Los Angeles Criminal Defense Lawyer Blog

Los Angeles made national and international headlines recently and it wasn't because of a celebrity.

This time it was an overzealous shopper at a Wal-Mart in the city limits. A woman, who has yet to be arrested, is accused of using pepper spray to back off about 20 shoppers during a Black Friday sale.

Our Los Angeles criminal defense lawyers certainly don't condone using pepper spray in a crowded area, especially on other shoppers, but as the police have pointed out this may have been a situation of self-defense.

Charges of battery in Los Angeles can hold serious penalties and can lead to a felony record that precludes people from getting jobs, voting, receiving federal benefits and other issues. It can also lead to prison time or probation, fines and fees, and other sanctions.

In the Black Friday Wal-Mart case, police are reviewing evidence to determine if the woman felt she was about to get trampled when she and about 20 other people were gathered around a palette of video games that were set to be sold for half their $60 normal price.

Once the wrapping was taken off by workers, it was "pandemonium," police said. Shoppers were pushing and shoving to get to the discounts. One woman allegedly used pepper spray in the fracas. Police are determining whether the pepper spray was used because she was trying to get an advantage or whether she felt she was going to get trampled.

The Los Angeles Times reports that detectives have interviewed more than a dozen witnesses and are looking to talk to another 10 shoppers. They are also looking at video surveillance.

Miles north in the San Francisco Bay area, news reports state that a shopper was shot after would-be robbers attacked in the parking lot of a Wal-Mart. In Arkansas, people were involved in a "waffle riot" when $2 waffle irons went on sale and people clamored to get one.

Experts say holiday shopping has turned into a blood sport, where crazed shoppers looking for deals will resort to violence in order to get the products they want after weeks of advertisements.

This can lead to major charges if consumers are charged with battering or even shooting other shoppers just to get a good deal or two. The savings can turn into much more in fines as well as possible prison time for those who are found guilty of felony charges.

Emotions and competitiveness can sometimes take over in cases like this, and could cause people, even those no criminal history, to act outside themselves. For these defendants, having an experienced Los Angeles criminal defense lawyer by their side is critical.

The criminal justice system moves quickly. There are many factors that must be taken into consideration that the average person isn't aware of or can't plan for. If you are new to the system and may have made a bad mistake this holiday season, you must be well represented. Don't expect the state to see the case the same way. They will push for tough penalties.

Continue reading "Black Friday Pepper Spray Incident Could Lead to Los Angeles Assault or Battery Charges" »

Dr. Conrad Murray, Michael Jackson's personal physician, was recently found guilty of involuntary manslaughter after weeks of trial in Los Angeles.

While he awaits his sentencing on the lowest form of homicide in Los Angeles, people are next going to be talking about his Los Angeles criminal appeal.

An appeal in a criminal case is one of the most important aspects of the criminal justice system. While many believe that the trial is a one-stop shop for justice, that is simply incorrect. The purpose of an appeal is to correct the problems that happen at trial. To think that every trial is perfect, that no judge would ever say something potentially devastating to a defendant's case, and that every prosecutor follows the rules with 100 percent accuracy would not be 100 percent correct.

An experienced Los Angeles criminal appeals lawyer will be called on to help Murray through the complex process of criminal appeals once he is sentenced in late November. He faces up to four years in prison.

Murray's jury deliberated about nine hours over two days. The seven-man, five-woman jury believes the 58-year-old cardiologist is guilty of involuntary manslaughter in the death of the pop star after he was given a powerful surgical anesthetic.

Prosecutors painted Murray as deceptive and incompetent, the Los Angeles Times reports, trying to show jurors he turned aside any medical judgment he had in order to give Jackson a fatal dose of the anesthetic. Experts testified Murray's actions led directly to Jackson's death.

An exam of the body found that Murray had lied about how much of the drug he gave Jackson. In a more than two-hour taped statement to police, he admitted to giving Jackson propofol, saying he did so at Jackson's request.

The defense tried to show that Jackson himself took the drug, a dosage that killed him instantly. His attorneys argued that Jackson was already addicted to a painkiller that didn't allow him to sleep and he took the drug to put him to sleep.

National Public Radio recently reported that the main issue on appeal may the fact that Murray wasn't allowed to introduce the actions of other doctors and physicians who were giving Jackson drugs and medication. It's possible that on appeal, a panel of judges could grant a new trial, saying that if that evidence would have been admitted, jurors may have changed their minds about his guilt.

