into a desk, toppling a headstone, ripping a bus seat, breaking a window, keying a car and other acts are prosecuted as vandalism crimes. In California, vandalism is prosecuted to the full extent of the law as a deterrent, cautions experienced Los Angeles criminal defense attorney Rodriguez.

Penalties for vandalism can be severe and include community service, probation, steep fines, restitution, and even incarceration. When there is minimal damage -- less than $400 -- first time vandalism is usually charged as a misdemeanor. However, vandalism can be charged as a felony and often is when damage exceeds $400 or the defendant has prior convictions. A prior criminal record, gang involvement, and hate crimes can also escalate vandalism from a misdemeanor to a felony. Vandalism fines range from $400 to $5,000 and can result in a one-year suspension of your driver's license.

California recognizes that there are options to packing people into overcrowded state prisons. Not all crimes deserve a jail sentence and not all criminals deserve to go to jail. California has developed a number of alternative sentencing options to deliver appropriate punishment without jail time. The judge and prosecutor may consider an alternative sentence if:

• The defendant has not committed a serious crime and has not committed an offense that carries a mandatory sentence.


• The defendant has not committed numerous crimes.


• The defendant has not committed a serious felony and did not use a weapon.


• The defendant does not pose a risk to himself or the community.

Judges and prosecutors are not required to consider alternative sentencing, but a skilled and knowledgeable criminal defense attorney can often construct the right alternative sentencing strategy that will convince them not to send a convicted defendant to jail. Some possible alternative sentencing options include:

• House arrest, home detention or electronic monitoring limit the defendant's mobility. The defendant is fitted with an electronic device or ankle bracelet that monitors his whereabouts at all times. The defendant may be allowed to participate in certain approved activities, such as work, school and church. The court can order electronic monitoring or the defendant can apply with the help of a skilled criminal defense attorney.


• Work release or work furlough programs allow defendants to work at a designated work site during the day, usually to perform physical labor, returning either to their own home or to a specified dormitory at night. The length of work service is determined by the court but a skilled criminal defense attorney may be able to negotiate a shorter term.


• Drug courts under Proposition 36 offer drug users treatment instead of jail time. Not all drug offenders are eligible. An experienced criminal defense attorney can examine your case and tell you if you are eligible for Proposition 36 treatment instead of jail time.


• City jail or private jail allows the defendant to continue working during the week, checking into a private or city jail each weekend to serve his sentence. Participants check in on Friday afternoon and are released on Sunday afternoon. There are specific eligibility requirements for this program, and participants may be required to pay a fee for their weekend jail stays.


• Community Service requires participants to work for city organizations or to perform clean up duties.

If you have committed a crime, contact the skilled Los Angeles criminal defense attorneys at Rodriguez, Lewis & Kahn to see if you might qualify for alternative sentencing in California.

-Legal Pro

My niece will turn 18 soon and her parents are looking at having her juvenile record expunged. Like many teens, she ran into a little trouble with the law a couple of years back. When she started at a new high school she began hanging with a new group of kids who were more interested in raiding dad's liquor cabinet and smoking weed than they were in studying. She got picked up for possession once and got busted for intoxication when neighbors called the cops about a teen party. Fortunately, she's cleaned up her act. She's been straight and sober for two years, has a new group of friends, and is a regular on the honor roll these days. But that juvenile record still bothers her -- and her parents.

"A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical and other professional licenses), running for political positions, and other benefits of society we take for granted," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Worried that a background check or Internet search might reveal their daughter's past indiscretions, my niece's parents have contacted an attorney to see if her record can be expunged. My niece has been accepted to college and has her whole life ahead of her. She's worked hard to put her past behind her and her parents don't want some ill-willed future "friend" or over-diligent personnel manager digging up the past and creating a problem. Expunging their daughter's record will remove her convictions from the public record.

"Expunging the criminal record dismisses and sets aside your felony and/or misdemeanor conviction from the public record," explains criminal defense attorney Rodriguez.

When your record has been expunged, you can lawfully answer "no" to questions on forms asking whether you've ever been convicted of a crime. (You must, however, report your conviction and expungement on official government forms.) Expungement allows you to hold your head high with confidence and compete equally in society. When your record has been expunged, you don't have to worry that someone will find out about your past indiscretions. You can seek employment and housing and obtain credit without having to report a criminal conviction. Expungement wipes away the past and lets you focus on the future.

