Los Angeles Criminal Defense Lawyer Blog

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" »

The recent case of a Pennsylvania man whose gun charges sentence was reduced by nearly four years because of a smart appellate attorney shows the importance of who you hire.

Los Angeles Criminal Defense Attorneys are committed to all aspects of your case, from the trial to the appeal. Everyone has a Constitutional right to have adequate representation at all stages of a case, including appeals in California. Gun charges can be charged by state or federal authorities and can put someone away for decades, depending on the severity of the charges and the person's criminal history.

In USA v. William West, the Pennsylvania man faced two separate gun possession charges in 2007. In one case, he was pulled over while driving and inside his vehicle police found a .45-caliber handgun in the glove compartment with cash and marijuana and a .38-caliber handgun in a backpack in the trunk. He was arrested.

Five months later, a local fire marshal doing a fire code inspection spotted a handgun in the man's apartment and alerted police. Police found that the gun had been reported stolen and the man was again arrested.

A federal grand jury then indicted the man on charges of possession of a firearm by a convicted felon and possession with intent to distribute marijuana. He pleaded not guilty, but federal prosecutors later filed against him a charge of receipt and possession of a stolen firearm, to which he pleaded guilty. In doing so, he admitted to possessing the .38-caliber gun found in the trunk only.

After a pre-sentence report was concluded by the probation department, the man's defense attorney objected to a four-level enhancement of his sentence for possessing a firearm "in connection with" another felony offense. In this case, it meant he possessed the gun, which was in the trunk of his car, "in connection with" the possession of marijuana in his glove compartment.

His trial judge denied the objection and sentenced the man to 120 months in prison. But on appeal, the Third Circuit Court of Appeals overruled the trial judge and said his sentence shouldn't have been increased by nearly four years based on the enhancement applied during sentencing.

What all of this shows is the importance of having a strong trial attorney and a strong appellate attorney in any criminal case. If the trial attorney hadn't raised the objection at the time of sentencing, it may not have been preserved for the appellate attorney to pursue. And had a lazy appellate attorney not seen the problem and pushed for another review by a different court, it's possible the man would have spent 10 years in prison.

Whether federal law or California law, appeals are complex and require an attorney who has years of experience handling specialized appeal filings.

Continue reading "Los Angeles Appeals Lawyer: USA v. William West looks at Constitutional Rights in Criminal Cases" »

The weapons charges in Los Angeles filed recently against a teenager in connection with an arrest at school highlights the importance of seeking experienced legal representation in the wake of such allegations.

CNN reported authorities will seek to charge a 17-year-old boy as an adult after a gun he allegedly brought to school in his backpack apparently discharged accidentally, wounding two students.

A single bullet struck two students, one in the temple and the other in the neck. He has been charged with possession a firearm in a school zone and discharging a firearm in a school, according to the Los Angeles County District Attorney's Office. Both charges are felonies.

A Los Angeles criminal defense lawyer should always be called to handle criminal charges against minors. Unfortunately, parents too often think such charges will magically disappear in adulthood. That is typically not the case; convictions for serious crimes as a juvenile may even count as a strike in adulthood.

And, especially given today's zero-tolerance policy, teenagers often face very serious charges for minor infractions on school grounds. In this case, as in any case where a gun is alleged in the commission of a crime on school property, the teen faces the very real threat of being expelled as well as facing significant jail time.

Particularly in cases where juveniles are charged as an adult, an experienced and aggressive defense must be mounted. If he is convicted as an adult, he faces up to seven years in prison. If tried and convicted as a juvenile, the maximum penalty would be nine months in a juvenile camp.

The girl wounded in the head is reportedly in critical condition. The boy wounded in the neck has been treated and released.

Two other students have reportedly been arrested in connection with the case, though no information about possible charges has been forthcoming from the prosecutor's office.

Continue reading "Teen faces weapon's charges as adult after school incident in Los Angeles" »

Recently, almost every week seems to bring a news story about another pro athlete being charged with illegal possession of a firearm. In February, Marshawn Lynch of the Buffalo Bills football team was charged with felony possession of a firearm here in California. New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh at a New York night club in November of 2008 and was charged with felony possession of a weapon.

