Los Angeles Criminal Defense Lawyer Blog

A recent case out of Michigan shows that sloppy police work must be considered when a Los Angeles criminal appeals lawyer is reviewing a case.

Whether cases of robbery or murder, an experienced lawyer will be able to look at all aspects of a case, from the investigation to the arrest to the conviction.

Not all errors in a Los Angeles criminal appeal require a new trial, but collectively they can. And, in rare situations, the mistakes made by defense lawyers, prosecutors or judges can be so severe that charges must be dropped altogether.

Wheeler v. The City of Lansing was a case based around a home invasion robbery investigation headed by a police officer and a sheriff's deputy in 2008. The two had been trying to solve who was responsible when they found a man who was alleged to have knowledge about some of the cases.

He told them that Wheeler, the girlfriend of a suspect, had in her apartment property from several home invasion robberies. The man took the officers to the apartment and pointed to the building number and the unit and pointed out a snow shovel in front that identified the unit. The officer looked up and noted the street name as Mapletree Court.

While the two officers went to a prosecutor to try to obtain a search warrant, another officer doing surveillance on the apartment obtained a key from the manager, who confirmed that Wheeler lived at the unit in question.

A prosecutor typed up the affidavit, but only one of the officers signed the affidavit, even though both provided information. The warrant stated that officers were looking for personal property from 19 home invasions even though the affidavit only described two home invasions that the informant admitted to participating in. Despite the discrepancy, the search warrant was signed.

After the SWAT team busted into the apartment, they came out with cameras, a power cord for a laptop, jewelry, a 19-inch television, a laptop, video game consoles and a bill addressed to Wheeler and one to her boyfriend. The warrant had sought much more property, not including big screen TVs, guns and computers that weren't found.

Wheeler filed a lawsuit against the officers and the police department, alleging that her constitutional rights were violated. She claimed she was subjected to unlawful search and seizure in violation of the Fourth Amendment, among others. She also claimed that her address is Endicott Court, not Mapletree Court.

Attorneys for the officer who didn't sign the affidavit claimed he should be entitled to "qualified immunity" because he didn't physically seize any items and because he didn't sign the affidavit. He passed the buck to the prosecutor and judge who signed the warrant.

Among other issues discussed in its opinion, the appeals court reversed the decision by the lower court that granted qualified immunity for the officer who provided facts for the search warrant, but didn't sign it.

While this is a civil lawsuit, many of these same facts could have been brought up during the criminal case as well as during an appeal of the criminal charge. At any rate, officers will sometimes get so caught up in the chase of finding a suspect that they mislead judges on affidavits -- intentionally or not -- or fudge facts to get the judge to sign off.

This can lead to charges being dropped if discovered by a Los Angeles criminal defense attorney. If not, an appeals lawyer is there to pick up the pieces and ensure that everything is reviewed properly to ensure a defendant's rights are upheld.

Continue reading "Wheeler v. The City of Lansing Shows That Police Actions Should Be Scrutinized in L.A. Criminal Appeals" »

The recent case of the United States of America v. Carl Roy Burleson brings up critical issues relating to police actions and whether evidence should be held out of a trial as a result of not following policies and protocols.

In this case, Burleson was walking down the street with two others when they were stopped by a Roswell, New Mexico, police officer. The officer made the stop because they were walking in the middle of the street and were carrying a dog that wasn't on a leash.

The officer explained they couldn't walk in the middle of the street and discovered the dog wasn't stolen. But then asked them for their names and sought to run a warrants check on them. Dispatchers told the officer the defendant had an outstanding warrant and after a search, the officer found two handguns and ammunition on the defendant.

The defendant filed a motion to suppress the evidence of handguns and ammunition as evidence found during an unlawful seizure under the Fourth Amendment. Under the Fourth Amendment, Americans enjoy the right to not have to go through unlawful search and seizure. This means the police must have a reason, and in many cases a search warrant signed by a judge, to enter someone's house, car or business looking for evidence.

