Los Angeles Criminal Defense Lawyer Blog

The use of California's three-strikes law against a man facing fraud charges is exactly the type of prosecutorial overreaching and misuse that defense attorneys have long warned would occur.

The Los Angeles Times reports the 47-year-old defendant is facing 23 felonies for allegedly scamming five victims out of the titles to their homes Charges include theft from the elderly, identity theft and real estate fraud. He previously spent five years in prison after being convicted of a foreclosure rescue scam in the 1990s.

California's three-strikes law requires those with previous strike convictions to serve a prison sentence that is almost double what would otherwise be served upon a subsequent conviction. Those facing a third strike could be sentenced to 25 years to life in prison. The law is meant to combat violent criminals and that is how it was sold to the public. Here, it is being used against a white collar defendant.

The Times reports it could be one of the first times a white-collar crime is punished under the state's three-strikes law. "I've never heard of such a case," said Stan Goldman, a Loyola Law School professor and outspoken three-strikes opponent. "This law was intended to deal with serious and violent felons and lock them up forever."

The defendant received his first two strikes, both for residential burglary, in 1997. Even that case did not involve traditional burglaries; instead, he was convicted of talking his way into victims' homes, offering to refinance mortgages, and diverting property or loan proceeds for himself.

California's three strike's law makes it critical to consult with an experienced Los Angeles criminal defense attorney regardless of they type of felony charge you are facing. Keeping a clean record is vital to protecting your rights and your freedom. Too often, the presence of a previous strike conviction can turn a relatively minor criminal charge into the threat of decades behind bars. Any felony will serve as a third strike.

The time to fight is now, not after you have two strikes on your record.

Continue reading "Los Angeles white collar fraud charges could lead to life in prison under California three-strikes law" »

You can debate the effectiveness of California's tough Three Strikes Law until you're blue in the face (see our Feb. 25 post), you can argue that their application sometimes results in punishments too harsh for the crimes committed; but the reality is, in California, the majority of politicians, law enforcement officials and the general public are convinced that harsh sentencing of repeat offenders works as a crime deterrent. Whether you agree or not, "three strikes and you're out" is what you're faced with if you're a repeat criminal offender in Los Angeles or anywhere in the state of California.

Sometimes, though, the forced application of the Three Strikes Law would seem to amount to a miscarriage of justice, particularly in a state overwhelmed by seriously overcrowded prisons. Expert Los Angeles criminal defense attorney Stephen Rodriguez recounted the case of Jerry DeWayne Williams who was convicted of stealing a single slice of pepperoni pizza from a group of children.

Williams "received a Third Strike sentence because he had two prior felony strike convictions," LA criminal defense attorney Stephen Rodriguez explained. "Jerry Williams was sentenced to life in prison after pinching the pizza ... because he had a history of robbery, attempted robbery, unauthorized use of a motor vehicle, and possession of a controlled substance. Making off with the slice was petty theft, but, because of California state law and Williams' earlier convictions, the crime was classified as a felony."

In Los Angeles and California, the Three Strikes Law mandates that defendants convicted of a prior strike offense must be sentenced to twice the usual prison term for their crime. Defendants convicted of two or more prior strike offenses face a life sentence if convicted of a third felony, even if that felony is not a strike offense. Designed to be tough on crime, the California law is harsh. Not only does it increase prison sentences, it reduces credits for good behavior.

Conviction of a three strikes offense can be disastrous. The experienced criminal defense attorneys at Rodriguez, Lewis & Kahn are tough and aggressive and understand what's at stake. As Rodriguez says, he and his Los Angeles criminal defense associates "believe that all defendants, no matter what the accusation, are entitled to a thorough and aggressive defense."

Battling statistics are being used -- in New Zealand of all places -- to debate California's Three Strikes Law and whether it has actually reduced the crime rate. Why? Because the small island nation near Australia is considering implementing a Three Strikes Law. While the New Zealand proposal is significantly different from California's Three Strikes Law and those of the 22 other U.S. states that have introduced Three Strikes legislation, it hasn't stopped NZ politicians from spouting California statistics to support their cause.