Not all records can be expunged. If you or your teen has a criminal record that you would like to have expunged, the expert criminal defense attorneys at Stephen G. Rodriquez & Associates can review the case and advise you about your options.

-Legal Pro

Plea bargains have become a standard procedure in criminal cases. "Most people who are charged with committing a crime will have to decide whether to go to trial or accept a plea bargain," says Los Angeles criminal defense attorney Stephen Rodriguez. An agreement between the prosecutor and the defendant's attorney, a plea bargain allows the defendant to plead guilty to a less serious charge or to only one of several charged brought. Prosecutor's offer plea bargains to cut down on work loads and costs, keep courts from getting bogged down and jails from getting too crowded.

Defendants are likely to accept a plea bargain if they feel it will result in a lighter sentence than they might receive if the case goes to court. Even innocent defendants may choose to accept a plea bargain because they fear the risk of going to trial. As Rodriguez points out, "Even a totally innocent defendant may want to plea bargain because you never know what will happen at trial. If you get a good jury -- you may win. Get a bad jury and an inexperienced trial lawyer, and you may lose even if you are innocent." By negotiating a plea bargain, defendants know in advance what they are pleading to and what their penalty will be.

With prosecution costs of a criminal trial topping $10,000 per day, prosecutors in Los Angeles County, California are under significant pressure to negotiate plea agreements. Plea offers are made in almost every case, but it is the defendant's decision alone whether to accept or go to trial. It is extremely important to hire an experienced criminal defense attorney with expertise in negotiating plea agreements. Defendants should fully understand all the repercussions of accepting a plea offer before making their decision. An experienced criminal defense attorney can explain the details and consequences of a plea offer and aggressively negotiate with prosecutors to get you the best possible deal or take the case to trial for you and win.

If you are considering a plea bargain, you need an attorney with years of experience dealing with the L.A. Prosecutor's office, who will negotiate for your rights and welfare, not his own convenience, who has broad experience as a criminal defense attorney and is not afraid to take the case to trial, and who keeps his clients fully informed with accurate information and clearly explained options. Expert criminal defense attorney Stephen Rodriguez has a proven track record of successfully negotiating with the L.A. County prosecutor's office to have criminal charges dismissed or reduced.

In courtroom dramas you hear attorneys arguing with each other about bail. The prosecutor argues for a high dollar figure; the defendant's attorney, for a low figure or none at all. The judge bangs the gavel and says, "Bail is set at . . ."

When a person is arrested, he can be held in jail until he:

• is given a citation and released; or


• is released on his own recognizance, which means he is trusted to appear on his scheduled court date; or


• posts bail.

Bail is like an insurance policy. It is cash or a cash equivalent held by the court to guarantee the defendant's appearance. If the defendant fails to appear on his scheduled court date, he forfeits the money. In California, bail can be paid with cash or a check or the individual can pledge real or personal property, although often the value of the pledged property must be equal to twice the bail amount.

When the bail amount is high and the defendant cannot raise the money on his own, he goes to a bail bond company. The bail bondsman pays the court a designated percentage of the bail amount, in effect entering into a contract with the government to guarantee the defendant's appearance, and the individual is released. If the defendant flees or fails to appear, the bond company must pay the court the full bail amount. Bail companies generally charge a non-refundable 8% to 10% of the total bail amount to assume this risk.

Raising bail through a bail bondsman can be expensive. In Los Angeles, a bail amount of $50,000 can require a payment of $5000 to a bonding company, even if you show up in court. Bail bondsmen often require that a family member or friend co-sign the bond. If the bond is high or the defendant is considered a flight risk, the bondsman may also require the co-signer to pledge collateral, such as cash, a property deed or a valuable possession, on which he places a lien. If the defendant fails to appear and the bondsman has to pay the bail amount, he will collect from the co-signer, taking his property if necessary.