The man's judge agreed and granted the motion, saying that after talking with the group, the officer had completed the purposes of the stop and detention. He had no lawful basis to conduct a warrants check. The government appealed and the Tenth Circuit Court of Appeals reversed the decision and sent the case back.

According to the officer's testimony, the officer stopped them because he was concerned about recent pet thefts as well as property crimes and a shooting in the area in recent weeks. He said later he didn't intend to cite them for the traffic violation, but wanted to know who they were.

After getting a name and Social Security number, the officer confirmed the warrant and the defendant told him he had two guns on him when he was being handcuffed. The officer found the guns and ammunition after searching the man.

After being indicted on a federal charge of possession of a firearm by a convicted felon, the man filed a motion to suppress the evidence. During the hearing, the officer testified he didn't intend to cite them and after they gave him answers to his questions, he was satisfied with their answers. The judge ordered that that should have ended the encounter because the suspects did nothing "to raise additional suspicion of criminal activity by that point."

The higher appeals court found that the district court erred in its decision that the officer "had no objective basis for fearing for his safety." The court ruled that the officer was alone and had stopped three people at midnight in an area that had recently experienced criminal activity, including a shooting.

Based on a prior case out of the Tenth Circuit Court of Appeals, the three-judge panel ruled that the officer could have easily faced a "dangerous confrontation," so a warrants check based on officer-safety grounds were legitimate.

It's unclear if the defendant has appealed or plans to appeal the ruling to a higher court. While this hasn't turned out well for the defendant to this point, hope is not lost. There are other courts that may be able to intervene and again rule on the issues.

A motion to suppress evidence is a critical motion to present in Los Angeles criminal cases. Essentially, it alleges that the officers didn't follow procedures and shouldn't have sought to get evidence to use against the defendant. This motion can also apply to statements the defendant makes should officers not explain or adhere to Miranda Warnings protocol as laid out by prior court cases.

Continue reading "United States of America v. Carl Roy Burleson Proves Importance of Motions to Suppress Evidence in Los Angeles Criminal Cases " »

A man has been arrested by police after allegedly being involved in the shooting of a Los Angeles Police officer, the Los Angeles Times reports.

The officer is expected to make a full recovery after reportedly being shot during a routine pedestrian stop.

This is bad news for the person accused of the suspicion of assault with a deadly weapon charge in Los Angeles on the officer. Any time a high-profile figure, such as a police officer or sheriff's deputy, is injured in the line of duty, the defendant has an especially difficult time in the justice system.

While the state would never admit they treat cases differently based on the victim and the suspect, they do. If the victim was a young, adorable child, the defendant may face a more serious penalty if the circumstances are similar to an older victim who may have a criminal record themselves. It may not be fair, but it certainly happens.

When an officer is the victim, an experienced and aggressive Los Angeles Criminal Defense Attorney must be summoned in order to ensure the rights of the accused are upheld. When one of their own is victimized, they tend to pay extra special attention to the case. And so do their bosses, and the media.

For all these reasons, the case deserves extra scrutiny and the state must be held accountable. And with news media reports tainting the jury pool, the case may be more challenging to get a fair trial.

In this case, the officer was shot on a weekday around 3 p.m. as the officer and partner were in an unmarked police cruiser investigating a rash of car burglaries. While they were driving, they stopped to question two men on the side of the road. One of the men allegedly pulled out a handgun and started firing, the newspaper reports.

The injured officer was struck twice in the chest, but was protected by a bulletproof vest. He was also hit in the hand and wrist.

More than 100 officers were summoned and sent to a search area and went door-to-door to find the suspects accused of the crime. They arrested one person and charged him with suspicion of assault with a deadly weapon, yet police haven't released why they believe he may be involved or what his alleged involvement was.

Police said they recovered a gun inside the search area that may be the one used in the shooting, but that officials are still testing the weapon for forensic evidence. The newspaper reports 125 serious assaults on city police officers so far this year, a 30 percent spike from the same time period last year.