NZ politician David Garrett's claim that California's "three strikes and you're out" laws have reduced homicide and robbery convictions in California by 50% has opponents crying "foul." The opposition says that a general nationwide decrease in U.S. crime rates that began five years before California adopted its Three Strikes Law makes such statistics suspect.

"Were 'three strikes' the cause of a significant part of the decline, the rate of decline should have increased after its passage," said Kim Workman, Director of Rethinking Crime and Punishment in a recent news release on the "Scoop" Politics website. "Instead, the rate of decline remained constant, suggesting that the causes of the decline that were operating prior to the passage of the law continued to be the primary reason for the drop in crime rates."

Workman points out that at the time California adopted its tough Three Strikes Law, New York and Canada, neither of which has a Three Strikes deterrent, enjoyed crime rate declines ballyhooed by Californians as being questionably -- in Workman's view -- attributed to the new Three Strikes Law.

"Even in California, the results were unclear," Workman argues. "Californian counties that aggressively enforced the law had no greater declines in crime than did counties that used it far more sparingly. One study found that crime dropped by 21.3% in the six most lenient 'three strikes' counties, compared to a 12.7% drop in the toughest counties."

Workman contends that the only way to truly gauge the effectiveness of California's Three Strikes Law will be to see what happens to the state's crime rate when offenders incarcerated under the law finish serving their time and are back on the streets. Workman is of the opinion that lengthier prison sentences don't reduce a criminal's taste for crime.

Workman's views certainly make for interesting thinking. More on Friday.

A violent assault in Tarzana at a strip club shocked the community and highlights the seriousness of assault charges. Police were searching for two people accused of an assault, setting on fire and critically injuring an exotic night club dancer. The incident occurred at or near the Babes & Beer nightclub. Police were searching for Rianne Theriaultodom, 27, of North Hollywood, and Nathaniel Marquis Petrillo, 22, of Reseda, in connection with the crime.

Witnesses identified the two suspects and police were asking for the public's help to locate them. "We have them positively ID'd," Moore said. "They may be responsible for her ultimate murder." The woman, whose identity was not immediately released, was described as being in grave condition with burns over 60 percent of her body. She has two young children.

Violent assaults such as this could warrant attempted murder charges as well, the penalties for such crimes include years in jail. These crimes are felonies and are seriously prosecuted by the Los Angeles District Attorney's office. This will also count as a strike for both individuals under California's Three Strikes laws.

Assault carries with it probation, jail time, significant fines, anger management classes and much more. The Law Offices of Stephen G. Rodriquez are staffed with lawyers who regularly represent individuals being prosecuted for assault crimes and attempted murder.

Most drug crimes in California are aggressively prosecuted as felonies and carry stiff sentences, often including mandated prison time. California's tough Three Strikes Law can result in even more onerous sentences. As we discussed in our November 24 post, a number of things determine how drug offenses are charged and prosecuted, including the type and quantity of the drugs involved, whether the drugs are for personal use or sale, and any prior convictions. The circumstances of your arrest and record can also affect sentencing options. An experienced criminal defense attorney with an expertise in defending drug crimes may be able to arrange alternative sentencing.

In California, when the defendant is non-violent, treatment for drug abuse and addiction is considered more appropriate than jail time. Under the state's Substance Abuse and Crime Prevention Act (Proposition 36), first and second-time non-violent offenders charged with "simple drug possession" can receive substance abuse treatment instead of jail time. In lieu of prison, the court can order these "low-risk" drug offenders to receive one year of drug rehabilitation treatment followed by six months of follow-up aftercare. Alternative sentencing may include one or a combination of the following:

• outpatient drug rehabilitation treatment


• limited inpatient rehabilitation


• halfway house


• narcotic replacement therapy


• education classes

Other possible sentencing alternatives are Deferred Entry of Judgment (DEJ) and Drug Court. In DEJ, although the defendant pleads guilty, he is not convicted. The court holds the case for 18 months during which time the defendant must complete a 6-month drug education class and avoid arrest or conviction for another crime. If the defendant successfully completes the terms of the alternative sentence, the case is dismissed at the end of 18 months and the felony is cleared from the defendant's record.