Now that he has been convicted, the next step is sentencing. Once that has been announced, a notice of appeal will be filed. Murray will need new lawyers because sometimes central on an appeal is the issue of what defense lawyers didn't do correctly for their defendant. All aspects of a trial and pretrial actions must be looked at by a skilled Los Angeles criminal defense lawyer and that includes the judge, jurors, prosecutor and defense attorneys.

Continue reading "Conrad Murray's Los Angeles Appeal in Michael Jackson Case Will Be Interesting" »

New Jersey's Supreme Court recently ruled that witnesses who have questionable stories must be extensively questioned, and a judge may give jurors additional instructions during trial, The New York Times reports.

Los Angeles criminal defense attorneys hope California officials are listening. We have seen many defendants hauled into court, had the media spotlight thrust upon them and had charges ultimately dismissed -- often without a notice in the newspaper or on TV years later -- because of poor witness identification.

Whether it's a charge of murder in Los Angeles or a drug case with less than credible witnesses, defendants historically have had their lives turned upside down because sometimes the state relies on weak witnesses to get them convictions.

This goes for co-defendants as well. Prosecutors will often make a "deal with the devil" by giving co-defendants who face similar charges short prison sentences or lenient probation terms in order to convince them to testify against their co-defendant.

These "witnesses" are put on public display and must say what the state wants to hear. If they vary, even a little, and if the co-defendant doesn't get convicted, they can end up having their plea agreements shredded and go on trial just like the rest of them. You better believe they are willing to say what the state wants them to hear.

The changes in New Jersey courts likely apply more in situations where witnesses in a shooting, for instance, tell police they saw the person who committed the crime. But then after being shown police lineups or giving statements, their story waivers. Once they take a deposition -- where defense attorneys and prosecutors ask pointed questions after reviewing the evidence -- that's when the cracks start to show and the testimony crumbles.

Yet, the aggressive prosecutor uses them anyway. But now in New Jersey, defendants can ask for a pretrial hearing if there is evidence that the witness's credibility is at stake. Additionally, during the hearing a judge can examine whether the person is telling the truth or has enough knowledge to be useful.

There are many factors to consider and questions to ask during the hearing to determine whether the witness is credible. Were police an influence in what the person said during the investigation? What time of day did the incident occur, and how far away from the suspect was the "witness?" There can also be discussion about whether the witness was under the influence of alcohol or drugs. Even if a witness is cleared to testify before a jury, the judge can talk to jurors at any time to tell them how witnesses could misidentify a suspect and explain the factors that can lead to wrong identification.

This is a victory in New Jersey for defendants. We hope it becomes a reality in California as well. The New York Times speculates that while it applies only to New Jersey cases, the court there has previously been a trend-setter and influential to other states' laws.

We agree with New Jersey justices that there is a "troubling lack of reliability in eyewitness identifications" that have led to many overturned convictions, perhaps the leading reason. This is an easily fixable situation. Judges must be empowered, and defendants as well, to hold the state accountable for their actions in using weak witnesses.

Continue reading "Witness Problems May Lead to Changes in Los Angeles Criminal Court" »

The Sixth Amendment to the United States Constitution guarantees a fair trial. One way to accomplish this is by keeping unfairly prejudicial evidence away from the jury. But what happens when every potential juror is bombarded with negative media coverage about a defendant before the trial begins?

Pretrial publicity about a case can quickly become unfairly prejudicial. It can become nearly impossible for any potential juror to avoid it; and once exposed, it is hard not to make decisions about a defendant's guilt. Unfortunately, Christian Gerhartsreiter, aka Clark Rockefeller, Christopher Chichester (and various other aliases), is making headlines again. However, this time it is not for his 2009 kidnapping conviction, but because he has been charged with murder in California.

People tie the name Clark Rockefeller to his highly publicized parental kidnapping case in Massachusetts in 2009. During that case, the media had a field day with him due to his gift for convincing wealthy, well-connected people that he belongs among their ranks; even though he grew up in an undistinguished middle class family in Germany. His story is so compelling that he is the subject of a recently published book entitled The Man in the Rockefeller Suit: The Astonishing Rise and Spectacular Fall of a Serial Imposter. This book contains detailed interviews with over 200 people, whose unfavorable opinions of Rockefeller clearly cast him as a liar, a cheat and an impostor. There is no doubt that many of these interviews will be used as evidence against Rockefeller in his upcoming trial. But none of this proves he is a murderer! ABSOLUTELY NOT!