Think about it: 100 officers were called in to go door-to-door to search for suspects. It takes a lot of straining to recall a time when the police department put that much effort into find a suspect involved in shooting an everyday citizen, let alone killing someone.

This highlights the lengths the state will go to to ensure a person involved a police-related shooting is convicted. And that's just the arrest process. Once the case gets into the court system, the efforts are stepped up as well. Therefore, the defendant must fight the charges with an experienced attorney who will stand by their side.

Continue reading "Man Arrested in Connection With LAPD Officer Who Was Shot" »

Nearly 1,000 Southern California DUI suspects may go free because of faulty breathalyzers used by San Jose Police officers, the Mercury News reported.

Los Angeles drunken driving defense lawyers understand that breathalyzer test results are often faulty. Still, law enforcement continues to use portable and stationary breath tests in the ongoing crackdown on drunk drivers.

Rick Springfield is the latest celebrity arrested for DUI in Los Angeles, according to CBS News.

The Santa Clara County District Attorney's Office announced it will review cases over a month to determine how many to drop after officers used the Alco-Sensor V breathalyzer as part of field sobriety tests. The breathalyzers may have shown incorrect readings because of a manufacturer's error that caused condensation to built up in the tube. The devices were also used by Palo Alto police.

The technicality could get some suspects off the hook by a dropped case or reversed conviction. Some arrested weren't drunk but were wrongly believed to be intoxicated because the device was faulty. The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes.

Recently, San Jose officers stopped using the device after six months, while Ventura County authorities began reviewing hundreds of similar cases in the last few weeks. An unknown amount of cases could be affected in Palo Alto, where officers have been using the device since April 2010.

It appears a breathalyzer was used in the recent arrest of "Jessie's Girl" singer Rick Springfield, who was pulled over by the Los Angeles County Sheriff's Department for a traffic violation.

According to People magazine, Springfield's blood alcohol content was measured at .10, over the .08 limit in California. Springfield, 61, allegedly failed sobriety tests administered by officers after they smelled alcohol in his vehicle.

Continue reading "Breathalyzer Results Often Challenged in Los Angeles Drunk Driving Arrests" »

The Los Angeles Police Department reports that it has cleared nearly two-thirds of the backlogged rape test kits found in a 2008 city audit and expects to clear the remaining 4,500 by the summer of 2010. In a scandal that made the national news, a 2008 city audit of the LAPD discovered a backlog of 12,000 unprocessed rape kits, 200 of which had been awaiting testing for more than 10 years, putting them past the prosecution statue of limitations.

Rape kits are used to collect physical evidence of sexual assault, including DNA, from a victim's body after an assault. Timely processing and analysis of rape kits is critical to identifying and convicting rapists, particularly repeat offenders, before they assault another victim. The DNA processed in rape kits is often the only method of positively identifying an attacker or exonerating someone falsely accused. Earlier this year, DNA analysis delayed because of LAPD's backlog led to the arrest of a serial rapist/murderer the police have been hunting since the 1970s.

Human Rights Watch (HRW), a victim's rights advocacy that helped uncover the backlog, has made an example of LAPD's poor handling of the problem to give the issue a national forum. LAPD is not the only law enforcement agency dealing with a backlog of rape kits. Poor administration, lack of funding and the failure or inability of law enforcement to prioritize DNA testing in rape cases are cited as common problems leading to testing backlogs. Two new bills have been introduced in the California legislature that would improve law enforcement's ability to process rape kits throughout the state.

Rape is the most serious of the sex crimes prosecuted in California. Illegal sexual activity includes rape, child abuse, child molestation, sexual assaults, sexual battery, indecent exposure, statutory rape, date rape, prostitution, solicitation, pornography and sodomy. Penalties for conviction of rape and other sex crimes are severe and life changing. Offenders can be required to register with local police as sex offenders which can severely limit housing and employment and ostracize offenders from the community. If you are charged with rape or any California sex crime, it is critical that your immediately seek counsel from an experienced criminal defense attorney like Stephen Rodriguez in Los Angeles.

