Los Angeles Criminal Defense Lawyer Blog

The Los Angeles Times recently reported that police have arrested a man in Ohio and charged him with a 1978 homicide.

Some people consider Murder charges in Los Angeles some of the most cut-and-dried cases. If police make an arrest, people tend to trust them and believe the person is guilty. Luckily, that's not how our criminal justice system works. An arrest means very little and prosecutors must be held to the standard of proving the case beyond all reasonable doubt.

And that's where a Los Angeles Criminal Defense Attorney comes into play in order to protect the rights of the accused.

In this case, the 62-year-old man was arrested in Delaware, Ohio recently. A Los Angeles warrant issued for his arrest was served and he was taken into custody, the newspaper reports. The man is expected to face a judge in Ohio to determine whether he will be extradited to Los Angeles.

According to the Times, the man is now unemployed, but is a former carnival worker. He is suspected in the April 10, 1978 killing of a 52-year-old man who was a comptroller for a company in Santa Monica. A friend discovered the victim stabbed to death inside his home, but the case went cold, despite a $5,000 reward.

The defendant, who is originally from Virginia, has been living in Ohio since the mid 1990s and worked for carnivals in several states. The cold case was re-investigated in 2010 and police say scientific testing connected the defendant to the case.

Detectives say documentation shows the defendant had been in Los Angeles in 1969; and they believe evidence showed he had been in the victim's house at the time of the slaying. The report doesn't state the specific evidence detectives will rely on for proof of the crime.

Cold cases, especially those involving murders from years or decades ago, can be some of the toughest for law enforcement to prove. In many of these cases, witnesses forget key details of what they saw or as time passes, they change their story about what they saw and the seemingly less important facts fade away. Or, witnesses simply die or move away and are unavailable to law enforcement.

Because DNA is a relatively new form of evidence for police and detectives, it is sometimes applied to older cases, as it apparently was in this case, in an effort to solve crimes. But while some consider DNA fool-proof, it isn't.

Unlike TV dramas about murder, DNA results don't come back after 30 minutes in a computer saying it's a 100 percent match to the suspect. It's much more complicated and can be defended by improper testing or transport of evidence and even the results themselves come back in a format that can sometimes be interpreted as not linking the suspect to the crime.

Just like anyone else, the police do make mistakes. So do prosecutors. But only an experienced and diligent Los Angeles Criminal Defense Attorney can point out these mistakes and use them to ensure a fair trial for the defendant.

Continue reading "Former Carnival Worker Charged with 1978 Los Angeles Murder" »

A Wildomar resident has been arrested outside Paris Hilton's home after allegedly breaking through a security checkpoint and banging on the celebrity's door, the Californian reported.

Maybe he was lost.

Our defense lawyers represent clients facing stalking charges in Los Angeles and the surrounding areas, including Wildomar and Riverside County. Stalking charges are growing increasingly more common, whether involving celebrities are a relationship gone bad. We reported on our Los Angeles Criminal Defense Lawyer Blog earlier this year about a case involving Olympic star Shawn Johnson.

In this most recent case the 36-year-old suspect was booked at the Van Nuys station on suspicion of battery and was held in jail in lieu of $20,000 bail. Police say he rode a bicycle through a gated checkpoint in the community where Hilton lives and ignored commands by guards to stop.

He then reportedly went to Hilton's home and began pounding on the door. When security guards attempted to stop him, he allegedly resisted, resulting in a scuffle that led to the battery charge. A battery charge in Los Angeles alleges that a defendant used force against another person. It can be charged as either a misdemeanor or a felony.

In this case, the media reports that the suspect also had a bench warrant issued for his arrest last November after he allegedly failed to show up in court in connection with a vandalism charge.

Two months ago, a 31-year-old Redlands man pleaded not guilt to a count of attempted residential burglary after being accused of pounding on Hilton's door while wielding a pair of knives.

Fail to appear for your court date or pay a fine and you could find yourself tracked down, handcuffed and carted off to jail. It could jeopardize your job if it happens in front of your boss and co-workers. It could embarrass you if it happens in front of your neighbors. It could traumatize your children if it happens in front of your family. As they say, the law waits for no man. If you don't show up in court when you're supposed to, the judge will issue a bench warrant. The most commonly issued type of warrant in California, a bench warrant is an order for a person's immediate arrest.