Drug Court is a multi-phased treatment and supervision program. As the defendant successfully completes each phase of the drug treatment and rehabilitation program, he is given increased freedom. On successful completion of the entire program, the case is dismissed.

If you are charged with a drug crime, it is critical that you immediately contact an experienced criminal defense lawyer. He can review your case, prepare the best defense and may be able to arrange alternative sentencing if you are eligible.

In California, most drug crimes are charged and prosecuted as felonies (see our Nov. 21 post). Conviction carries stiff legal penalties, often including prison time, high fines, confiscation of assets, loss of driver's license and registration as a narcotics offender. Repeat convictions can result in even more severe penalties and lengthy mandatory sentences through California's Three Strikes Law.

Prior convictions, the type and quantity of the drugs involved and whether they were for sale or personal use affect how the crime is charged and punished. A few drug crimes are charged as misdemeanors such as possession of marijuana (cannabis), being under the influence of a drug and possession of drug-related items, or paraphernalia, such as pipes, bongs, etc. Nearly all other drug crimes are charged as felonies.

To convict for possession of drugs, the prosecution must prove that you knew about and controlled the drug in question. Even if drugs aren't found on you when you are arrested, you can still be convicted of a drug possession if drugs are found in your car, house or purse. Likewise, to convict of selling drugs or trafficking in drugs, the prosecutor does not need actual proof of a drug sale to convict. He need only prove intent to sell as evidenced by the presence of drug packaging in small bundles, weighing scales, cutting agents, fortified windows, or conversations with police informants, undercover officers or wiretapped conversations.

The main components that determine the severity and length of drug crime sentences are:

• Base term: Pre-determined minimum sentences set by law. For example, the base term for selling marijuana is 2 to 4 years. This means that, if convicted, you will be sentenced to serve a minimum of 2 years in jail.


• Conduct enhancements: Penalty increases for selling drugs under certain circumstances or to certain groups. For example, selling drugs near a school or to children under the age of 18 carries additional, more onerous penalties.


• Status enhancements: These relate to your personal legal status. Prior convictions and crimes committed while out on bail increase sentencing penalties.

In representing you against a drug crime, an experienced criminal defense attorney will look at how evidence against you was obtained. Your constitutional rights protect you from illegal search and seizure. Evidence illegally obtained cannot be used against you. A criminal defense lawyer experienced in defending drug crimes will challenge the way evidence against you was obtained. Success in this very technical area of law requires considerable experience and an astute knowledge of California law. If your attorney's challenge is successful, damaging evidence against you will be suppressed and the case may even be dismissed.

Next time: Alternative sentencing options

California has an odd drug culture, as the state government and the federal government have slightly different attitudes towards drug law and enforcement of the law. One major area of concern for both the state and the federal governments is the growing of Marijuana, since it poses not only a problem in terms of distribution, but when it is grown indoors it creates an unsafe living environment.

In order to grow pot indoors, the grower needs to create a certain type of environment in the room, including lights, moisture and other factors. Recently, a major fire was caused in a "grow house" (home where pot is grown), due to the grower's need for watering plants, having lights and so forth. In Humboldt County alone, one in every 7.5 houses is a grow house, which leads to increased crime, decreased home prices and a down turn in the community in general.

Drug charges in California can be stiff, even if medical Marijuana isn't illegal. In the last twenty years, there has been a twenty-five fold increase in drug convictions in the state of California. Different cities and counties regulate drug offense differently, some punish first-time offenders in a harsh manner, hoping to turn them away; others look to punish repeat offenders as much as possible. This means that getting arrested in different counties can increase your legal struggles.

In handling drug charges, the following are positive steps one can take in dealing with potential or current charges:

• Find an attorney ASAP. The longer one waits to hire a competent and experienced attorney, the more difficult it will be to avoid incarceration.