In addition to the criminal charges he faced, Burress was suspended from playing for the Giants the remainder of their season for violating the NFL's weapons possession policies. A 2006 article in the Boston Globe listed several professional athletes, including basketball player Shaquille O'Neal, NFL standout Daunte Culpepper and New York Yankees pitcher Carl Pavano, as licensed gun owners. Very few states make public their lists of licensed firearm owners, so there really is no way to tell how many professional athletes carry a gun, whether legally or illegally.

In that same article by the Boston Globe, New England Patriots receiver Jabar Gaffney commented that as many as 90% of the players in the NFL own a firearm, while an anonymous NBA official estimated gun ownership (again, legally or otherwise) to be "closer to 100 percent than 50." While the right to bear arms is protected by the Second Amendment to the Constitution, gun control laws can severely restrict when and where you can bear that weapon and incur a stiff penalty if you get caught with a gun in the wrong place.

In California, possession of a firearm is allowed only if you have a permit or have otherwise registered it. Those with prior felony convictions, known drug addicts, former or current mental patients, or anyone acquitted of a crime based on a plea of insanity are not allowed to possess a gun. Certain misdemeanor convictions require a 10-year waiting period before the purchase of a firearm is allowed. A minor under the age of 16 is never allowed to own a gun, though they may use them for recreational activities if accompanied by a parent or guardian.

Carrying a concealed weapon without a license is illegal, as is concealing a firearm in a vehicle without a license. California takes weapons possessions very seriously and the penalties usually include jail or prison time, heavy monetary fines and a permanent criminal record that can limit your future job or housing prospects. An experienced Los Angeles criminal defense attorney knows how complicated weapons possession cases can be and will carefully look through the details of your case to search for the best possible outcome for you. If you have been charged with illegally possessing a weapon, call the attorneys at Rodriguez, Lewis & Kahn to begin preparing your defense immediately.

Los Angeles is one of many cities that seeks to limit the number of weapons in and around its borders. Los Angeles criminal defense attorneys who defend people in weapons crime cases know that the laws are heavily in favor of the prosecution. In a week when a boy was shot and killed in North Hollywood and all of Southern California is still realing from the murders in West Covina, a man was arrested with weapons in a truly dangerous place. The man arrested at Los Angeles International Airport with a truck full of guns and nearly 1,000 rounds of ammunition said Saturday that he is a law-abiding weapons enthusiast who had no idea he might be breaking the law. A day after he was arrested on suspicion of felony transportation of an assault rifle, Phillip Dominguez said he was confident he would be exonerated. "In the post-Sept. 11 environment, it is well known by weapon owners that airports and weapons simply do not mix," said Los Angeles Airport Police Chief George Centeno. Dominguez, 47, of Orange said that he went to LAX to pick up a friend from Baltimore and that they intended to go target shooting at an outdoor range in San Bernardino County.The attorneys at the Law Offices of Stephen G. Rodriguez represent people charged with the following Gun and other Weapons Offenses:

• Possessing a Gun (concealed, loaded or otherwise with no permit)


• Possessing a Firearm by an Ex-Felon (concealed, loaded or otherwise with no permit)


• Possessing an Assault Weapon


• Possessing a Weapon ((illegal weapons include knives, daggers, brass knuckles, nunchucks and other martial arts weapons)


• Brandishing a Firearm


• Discharging a Firearm


• Selling a Firearm (unlawful sale)


• Using a Gun in Committing a Crime (assault, robbery, drug offenses)

California Gun Law
Gun/weapon charges are aggressively prosecuted in California. Most carry the prospect of jail time (or state prison), expensive fines, and a criminal record that may make it difficult to obtain employment and housing. In general, a weapons offense is a felony under California law, but possession can be charged as a misdemeanor in some cases. The penalties will vary depending on a number of circumstances:

• The type of weapon involved


• What was being done with it


• If it was loaded and/or concealed


• The individual's criminal record, drug record or drug use at the time of arrest


• Any other factors that might affect the sentence

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.

One of the stars of New York Giants' Super Bowl team was arrested and charged with gun possession and released after posting $100,000 bail. He was not required to enter a plea yesterday and is due back in court March 31.

Plaxico Burress allegedly carried a gun with him into a night club where he accidentally shot himself after drunkenly fumbling for the weapon in his pants. His teammate also allegedly was involved, hiding the weapon so that police couldn't find it.

Weaponscharges, especially firearm charges, are serious, and often athletes caught with weapons can make light of the situation. Burress allegedly laughed when he found out what the charges were. However, recent events in Los Angeles demonstrated the seriousness of weapons charges, firearms possession and the resulting consequences.