Bail bonds are expensive and you or your co-signer could lose your cash or collateral or both. You will lose the hefty 8% to 10% fee charged by the bail bond company, even if you appear in court as scheduled. Before you contact a bail bondsman, talk with experienced criminal defense attorney Stephen Rodriguez about your options. If bail is necessary, he will recommend a bond company that will handle your case with care and professionalism.

Plea bargains are a staple of every cop and courtroom show on TV. "Copping a plea" seems to be the script writer's favorite trick for getting the goods on the ultimate bad guy. You're familiar with the scene: the tough cop or prosecutor leans on the minor crook, promising him a lighter sentence if he gives up the diabolical plot or rats out the gun-crazed maniac they're trying to put away. It's a highly dramatic way to move the plot along involving lots of anguished close ups and the occasional angry table thumping. In real life, it's not nearly so dramatic.

Plea bargaining is fairly standard procedure in criminal cases, says Los Angeles criminal defense attorney Stephen Rodriguez. "Most people who are charged with committing a crime will have to decide whether to go to trial or to accept a plea bargain," he explains. "Plea bargains are available to the innocent and guilty, alike." Generally, a plea bargain is an agreement between the prosecutor and the defendant's attorney in which the defendant agrees to plead guilty to a less serious charge than the one originally brought or pleads guilty to only one of several charges brought. The defendant benefits by serving a shorter or less onerous sentence than what a jury might decide to award.

There are a number of reasons a prosecutor might offer a defendant a plea bargain. The case against the defendant may be largely circumstantial and the prosecutor may prefer to negotiate some punishment than allow an individual he believes to be guilty to go free. Witnesses may be unavailable or reluctant to testify which can potentially weaken or undermine the prosecutor's case. The prosecutor's case load may be so overloaded that he does not have the manpower to prosecute every case and must pick and choose the most egregious to take to trial. Likewise, the courts may be overloaded with cases or lack a sufficient number of public defenders to guarantee defendants the required proper and speedy trial.

Prosecutors in Los Angeles County are under considerable pressure to negotiate plea agreements to reduce the burden on the prosecutor's office and on the courts. "A plea offer is made in almost every criminal case," Rodriguez says. Whether or not to accept a plea offer is the responsibility of the defendant alone. Hiring an astute criminal defense attorney who understands the details and consequences of a plea offer and who can aggressively negotiate to get his client the best possible deal can significantly impact a defendant's sentence.

"I'm a bright, capable and creative-enough guy. I'm someone accustomed to being useful to society," the man lamented to an Ohio newspaper columnist. Once a successful physician, husband and father, this man was scouring the want ads, hoping to find a job. It is an activity that has consumed his waking hours with increasing frustration every day since his parole from and Ohio state prison more than a year ago. "I've applied for every job I could," said the man. "Five hundred, easy. But when you have a nine-year gap in your employment record, there is no way to make that look good." He's had a few interviews, but his prison record is a formidable roadblock. "Who would you hire?" he asks, if you could choose between an ex-con and anyone else?

I picked up the Columbus Dispatch while traveling through Ohio over the holidays and was moved by columnist Mike Harden's interview with a once vibrant, talented and skilled man who now struggles to scratch out the barest of existences. Convicted, sentenced to prison and finally paroled after seven years, "The only thing a jury could convict him of is stupidity," Harden quotes the man's lawyer as saying. I found this man's story a cautionary tale for all of us, particularly those accused of a crime.

It no longer really matters what this man did. He was not a hardened criminal. He did not commit some heinous atrocity. The only person this man hurt was himself. But the bottom line is that he now has a criminal record. His conviction cost him his wife, his children, his home, his medical license, his job, his ability to provide for himself. All the things by which he defined himself as a man and a member of society, gone. And all because he has a criminal record.

As Harden ends his column: "It just might be that, more bruising to the soul than being branded a wanted man, is to be branded as 'unwanted.'"

Not everyone convicted of a crime is a danger to society. Many convicted felons are later proved innocent, some after years in prison. Many others are more guilty of an error in judgment than anything else. Yet, once labeled a convict, society lumps them all together and assigns them to the lowest rung of society. By condemning them as untouchables, society often makes it impossible for paroled convicts to become productive members of society.