• Realize that most lower level offenses are misdemeanors and most higher level offenses are felonies and might even count under California's three strikes rules.


• If you are growing Marijuana under Prop 215, or any other law, make sure you obtain a state license and don't exceed the limits set by the state.

Murder is, obviously, a serious issue; and the search for a suspect and/or suspects, is a major issue during a murder investigation.  If a crime scene is left for too long, the case becomes increasingly difficult to investigate and it becomes quit difficult to prove guilt of the accused.  Although DNA evidence can lend some assistance, it is still a difficult task.

For example, in San Clemente, CA five family members were recently found dead in their home.  They lived in a gated community, and they were all adults.  Complicating matters is that the family may have been dead for two weeks since they were found at home with their bodies decomposed.  Neighbors said the family kept to themselves, and authorities are not yet able to rule out homicide or suicide.  In a case such as this, it would be quite difficult to prove any particular crime as weeks have already passed in a gated community with few if any witnesses.

Another case, this time involving the military, is also quite difficult.  A marine is charged in the death of another marine, with a third individual on the loose, at Camp Pendelton, in San Diego.  The challenge here, despite the slight differences in law between the military and civilians, is that one suspect is on the loose and while the case in San Clemente involves people who were isolated, this case involves men who were in close quarters.  With so many men in such high stress situations, the accused could claim self-defense or could claim any other defense that would be hard to disprove as both men were possibly in constant contact.

While murder rates have slowed in California, there is still a problem with murder and manslaughter throughout the state, and especially in major cities.  Attorneys have a hard time proving murder since the burden of proof is very difficult, and since evidence can also be a challenge.

One possible major factor in murder investigations is the possibility of gang involvement in the crime.  If a gang member kills either a member of a rival gang, or simply any ordinary citizen, getting another gang member to testify would be impossible.  Members of the surrounding community could be afraid to testify as well, making witnesses very hard to come by.  Considering how some criminals also fear California's three strikes laws, they may be hard to find or get information out of in a murder case.  These are just a few of the factors involving in murder trials.

Vehicular manslaughter is a difficult case to prove, in Los Angeles and the rest of the country. The major factor in proving such a case, is proving gross misconduct or negligence. For example, there was a terrible tragedy near Beverly Hills where a man was killed during a crash. There are not many pieces of information available yet, however if charges were to come against the driver, they police would have to prove the driver was guilty of gross misconduct which lead to hurting the passengers or was criminally negligent in his/her actions, such as driving recklessly or consuming alcohol.

There was a case recently in Compton where a man ran a red light, crashed his car into another man's truck then fled the scene. The man's truck burst into flames, which killed him. The man was charged with vehicular manslaughter for not only running the red light, but for allegedly driving 80 mph, which isn't even legal on the freeway, let alone on side streets.

In this case, the vehicular manslaughter case was a bit easier to investigate because the man left his cell phone on the street when he fled the scene. Running a red light and driving at 80 mph, not to mention feeling the scene, are all particulars which amount to a vehicular manslaughter case. That kind of negligence, of not being concerned for the other person's health will be impossible to overcome in court.

Tips:

Here are some tips on how to deal with vehicular manslaughter charges or the possibility of:

• A hit-and-run charge is not only illegal, but in a case where there's a death, it only adds to the apparent guilt of the accused individual. Don't flee the scene!


• The consumption of alcohol, or DUI, in such a case only increases the jail time and the legal challenges you will face. Jail time will be up to ten years, not including other possible charges, probation or fines.


• Vehicular manslaughter is a charge that could lead to a strike under California's three strike laws, so this crime could lead to life in prison if the alleged isn't careful.

The state of California has a massive prison overcrowding problem, due in part to the nation's "war on drugs" and the state's Three Strike laws. Laws and policies such as these can often put non-violent offenders in jail for long periods of time, even as their crimes would barely warrant parole in other states. As a result, California currently has almost 200,000 people in jail and this has created not only an overcrowding problem, but a major budget crisis as well.