As if this new book weren't enough, there is also an unflattering television movie about him called, "Who Is Clark Rockefeller," which is available on DVD and a lengthy Wikipedia entry on him that describes every detail of his life. In other words, the negative material on Rockefeller is difficult to avoid.

There is no doubt that the pretrial publicity will be harmful to Rockefeller's case. Why? All of this existing information, which may be incorrect and/or could never be presented to a jury, has essentially been provided to potential jurors. For example, much of the pretrial publicity is hearsay and would be inadmissible in court. Additionally, potential jurors are going to be exposed to "experts" in newspapers and television who will all have opinions about Rockefeller's alleged guilt. If potential jurors miss the newspaper and television coverage, they will be exposed to discussions of the upcoming trial on blogs, internet chat rooms, Twitter, Facebook (after all, there are numerous "I Hate Casey Anthony" pages, which among them boast close to 5000 "Like" votes) and radio talk shows. By the time of the trial, there will be plenty of potential jurors who will have already decided Rockefeller is guilty.

With all of this pre-trial publicity, can Rockefeller even get a fair trial? Of course, there will be some people in the jury pool who have never heard of Rockefeller. But it's more likely than not that these people will have avoided pretrial coverage of this murder trial because they are uninformed or possibly even illiterate. A jury of this sort of unbiased jurors would certainly not represent a fair cross-section of the community in which the trial is taking place - a right that is also guaranteed by the 6th Amendment to the United States Constitution.

It remains to be seen whether the various protections available to defendants in high profile cases (e.g., directions by the judge, gag orders, venue changes, trial delays) will be able to reverse the damage of extensive pretrial coverage in the Rockefeller case. It is clear, however, that everything possible must be done to ensure that the jurors are not further exposed to tainted evidence during the trial and deliberations.

Los Angeles Sheriff's deputies recently made four arrests in what they believe was a cockfighting operation in the backyard of a Valinda home, The Los Angeles Times reports.

Charges involving animal cruelty in California are serious, as the state has some of the most comprehensive animal cruelty laws in the United States. Because of their severity, they should not be treated lightly. Consult with an experienced Los Angeles criminal defense attorney to protect your rights.

In the case in Valinda, deputies told The Times they discovered more than 40 birds in the 15800 block of Fairgrove Avenue in San Gabriel Valley. Authorities said about 100 people at the home fled when deputies arrived.

While authorities speculated the fight may have taken days to prepare, a neighbor told the newspaper she was surprised to hear that an illegal cockfighting operation had taken place. Authorities said the homeowner wasn't present when deputies arrived and they are investigating whether that person was involved.

Deputies arrested three adults and one juvenile on charges of suspicion of watching an animal fight exhibition, which is a misdemeanor. While law enforcement investigates this case, it is possible that others will be charged or charges against those arrested will increase. That's why it's important to prepare a defense as soon as possible in situations like these.

California has dozens of laws dedicated to the fighting of animals for sport. Most are punishable as misdemeanors, which could involve jail time and fines, but it is possible for prosecutors to seek felony charges in some cases, which could result in prison time and probation.

Prosecutors have the discretion to file a crime under the more specific animal cruelty laws, or under the more general animal abuse descriptions in Penal Code 597. Depending on the seriousness of the case, the defendant's criminal history and the law under which the crime is prosecuted, animal cruelty can be charged as an infraction, a misdemeanor or a felony. Defendants with criminal histories can have these charges enhanced and before you know it, the person could be facing serious prison time.

Continue reading "Four Arrested in Alleged Los Angeles Cockfighting Operation" »

In what sounds like one of David Letterman's Stupid Human Tricks, a California couple confessed on Dr. Phil that for the last 7 years they had been shoplifting toys and selling them on eBay. The couple, Matthew Eaton, 34, and his 26-year-old wife Laura, told a national TV audience they had made more than $1 million stealing from stores in several states and reselling the stolen merchandize online, a crime known as e-fencing. When the couple confessed on camera, an incredulous Dr. Phil said, "I'm no lawyer or cop, but isn't that a federal crime?"

A San Diego federal grand jury certainly thought so, recently indicting the two. Investigators raiding the couple's San Marcos home found more than 500 boxes of toys and other items.

The Eatons told Dr. Phil that they often used their three toddlers as decoys during shoplifting excursions. "Sometimes we just kind of go in together as a nice little family to make it seem like we're normal people, and we don't look like the kind of people that steal," Matthew said.

The Eatons said they were telling their story to help them stop shoplifting. Dr. Phil warned the Eatons to stop, but four months later they were still at it. At a court hearing last week the Eatons pled no guilty. They are being held pending bail, and their children have been placed with relatives.

