Los Angeles Criminal Defense Lawyer Blog

Back in Los Angeles court this week, R&B star Chris Brown pleaded not guilty to the charge that he physically abused his off-and-on girlfriend, pop star Rihanna. Arraigned in Los Angeles Superior Court, neither the 19-year-old Brown nor his attorney spoke to the press. After the hearing, Rihanna's attorney told reporters the 21-year-old singer hopes Brown, with whom she is still involved, will be able to reach a plea bargain with the Los Angeles prosecutor's office. Brown will be back in court later this month for a status hearing. If convicted, Brown could face up to four years in prison.

Since the reported February attack, photos of a bruised and battered Rihanna have circulated on celebrity gossip websites, along with reports of the couple's off-and-on love affair, a tearful apology by Brown, and even rumors of a secret wedding. Police reports indicate that Brown shoved Rihanna's head against the window of his rented Lamborghini during a roadside argument last winter, punching her in the face repeatedly while yelling, "I'm going to kill you."

Brown faces potentially harsh consequences for his actions. In California, assault and battery can not only result in felony charges but conviction can count as a strike under the state's harsh Three Strikes Law, warns expert Los Angeles criminal defense attorney Stephen Rodriguez. While domestic violence most often happens behind closed doors, Brown and Rihanna's celebrity status has pushed the issue into the media spotlight. Most of the victims of domestic violence are women. Domestic violence accounts for the majority of emergency room care provided to women in the U.S. More than 32% of Americans know someone who has been a victim of domestic violence. More than 50% of female victims never come forward and 25% are repeat victims, complicating prosecution and defense. However, once domestic violence charges are filed, Rodriguez said, "it is very difficult to get the charges dropped;" even if the victim wants to, as it appears Rihanna does.

What many couples don't understand is that once an arrest is made the prosecutor takes over the case. Rodriguez explained, "When this happens, even if the victim wants to forgive and forget, the victim is simply a witness and must take a back seat while the prosecutor moves ahead with the criminal case." In such cases, as with Brown and Rihanna, the skill and legal knowledge of an experienced Los Angeles criminal defense attorney like Stephen Rodriguez is needed to defend against charges of domestic violence and assault.

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.

California prisons are full of people who made poor choices. Deciding to commit a crime is often just the first in a series of fateful decisions. Individuals charged with a felony or misdemeanor often compound their problems by choosing an attorney who is unfamiliar with the local court system or by choosing an attorney who lacks sufficient experience litigating criminal defense cases in California. If you are charged with a felony or misdemeanor in the Los Angeles area, failing to hire an aggressive and experienced Los Angeles criminal defense attorney can cost you your freedom.

What if I'm innocent? Too late, many people find out that being innocent is not enough. Innocent people go to jail all the time. Many people in Los Angeles believe that if they're innocent, they don't need an experienced criminal defense attorney to represent them in court. Many people choose to rely on a trusted family attorney when they're charged with a felony or misdemeanor. Some even try to represent themselves. They don't seem to realize the seriousness of the charges and the disastrous consequences of conviction.

When they're in legal trouble, people tend to call a lawyer they trust. Unfortunately, the attorney who handles your will or who managed your last house sale or who represents you in business matters does not have the specialized knowledge and trial experience to adequately represent you in a criminal case. Like medicine, law has become a highly specialized field. You wouldn't ask your family doctor to perform heart surgery. Don't ask your family lawyer to provide expert criminal defense that may be well outside his area of expertise.

What if I'm arrested? What you say and don't say when you are arrested and the circumstances of your arrest can be critical to your defense. If you are arrested for a felony or misdemeanor in California, you should immediately exercise your right to consult an attorney before making any statement. Both felonies and misdemeanors can result in jail time and a criminal record that can make finding employment and housing difficult.

Experienced Los Angeles criminal defense attorney Stephen Rodriguez and his associates have earned an outstanding record assisting clients who have been charged with criminal offenses in Los Angeles and the surrounding area. Their extensive criminal defense experience and expert knowledge of the California criminal justice system enables the skilled criminal defense attorneys at Rodriguez, Lewis & Kahn to protect their clients' rights, clearly explain legal options, and assist their clients in making the right decisions about their cases. If you are arrested or charged with a crime, contact the expert criminal defense attorneys at Rodriguez, Lewis & Kahn immediately.

-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.

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.