As politicians tackle this issue, a few different options being explored to solve this issue involve releasing current prisoners and/or handling lower level and non-violent offences differently than before. For example, any low risk offense such as failing a drug test would no longer be handed a prison sentence, rather drug treatment and possible house arrest would be handed down.

Prisoners who embrace rehabilitation including drug and alcohol treatment, gaining a high school or college diploma or even involvement in community service projects would be highly beneficial in avoiding jail time in California. Obviously major offenses such as murder, attempted murder, rape and other crimes wouldn't be affected by the current climate in California. However, if you're charged with a misdemeanor, a minor drug offense, petty theft or another crime that isn't violent or considered doing "major" harm, this plan could help keep you out of prison.

If you've been arrested or accused of a crime, consult your attorney and see if these new development affect you.

In California, it's three strikes and you're out! The California Three Strikes Law gives you three chances to shape up. Slip up three times and you could spend your life in jail, even if that third offense is relatively minor.

Determined to get tough on crime, California passed the harsh Three Strikes Law to keep violent offenders behind bars. The law lengthens prison sentences and reduces prison credit for good behavior. The goal of the law is to get repeat felony offenders off the streets and keep them in jail longer.

California considers certain violent or serious felony convictions to be a "strike" against your record. Similar felony convictions from other states also count as strikes. If the offender was 16 or 17, certain juvenile offenses can also be considered strikes. Among the crimes considered to be strike offenses are murder and voluntary manslaughter, kidnapping, grand theft with a firearm, rape or forced sodomy, sexual abuse of a child under 14, carjacking with a deadly weapon, selling drugs to minors and robbery.

The Three Strikes Law mandates a life term sentence for a third felony conviction if you have already been convicted of two or more "strike" offenses. Conviction of even a single strike forces a prison sentence of twice the usual term for subsequent convictions. There is no statute of limitations on prior offenses. Convictions that occurred before enactment of the Three Strikes Law can count against you. In addition, prior offenses, even those in the distant past, will continue to count as strikes. The Three Strikes Law never wipes the slate clean. Your record, including your juvenile record will continue to count against you as long as you live, even if a conviction is dismissed or expunged.

For more information on LA criminal defense, visit our English website or Spanish version website for more information.

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The last few months have seen a huge rise in the attention put on gang violence in Los Angeles. Racial issues, weapons, drug offenses and more are all a part of what law enforcement faces when it comes to gangs. Police have begun focusing on how to deal with gang violence, and are cracking down even more than before on gang activity. They've also begun involving former gang members in their efforts to prevent minors from joining gangs and curbing gang activities in general.

A group called the Businessman, a precursor to the Crips and Bloods, have recently gotten together to try and inform current gang members and help the youth around Los Angeles to steer clear of the brutality that can happen to gang members.

The young African-American football player whose death caused an incredible amount of remorse and shock throughout Los Angeles was killed by an alleged gang member who had just gotten out of LA County jail 28 hours before the young man was murdered. Deaths such as these that involve gang activities bring a great deal of publicity to the circumstances surrounding the crime. This publicity brings both political and civic pressure on law enforcement to crack down harder on current and alleged criminals.

This increased emphasis will lead to increased prison sentences, harsher crackdowns and sentences for those involved with, or suspected to be involved with, gangs. For those indicted or suspected of gang activities, it's important to not only have an attorney who is aware of your civil rights, but who has experience dealing with weapons charges, murder, drug offenses and theft.

Another potential fallout from these crackdowns is a heightening of three strikes penalties, meaning that suspected gang activity, even in non-violent crimes, could count as a strike which will eventually lead to a life sentence if enough strikes are accrued.

CSI star Gary Dourdan was busted by police for possession of a variety of narcotics, including heroin, cocaine and ecstasy. Drug charges can be serious, and can lead to fines, license suspensions, jail time and even count as a strike under California's three strike rules.

Dourdan was apparently found asleep in his car around 5:21 am and officers arrested him right away. Dourdan could face further charges such as DUI since he was found in a car. He posted $5,000 bail and was released, however he will have to go to court to face further charges.