Most often issued for failure to appear in court on the scheduled date, a bench warrant all but guarantees you an embarrassing ride in an LAPD cruiser and a night in jail where you'll have to wait until a judge can hear your case. At your hearing, the judge will reschedule your original court date. Having proved yourself to be what the court considers a flight risk by failing to appear, the judge is unlikely to release you while you wait for your new court date. The judge will most likely set bail or return you to jail to guarantee you show up on the new date. If other outstanding warrants exist, bail will probably be denied and you'll be returned to jail. Depending on how heavy the court docket is, you could be forced to wait in jail for weeks or months until your new court date.

If you discover that a bench warrant has been issued for you, it is essential that you return to court immediately with an experienced criminal defense attorney like Stephen Rodriguez. Contact LA criminal defense attorney Stephen Rodriguez today. Fluent Spanish spoken.

Having a warrantout for your arrest, or ordering your appearance in court, is a serious matter. Police in Los Angeles can go to great lengths to get you to comply. There are, however, qualified Los Angeles criminal defense attorneys who know how to work with the courts to get warrants dropped.

For example, a warrantfor Lindsay Lohan's arrest was dropped Monday after a Beverly Hills judge said the actress-singer is in full compliance with terms of her probation for a drunken driving conviction. The Los Angeles Superior Court judge, at a brief hearing Monday morning, said that when she signed the warrant on Friday she did not have updated information.

Lohanwas arrested twice in 2007 on charges of driving under the influence, and in the second incident also was charged with cocaine possession.The first arrest -- in May -- came after Lohan lost control of her Mercedes-Benz convertible and struck a curb in Beverly Hills. Just two weeks after checking out of a Malibu drug and alcohol rehab facility, she was arrested again in July 2007 after a woman called Santa Monica police saying Lohan was trying to run her down with a car. A judge sentenced Lohan to three years' probation after she entered guilty and no-contest pleas to the charges.

If you believe there is an outstanding arrest warrant or bench warrant for you in California, you are at risk of being arrested by the police and brought to jail or court at any time. Although you do not need an attorney to assist with your warrant, you are at a huge disadvantage if you represent yourself.

If you have an outstanding bench warrant or arrest warrant and you need assistance in clearing or recalling the warrant, call the attorneys at Rodriguez, Lewis & Kahn. Do not attempt to go yourself and talk to the judge. The judge has heard every excuse and won't have the patience or desire to listen to you. Let Rodriguez, Lewis & Kahn assist with handling your arrest warrant or bench warrant.

On TV the serving of a warrant is always dramatic. Weapons drawn, cops gather at the criminal's door. With a bang, they kick the door open, muscle the bad guy into submission, clamp on the cuffs and shout, "We have a warrant for your arrest," before marching him off to jail. It makes for good TV, but what exactly is a warrant?

A warrant is an order from a judge or the court. In California there are two kinds of warrants: arrest warrants and bench warrants.

• An arrest warrant orders the arrest or detention of a person suspected of criminal activity. Arrest warrants are given to the police for execution. Arrest warrants are generally issued after a Grand Jury indictment. But they can be requested by and issued to law enforcement officers when there is reasonable suspicion of criminal activity. Generally, a criminal isn't aware that an arrest warrant has been issued until police arrive at his door to snap on the cuffs.

• A bench warrant is an order for the immediate arrest of a person. A bench warrant is the most common type of warrant issued in California. Typically issued by a judge during an active court session (i.e., from the bench), bench warrants are most often issued for failure to appear in court on a scheduled date or for failing to obey the judge's instructions. Bench warrants may be issued if the defendant fails to appear in court after receiving a police citation, fails to show proof of progress or completion of community service ordered by the court, fails to pay a fine, or fails to appear for sentencing or conviction after a plea or trial.

If you are served with a warrant or learn that a warrant has been issued for you, consult a criminal defense lawyer immediately. Statements given to the police can and will be used against you. A criminal defense attorney can make it difficult, if not impossible, for the police to obtain statements from you that may hurt your defense. If you are arrested and an outstanding warrant exists, bail will likely be denied. Your driver's license may be suspended. An experienced arrest warrant and bench warrant criminal lawyer can help resolve matters and may be able to have your warrant vacated so that you can avoid being taken into custody.

-Legal Pro