Stealing something from a store is shoplifting. When the property stolen is valued at $400 or less, it is considered petty theft in California. When objects stolen are valued over $400, shoplifting is considered grand theft which carries more stringent penalties. To find out more about the crime of shoplifting and your legal rights, visit the website of experienced Los Angeles criminal defense attorney Stephen Rodriguez.

The suspected murderer of swimsuit model Jasmine Fiore has been found dead, an apparent suicide. Charged with murdering his ex-wife, reality TV contestant Ryan Jenkins had fled to his native Canada. His ex-wife was found stuffed into a suitcase in a trash bin south of Los Angeles. Strangled, her fingers and teeth removed, Fiore's mutilated body had to be identified by the serial numbers on her breast implants. Previous charges of domestic violence and recent accounts of bitter arguing, led California prosecutors to charge Jenkins with first-degree murder of his ex-wife. After initially reporting his wife missing, Jenkins fled, sparking a nationwide manhunt that ended when Canadian deputies found him dead in a hotel near Vancouver. Authorities suspect suicide.

According to U.S. Department of Justice data, 11% of murder victims are killed by an intimate; i.e., a spouse, ex-spouse, boyfriend or girlfriend. One-third of women murdered are killed by intimates, a number that is increasing. Murder, as defined in the California Penal Code, is the intentional and malicious killing of a person. Premeditation is the defining element between first- and second-degree murder.

• First-degree or felony murder requires prior consideration and planning of a willful and deliberate intent to kill. First-degree murder generally occurs during the commission of or intent to commit a crime. In California, first-degree murder carries a sentence of 25 years to life in prison.


• "Second-degree murder also requires malice and acting intentionally, but it does not require premeditation and deliberation," Los Angeles criminal defense attorney Stephen clarified. In California, the sentence for second-degree murder is 15 years to life in prison.

For information about murder defense, contact the law offices of Rodriguez, Lewis & Kahn. Fluent Spanish spoken.

Nearly a year ago a serviceman, his wife and their young son were tragically killed in a hit and run accident in Riverside County, California, east of Los Angeles. Witnesses told police a speeding truck weaving in and out of traffic lost control on a curve and plowed headfirst into the Chevy Malibu driven by Navy Corpsman Andres Cruz Sanagustin who was stationed at Camp Pendleton. The crash killed Sanagustin, his wife and their 4-year-old son. The driver of the truck, Chad Huber, left the scene of the accident, reported his truck stolen and fled to Mexico. Police investigators later found that Huber had been drinking in a local bar just before the accident.

After hunting Huber for five months, police finally caught him late last year when a sheriff's deputy discovered him driving a stolen car in Rancho Cucamonga. Police gave chase, and Huber was captured after crashing his car and fleeing into a nearby home. Huber was caught with the aid of a police dog, arrested and charged with hit and run and murder. Huber has been in custody in the San Bernardino County jail awaiting arraignment scheduled for today at the Southwest Justice Center.

"Leaving the scene of an accident prior to producing the necessary driver documentation is considered hit and run and may carry criminal charges," explains expert Los Angeles criminal defense attorney Stephen Rodriguez. The driver documentation you are required to provide includes:

• Name


• Driver's license number


• Vehicle identification number


• Insurance carrier's name and address


• Insurance policy number

California law requires drivers to stop and provide documentation whether an accident involves a moving vehicle, pedestrian, parked car or someone's property. "If you drive away, even if the accident wasn't your fault, you can be charged with the crime of hit and run," Rodriguez warns. It is the driver's responsibility to locate the owner of an unoccupied vehicle or property damaged in an accident. When the owner cannot be located, the driver is required to leave a visible note containing his contact information and facts surrounding the accident and file an immediate police report.

When accidents cause injury or death, driver's bear additional responsibilities. In injury accidents, the driver must render reasonable aid to the injured person in addition to providing required documentation. If death, referred to as vehicular manslaughter, occurs, the accident must be immediately reported to the police or California Highway Patrol. In serious accidents that involve injury, death or extensive property damage, drivers can be charged with a felony and may face harsh, life-altering penalties.

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

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

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

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


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


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


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


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

Actor Tom Sizemore was arrested in Los Angeles late last week on an outstanding warrant related to a 2007 drug offense. The actor was apprehended with another man when L.A. police answered a domestic violence call. According to an unverified report on TMZ.com, the actor and his buddy were found in possession of narcotics. Sizemore was booked and released. The Saving Private Ryan and Heat actor received probation last May on seven drug charges. That probation was revoked in April. Since 2003, the troubled actor has been in trouble with the law, arrested for various drug offenses, assault and theft.