If you are accused of a crime in Los Angeles, don't settle for a guilty plea. Do not risk everything that is important to you in life without putting up the best possible fight. If you are charged with a crime, call the experienced, criminal defense experts of Rodriguez, Lewis & Kahn. They understand the law and the system and specialize exclusively in criminal defense. They're the pros you want in your corner.

Kids are home from school with time on their hands. They get to joshing around and come up with some crazy idea that they think is hysterical. A prank is born. On the surface these teenage antics seem harmless enough, but every year silly pranks get people killed.

Every year seemingly harmless pranks go wrong and people get hurt or carted off to jail and some people die. What your teen and his friends think is funny may be considered a malicious act of vandalism by stressed home or business owners. Unsuspecting victims not in on the joke often mistake the situation for real and act accordingly. Panksters have been mistaken for burglars and shot. Roadway hazards have caused fatal accidents. Sometimes through pure chance pranksters prey on the wrong person. Pranksters have been chased and beaten and even killed by their enraged victims.

Consider these pranks gone wrong:

• High school students placed a deer decoy in the middle of the road. The 16-year-old driver who came around the bend swerved to avoid the "animal" and crashed into a tree, suffering permanent brain damage and killing his passenger. While some of the pranksters received probation, two were sentenced to prison.


• A group of 20-year-old boys was pelting passing cars with eggs. One irate victim chased the boys, shooting and killing one of them.


• A high school junior was mistaken for a burglar while tying fishing line to a neighbor's door knocker so he could "knock" from afar. The frightened neighbor shot and killed him in the dark.

"You just can't risk it," said Daniel Domenech, executive director of the American Association of School Administrators. "You don't know what's funny from what could be dangerous."

Pranks can result in charges of vandalism, destruction of property, assault or worse. A group of high schools carrying out a senior prank were charged with planting bombs, a felony, when they laced their high school with alarm clocks set to go off at a pre-arranged time. Every year students are suspended, expelled and barred from graduation for committing pranks or acts of vandalism on school property.

The risk that prank victims will fail to see the humor in the situation is real. Every year pranksters wind up in court or in the hospital, and some pay for their wayward sense of humor with their lives. Juvenile pranks can lead to conviction of a crime and a criminal record. Representation by a skilled criminal defense attorney may make the difference between probation and community service and a life-changing criminal record and jail sentence.

During hard economic times cons and scam artists seem to crawl out of the woodwork. Police are warning the public about two old scams that have resurfaced to claim new victims. Both scams have been occurring in public parking lots with con men approaching victims and asking for money.

In a take off on the old bait-and-switch scam, the victim is approached by an individual or couple claiming to be down on their luck who are selling an expensive diamond ring. Together they have the ring professionally appraised to verify its value. But after the victim pays cash for the ring, the con man manages to switch rings and the hapless victim walks away with a cheap imitation.

In a twist on the Nigerian letter scam, the victim is approached by a person claiming to be working with a charity and trying to send money back to their home country, most recently Kenya. The con man asks the individual to hold a large sum of money and to withdraw from their bank account several hundred dollars in "good faith" money. The con man then asks the individual to donate the money to charity so it can get to Kenya while appearing to wrap a large wad of cash along with the individual's money in a towel. When the individual unwraps the towel, all he finds is a rolled up newspaper.

"Neither one of these (scams) are original," said a police spokesperson. "The victims let their guard down."

Similar cons have been around for hundreds of years. "Scams go back to the hieroglyphics," said Michael Deppe of Professionals Against Confidence Crime. Suspects are often difficult to catch because they leave town after taking people's money. And many confidence crimes go unreported because people feel foolish for being taken in. Out of every 500 scams, fewer than two people go to jail, said Deppe.

While experts say many con men target the elderly because they are considered more trusting and often have large sums of money available, police warn that anyone can become a victim. Con men use a gift of gab to engage their victims and sleight of hand to trick them. Scammers bank on the gullibility of their victims and count on that little bit of greed that lurks in our all-too human hearts. People who fall victim to con men are often enticed by the chance to get something of great value at an incredible bargain. Unfortunately, it's usually the victims who are left holding the bag.

Beware of con men. In California, scams are considered a form of fraud and may be charged as theft. If you are charged with fraud or theft, consult skilled criminal defense attorney Stephen Rodriguez about your rights.