While a few sex crimes such as indecent exposure and solicitation for prostitution are usually charged as misdemeanors, most sex crimes in the state of California are charged as felonies and vigorously prosecuted by special Sex Crimes Units in the District Attorney's office. If contacted to represent you early enough, a knowledgeable criminal defense attorney like Stephen Rodriguez may be able to minimize sex offense charges against you.

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.

Amidst the economic doom and gloom, there's good news for folks who live in the City of Angels. Los Angeles Police Chief William Bratton announced last week that crime in the city of Los Angeles has declined by 3% with gang-related crime dropping 11% since this time last year. Violent crime is down 4.8% overall, Bratton told the Los Angeles Police Commission, a civilian panel that oversees the LAPD. He provided the following breakdown on Los Angeles the crime statistics:

• Homicide down 8.7%


• Gang-related murder down 26.6%


• Rape down 14%


• Aggravated assault down 7.1%


• Robbery down 1.8%


• Burglary down 1.9%


• Grand theft auto down 4.4%


• Burglary from vehicles down 2.1%


• Personal theft down 1.4%

While the newly released figures are laudatory, criminal defense attorney Stephen Rodriguez warns that the L.A. crime decrease may be short-lived. National law enforcement experts are already noticing an increase in misdemeanor crimes like petty theft and shoplifting. Felony robbery, particularly bank robbery, is also on the rise nationally. People hard hit by the economic collapse, particularly the growing legions of unemployed, are turning to crime, particularly theft, as a last resort for the money and things they need.

Escalating home foreclosures -- experts appearing on CBS' 60 Minutes last night estimated that 8 million American will lose their homes in the next year -- are forcing more people into the streets, many with nowhere else to go. Homeless shelters are full, and some have even been forced to close as the donations that support them dry up. Soup kitchens are serving record crowds. Many of these people do not qualify for assistance programs that are already struggling to serve growing numbers of needy people. Adding insult to injury, financially strapped cities and counties are being forced to curtail services just when they're needed most.

Put together, national law enforcement experts say it's a recipe for disaster. Any time the fabric of society tears, any time social systems break down, crime increases. When they feel there are no options, when they are desperate to provide for their families and their children, normally law-abiding citizens will turn to crime. If you become a victim of economic pressures you can't control, seek the services of expert Los Angeles criminal defense lawyer Stephen Rodriguez. He'll fight for your rights.

Los Angeles residents have turned in a record number of guns this year in the area's annual Gifts for Guns exchange. Residents hard hit by the economy and unemployment are pulling firearms out from under their beds and the backs of closets and turning them in for food and other necessary staples.

In the annual program, the Los Angeles County Sheriff''s Department allows residents to anonymously relinquish firearms in exchange for $100 gift cards for Ralph's supermarkets, Target or Best Buy. Turning in an assault rifle doubles your gift. Operating in several major U.S. metropolitan areas, gun exchange programs like the one in L.A. were initiated to pull guns off the streets and decrease gun and gang violence in volatile urban areas.

In previous years L.A. residents preferred to go holiday shopping with Target or Best Buy cards. This year, most have asked for supermarket cards, said Sgt. Byron Woods. "People just don't have the money to buy the food these days," he said, noting that most program participants are "family people." "One guy said he had just got laid off from his job," said Woods. "He turned in five guns and said it would really help him to put food on the family's table." The sheriff's department expects to collect 1,000 weapons this year.

"California weapons charges are serious and come with jail time," warns Los Angeles criminal defense attorney Stephen Rodriguez. In California, it is illegal to possess a gun without a permit, possess an assault weapon, possess an illegal weapon (knives, daggers, brass knuckles, nunchucks, etc.) or possess a firearm if you are an ex-felon. It is illegal to brandish or discharge a firearm, sell a firearm illegally or use a gun to commit a crime.

Gun and weapons charges are aggressively prosecuted in California. Most weapons offenses are charged as felonies under California law; however, possession can be charged as a misdemeanor. In the hands of an astute and experienced criminal defense attorney, the type of weapon involved, how it's being used, whether it's loaded or concealed, and the individual's record can impact the charge. Because California uses determinate sentencing, the nature of the crime can significantly affect sentencing.