In California, drug offenses are vigorously prosecuted. Drug offense penalties can be severe and result in a criminal record and prison time. In California, drug offenses fall into four categories:

• Drug possession for personal use. Possession of controlled substances for personal use is a felony in California, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. However, possession of marijuana, being under the influence of a drug, and possession of drug paraphernalia are generally charged as misdemeanors. You can be convicted of drug possession if drugs are found in your car, house or purse, even if drugs are not found on your person when you are arrested.


• Drug possession with intent to sell. Selling or the intent to sell drugs is a felony. Attorney Rodriguez cautions that you can be convicted of intent to sell drugs even if no money changed hands and the sale was not completed. If you are caught with drug packaging, weighing scales or cutting agents, or if police have proof of sales activities, you can be convicted of possession with intent to sell.


• Drug trafficking. Transporting, importing or selling/distributing drugs is a felony in California. However, if you are arrested with less than 28.5 grams of marijuana meant solely for personal use, you can be charged with a misdemeanor. L.A. lawyer Rodriguez notes that you can be charged and convicted of drug trafficking if you merely aid or conspire with someone to sell or purchase a controlled substance.


• Manufacturing drugs. Planting, cultivating or harvesting marijuana and manufacturing illegal drugs or possessing chemicals that can be used to manufacture illegal drugs are crimes in California.

"The most powerful defense for a drug bust or drug crime is the evidence and how it was obtained," notes skilled criminal defense attorney Stephen Rodriguez. Evidence obtained through an illegal search and seizure cannot be used to convict you. An experienced criminal defense lawyer can, in court, challenge the way evidence was obtained, resulting in dismissal if successful. A skilled criminal defense attorney may also be able to obtain alternative sentencing for non-violent drug offenders, substituting rehabilitation for jail time.

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

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

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

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

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

In a new ruling in an Arizona case, the U.S. Supreme Court has called a halt to what some justices called 28 years of unconstitutional police search and seizure practices in the U.S. In a 5-4 ruling, the court ruled that once a suspect has been handcuffed or placed in a police cruiser, police cannot search the passenger compartments of the suspect's vehicle without a warrant. The court ruled that the only instances in which a vehicle can be searched without a warrant are:

• If the officer has reason to believe that the suspect might destroy evidence or reach for a weapon.


• If the officer has reason to suspect that the vehicle contains evidence of the offense that precipitated the arrest.


• If there is probable cause for a search, such as the smell of marijuana or alcohol or visible contraband.

Law enforcement officers have termed the Supreme Court's decision one of the biggest legal turnarounds in years. Police officers in Los Angeles and across the country will no longer be able to stop a motorist for a misdemeanor driving offense such as license suspension, arrest the motorist briefly and then search his vehicle, and then release him with a court summons. The Supreme Court ruling does not prevent police officers from searching a vehicle for weapons if police believe the suspect to be dangerous, nor does the new ruling apply to vehicles impounded after a driver's arrest.

The American Civil Liberties Union said the Supreme Court's 1981 landmark vehicle search ruling had for years been abused by law enforcement officers well beyond the limits placed by the Fourth Amendment. The majority of Supreme Court justices agreed, saying that the new ruling was needed to rein in unjust searches and seizures and remind law enforcement officers of privacy rights that limit searches. There is some concern within the law enforcement community that the new ruling will impede drug arrests made during traffic stops.

If you are stopped by Los Angeles Police Department or California law enforcement officers and feel that your vehicle has been unjustly searched or your property unjustly seized, contact the expert criminal defense attorneys at Rodriguez, Lewis & Kahn to arrange a free consultation to review the facts of your case. The new Supreme Court ruling reinstates the Constitutional rights of individual citizens to be free of unjust police search and seizure. You can count on the experienced criminal defense lawyers at Rodriguez, Lewis & Kahn to protect your rights.

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

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

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

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

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

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

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

1. Modesto, CA (also first in 2007)


2. Laredo, TX


3. Yakima, WA


4. San Diego/Carlsbad/San Marcos, CA


5. Bakersfield, CA


6. Stockton, CA


7. Las Vegas/Paradis, NV


8. Albuquerque, NM


9. San Francisco/Oakland/Fremont, CA


10. Fesno, CA

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

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

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


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


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


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


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


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


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

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.