Here are some tips on how to handle the various charges Mr. Dourdan could be facing:

1. Some of the items found on Mr. Dourdan were prescription drugs. The easiest way around these charges is to get your doctor to testify or write a letter on your behalf.

2. Before you ever step before a judge, check into a drug treatment program, or a attend drug counseling. This will allow you have some clout with the judge when it comes to sentencing and probation.

3. Find an attorney who specializes in and has knowledge of drug offenses. Having an attorney who knows the ins and outs of the law and such proceedings is vital.

4. If you have a clean record, be sure to bring this before the judge. Also, any volunteer work you've done may also help gain favor.

Theft and petty crime are a major issue in America. Over the last decade, NASA by itself has lost $94 million in office items that disappeared! Even celebrities have been caught in petty theft, with both Winona Ryder and Bai Ling getting arrested for taking things which were not necessarily theirs.

In 2002, Winona Ryder was charged of walking out of Saks Fifth Avenue with over $4,700 worth of merchandise without paying for it. She was caught on security cameras slipping items into her purse and handbags. She was freed on $20,000 bail which is not a tall order for the actress, but for most individuals it would mean a night or two in jail until the individual could sit before a judge.

Bai Ling was arrested this year, also for shoplifting, but not at a glamorous Rodeo Drive boutique, rather at a gift shop in the Los Angeles International Airport. She didn't steal too much of value, just a couple of celebrity magazines and some batteries. Worst of all for the actress/model, she was placed under citizen's arrest by a shop employee.

Shoplifting can be a dangerous crime, as it can sometimes be deemed a "strike" under California's three strike laws. One individual in the 90's was sentenced to 50 years in prison because his third strike was stealing $300 in video tapes from K-Mart.

Another major issue to keep in mind is that there are citizen's groups and individuals who work as a sort of private security force who police shoplifters along with the police themselves. They are often termed "loss prevention personnel" and can detain individuals and site them various dollar amounts. While these individuals aren't members of law enforcement, if they aren't complied with, that can lead to fines or jail time.

The merritts of treating petty theft as a possible "three strikes" violation has long been debated, but until the laws are changed, any individual who violates these laws needs to be aware of the possible penalties. Jail time for the third strike can reach 25 - 50 years for nothing more than stealing three golf clubs, some video tapes or other items.

Weapons are a serious issue in and around Los Angeles, with everything from guns, knives and even brass knuckles playing a part in a variety of crimes. Not only does this up jail time for other felonies, but possession of a weapon can bring with it criminal charges in and of itself.

In spite of a variety of legislative measuresthe state of California and city of Los Angeles have taken, weapons still find their way into the lives of everyday individuals. These laws and bans against certain types of weaponry (usually "cop-killing" type arsenals) also carry with them heavy jail time. These laws were passed, because of instances such as:

• In LA recently a 23-year-old was shot dead outside a liquor store over a gang related matter. Both the victim and the alleged perpetrator were part of the same gang.


• In another incident, a cabbie was first accosted by a man with a gun, and after then speeding away he was stabbed by the two women who were in his cab at the time. The two women were killed when the man crashed his car.

In dealing with crimes like this, the Los Angeles Police Department has its own CSI style unit that, while not employing handsome detectives and beautiful criminologists, can do a great deal of research on a weapon found. This forensic laboratory can find finger prints, DNA, blood and just about anything else necessary.

There are also programs such as the WARN program to help schools and communities battle against the influx of weapons in their area.

Here are some tips on handling, owning and transporting your weapon:

1. You may transport your weapon throughout California, but it must be in a locked container. However assault rifles must be registered and kept can only be transported from one location to another if approved.

2. Keep weapons out of the hands, reach and sight of children.

3. All firearms must be registered with the state.

4. Ammunition sales people are criminally liable for selling ammunition to underage individuals.

5. Possessing an illegal assault weapon for a .50 BMG rifle is a separate offense from any other criminal activity.

6. Weapons charges may also become a strike under California's three strike laws, so having a proper attorney during such proceedings is vital.