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

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

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

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

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


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


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


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


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


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


• Take advantage of valet services.


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

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

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

Fears that President-elect Obama will push for more restrictive gun laws after his inauguration in January have sent gun sales shooting through the roof. Recently released FBI statistics show a significant increase in gun purchases since the election earlier this month. Criminal background checks for gun buys have jumped 49% over this time last year. In fact the increase may be even greater since more than one gun can be purchased on a single background check. Statistics on national instant criminal background checks show that 374,510 people purchased a handgun or long gun during the first week in November, compared to 251,804 during the same week last year.

The FBI says that gun purchases have been running higher than normal all year. More than 6.9 million guns have been purchased to date nationwide, a 7% increase over 2007. Gun shops across the country have reported record sales since the election. They're scared to death of losing their rights," said David Hancock, a gun shop manager, noting that his gun sales doubled over the last week. Although gun sales typically increase during fall hunting seasons and lag in the summer, October sales were up unusually high -- 15% over last year. November and December sales are expected to follow suit and may even increase as people buy guns for holiday gifts and complete gun purchases before the change in administration.

National Rifle Association Chief Executive Wayne LaPierre attributes the buying onslaught to fears that an Obama administration and Democratic majority in Congress will drastically increase taxes on gun sales or ban certain weapons. "I think they're going to really try to crack down on guns and make it harder for people to try to purchase them, said gun enthusiast Rachel Smith of Virginia who plans to purchase five guns before January. She said she's taught all five of her children, aged 4 to 10, to shoot.

Although it's too soon to see if an increase in gun sales will lead to increases in gun crimes, law enforcement officers are watchful. Historically, more guns on the streets usually means more crimes committed with guns and more violations of gun law. In California, weapons charges are serious and are aggressively prosecuted. Most gun violations result in jail time and expensive fines. Conviction of a gun violation usually results in a criminal record which can affect your ability to obtain employment and housing. If you are charged with a weapons violation, consult a skilled Los Angeles weapons lawyer right away to protect your rights.

Every Los Angeles criminal defense attorney has faced police errors, either in the not following proper procedure, fudging paper work or some other mistake that enables the attorney to help his/her client beat the charges. Not every error is done with malice, but Los Angeles criminal attorneys with a keen eye for detail can be incredibly valuable when mistakes are made by law enforcement.

In Los Angeles, it was recently reported that police have arrested innocent people due to faulty fingerprint analysis but have not determined how many cases were affected by such errors, police officials said. A confidential police report details two cases in which charges were dropped after problems with the fingerprint analysis were discovered. Police blame shoddy work and poor oversight for the mistakes.

One fingerprint analyst, who was involved in both the mishandled cases, was fired and three others were suspended last year after internal investigations. Two supervisors in the department's latent print unit were replaced.

The report details the case of a pregnant hospital technician who was charged with breaking into a store in February 2006 because of an erroneous fingerprint identification. The department said prints in that case were lost and could not be re-examined. The charge was dropped.

The law firm of Rodriguez, Lewis & Kahn has an outstanding record assisting clients who have been charged with criminal offenses. Our attorneys have extensive experience and knowledge of the California criminal justice system, which enables us to help our clients make the right decisions about resolving their cases. In addition, our lawyers focus exclusively on criminal defense.

Disturbed by increasing gang violence, Los Angeles and other cities are fighting back -- with lawsuits. L.A. City Attorney Rocky Delgadillo is using injunctions and restraining orders to keep gangs from terrorizing city neighborhoods. He's not alone in using the new crime-fighting legal tactic. California law enforcement officials, including those in Rialto, San Clemente, San Francisco, San Jose and Orange, have filed more than a dozen gang injunctions so far this year.

With gang activity increasing across the country, other states are following California's lead. Florida recently passed a law allowing for civil injunctions against gangs. Similar laws have been passed by cities in Illinois, Texas and Minnesota and bills are pending in Massachusetts and Hawaii. According to the FBI, nationwide gang complaints increased 26% from 2002 to 2007 and arrests increased 18%.

"Injunctions (provide) the power to keep gangs from gathering and holding meeting," explained Florida Attorney General Bill McCollum. Cities are using injunctions and restraining orders to prevent gangs from meeting, congregating or talking to each other on public property. They can be used to establish curfews and prohibit the wearing gang apparel or flashing of gang signs in safety zones.

Since the 1980s, L.A. has used gang injunctions to deter gang violence. Bruce Riordan, L.A. director of gang operations, said the city now has 40 injunctions in place to corral nearly 60 gangs. The practice was upheld by the California Supreme Court in 1997. Riordan says the use of injunctions has decreased gang crime in L.A. by 25% to 33%. Orange County D.A. Susan Schroeder said injunctions have cut gang crime in San Clemente and San Juan Capistrano by 33% and 85%, respectively.

Critics say the injunctions place unfair prohibitions on lawful activity. "It criminalizes ordinary daily activity," said Peter Bibring of the American Civil Liberties Union of Southern California. "It places a huge burden on the basic freedom to live and engage in ordinary life."

Former Barrio Dream Homes gang member Javier Pinuelas of Cathedral City, California, said he served his time and cleaned up his life after a 2004 conviction. Now a law-abiding construction worker, he said a gang injunction interferes with his ability to work. He's trying to have his name removed from the injunction. "If I am talking to another guy who they say is a gang member, that's not allowed," Pinuelas said. "I don't want to get arrested for some guy walking up to me and saying, 'Hi.'"

"Taking legal action against a person for something they might do is the first step on a slippery slope," admitted Jake Wark of the Suffolk County, Massachusetts District Attorney's office. If you are unfairly targeted by a gang injunction or restraining order, contact an experienced criminal defense attorney.

Residents in West Los Angeles may finally be able to sleep better. The "Silverware Bandit" is under arrest. Police have arrested a suspect they believe is responsible for at least 15 home invasions and robberies in West Los Angeles and another string of robberies in Santa Monica.

Since the end of May the Westside neighborhood has felt like it was under attack. Neighbors up in arms about what they termed a "mini-crime wave" organized neighborhood watch groups to protect themselves. While police shared residents' concerns and did increase police resources to the area, they pointed out that violent crime is down in Los Angeles.

The home invasion robberies on the Westside targeted mostly elderly women living alone in single-story homes. Since the end of May a man in a ski mask hit more than a dozen homes, stealing jewelry and money and leaving his victims traumatized. Neighborhood residents said they didn't feel safe and many still don't, despite the arrest. They fear the suspect may have had an accomplice who is still on the loose. At least one longtime elderly resident frightened by the violent thefts has moved out and other residents have installed alarms, fences and other security devices.

Violent crime on the Westside decreased 4% between January and August this year, 6% citywide, according to LAPD statistics. Homicides, rapes, burglaries and property crimes are all lower than at this time last year in West LA; but the robbery rate has held constant.

To protect yourself from robbery and burglary:

• Make your home an unattractive target. Trim shrubs and trees away from windows and doors. Install motion sensors on outdoor lights. Install light sensors on porch lights that turn on automatically at dark. Fence your yard and padlock the gate.


• Make it hard for robbers to break in. Install deadbolt locks, safety chains and double-pane windows. Don't leave extra keys under the mat or in a flower pot. Don't leave keys in the locks on the inside of the door where robbers can break a pane of glass and reach in to unlock the door. Keep the door to an attached garage locked. Keep a metal rod or broomstick in the track of sliding glass doors.


• Install an alarm system or sign up for a security service.


• When you leave home or travel, purchase light timers ($10) to turn lights on and off. Look for timers that allow you to vary the on/off times daily. A device can be purchased for about $90 that opens and closes blinds. Stop the mail and newspapers. Ask a neighbor to keep an eye on your house and park a car in your driveway. Provide him with emergency contact phone numbers.

Despite a well-publicized decrease in LA murder rates last month, shootings between June 29 and July 26 increased a dramatic 24% from the previous reporting period. While July marked the lowest number of homicides --19 -- in Los Angeles since March 1970, 141 people were shot.

In California, gun and weapons charges are serious crimes that are aggressively prosecuted. Sentences usually involve time in jail or state prison, expensive fines and loss of the weapon. If convicted, a criminal record may make it difficult to find employment and housing.

Possessing a gun or firearm without a permit, possessing a deadly weapon, brandishing or discharging a firearm, illegally selling a firearm or using a gun to commit a crime are serious crimes. Deadly weapons are broadly defined in California and can include not only guns, knives, brass knuckles, nunchucks and other martial arts weapons, but box cutters, tear gas, keys, a car, even your own fist if it is used to harm someone.

Most gun and weapons offenses are charged as felonies under California law. Gun and weapons charges fall under California's determinate sentencing system which allows the judge to choose from three predetermined prison terms (4, 8 and 12 years) depending on the nature of the crime. In certain cases, circumstances can allow possession to be charged as a misdemeanor. Misdemeanor charges carry a maximum sentence of a fine and up to one year in county jail.

If you are charged with a gun or weapons offense, an experienced criminal defense attorney can protect your rights.

Despite a well-publicized decrease in LA murder rates last month, shootings between June 29 and July 26 increased a dramatic 24% from the previous reporting period. While July marked the lowest number of homicides --19 -- in Los Angeles since March 1970, 141 people were shot.

In California, gun and weapons charges are serious crimes that are aggressively prosecuted. Sentences usually involve time in jail or state prison, expensive fines and loss of the weapon. If convicted, a criminal record may make it difficult to find employment and housing.

Possessing a gun or firearm without a permit, possessing a deadly weapon, brandishing or discharging a firearm, illegally selling a firearm or using a gun to commit a crime are serious crimes. Deadly weapons are broadly defined in California and can include not only guns, knives, brass knuckles, nunchucks and other martial arts weapons, but box cutters, tear gas, keys, a car, even your own fist if it is used to harm someone.

Most gun and weapons offenses are charged as felonies under California law. Gun and weapons charges fall under California's determinate sentencing system which allows the judge to choose from three predetermined prison terms (4, 8 and 12 years) depending on the nature of the crime. In certain cases, circumstances can allow possession to be charged as a misdemeanor. Misdemeanor charges carry a maximum sentence of a fine and up to one year in county jail.

If you are charged with a gun or weapons offense, an experienced criminal defense attorney can protect your rights.

Los Angeles Mayor Antonio Villaraigosa, Police Chief William Bratton and City Council members are celebrating an across-the-board drop in Los Angeles crime rates that the mayor categorized as "historic" lows. At a news conference last week, Villaraigosa praised Chief Bratton and the Los Angeles Police Department, saying, "a tide of safety and security is surging throughout the neighborhoods of our city."

All categories of violent and property crimes are lower this year compared to 2007, including gang-related crimes. According to LAPD figures, the overall crime rate is down 5.8% compared to the same period in 2007. Homicides have fallen below 2007 statistics despite an initial surge early in the year. By July 26, 2007, LA had experienced 216 homicides, compared to 212 this year. With only 19 homicides last month, July marked the lowest one-month total since March 1970. Rapes are down 15%, auto theft 8% and gang crimes 13.8%.

The mayor credited his initiative to hire 1,000 new police officers with having an impact on the city's crime rate. With half the new officers on the beat, critics suggested the mayor might slow the hiring campaign. The mayor and police chief have been criticized for raising trash collection fees to finance LAPD budget items. Villaraigosa responded to critics, saying, "I'm looking them in the eye and saying, 'I'm moving forward; I'm going to grow this police department.' "

Asked why Los Angeles crime statistics had dropped so dramatically, Chief Bratton say, "Cops -- C-O-P-S -- make no mistake about it." He also credited LAPD's new crime tracking process, CompStat, that computes daily crime data to send extra officers to trouble spots.