Three unrelated shootings involving officers occurred in Los Angeles County over the holiday weekend, leaving one man dead and another seriously injured. A man, identified by the Los Angeles County coroner's office as 18-year-old Salvador Zepeda Alarcon, was killed in the 800 block of Humphreys Avenue, near Folsom Street in East Los Angeles after L.A. County Sheriff's deputies responded to a report of shots fired, said Sheriff's Deputy Oscar Butao.

The officers were traveling west on Folsom Street when they saw the man running east. Deputies got out of their vehicle and ordered Alarcon to stop, Butao said, but he ignored their instructions, drew a handgunfrom his waistband and pointed it at the officers. The deputies fired several rounds at the man's chest. Alarcon was pronounced dead at the scene.

Police are also investigating a double shooting in South Los Angeles that left a man dead and a teenage girl wounded. The man, believed to be in his 30s, died Sunday night at a hospital, where the teenager was in stable condition. Investigators were trying to determine who fired multiple rounds at the pair in the 800 block of West 97th Street just after 9 p.m. Both victims were shot in the upper body. Ed Winter of the Los Angeles County coroner's office said the gunmen drove by and shot the man while he stood in a driveway. It was unclear where the girl was standing, police said.

California Gun Law

Gun/weapon charges are aggressively prosecuted in California. Most carry the prospect of jail time (or state prison), expensive fines, and a criminal record that may make it difficult to obtain employment and housing.

Stephen G. Rodriquez and his associates will focus on getting you the most favorable disposition using a variety of proven techniques and defenses.

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.

In Los Angeles, gang activity is on the rise. For example, in Van Nuys a man was wounded in a shooting in an apparent gang-related hit. Allegedly, a car pulled up in front of the wounded man and someone inside yelled a gang slur and then shot him.

In such a situation as this, various charges can be brought against the accused. For the shooting, attempted murder can be brought, or (if the victim dies) murder or manslaughter. The gun can bring a weapons charge.

Attempted murder will bring heavy jail time, even more coupled with other charges. Weapons charges can be severe, especially for alleged gang members, whether it's possession, brandishing or using the weapon.

Gang related convictions not only bring more severe penalties, but they could even lead to having the convicted sent to prison outside their geographic area. Since the 1980s many states have adopted legislation and laws specifically drafted to combat street gangs and to make it easier to prosecute their offenses. California has led the nation in laws written to prosecute gangs, but many US states have their own laws.

In California, all murder which is perpetrated by means of a destructive device or explosive, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree. As used in this section, "destructive device" means any destructive device as defined in Section 12301, and "explosive" means any explosive as defined in Section 12000 of the Health and Safety Code. To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act.

Comedian Katt Williams has been arrested on weapons charges in midtown Manhattan after police say they pulled him over for driving a car without license plates.

The 35-year-old performer was released on bail Thursday in time to make it for his show at Carnegie Hall. He told the audience that he "just got out of jail."

Police say a handgunwas found in Williams' car after he was stopped for the alleged traffic violation. Williams is best known for his role in the movie "Friday After Next" and for his appearances in rap videos. He also voices "A Pimp Named Slickback" in "The Boondocks" animated television series.

Gun and other Weapons charges in California include:

• Possessing a Gun (concealed, loaded or otherwise with no permit)


• Possessing a Firearm by an Ex-Felon (concealed, loaded or otherwise with no permit)


• Possessing an Assault Weapon


• Possessing a Weapon((illegal weapons include knives, daggers, brass knuckles, nunchucks and other martial arts weapons)


• Brandishing a Firearm


• Discharging a Firearm


• Selling a Firearm (unlawful sale)


• Using a Gun in Committing a Crime (assault, robbery, drug offenses)

Gun/weapon charges are aggressively prosecuted in California. Most carry the prospect of jail time (or state prison), expensive fines, and a criminal record that may make it difficult to obtain employment and housing.

Call us immediately if you're facing a weapons charge. We'll arrange for a free consultation to discuss the specific facts of your case.

There are a variety of weapons charges, some seem strange, but law enforcement take those charges very seriously. One such weapon charge is being arrested for using an imitation fire arm. California Penal Code 417.2 covers imitation fire arms, and these charges come with serious consequences. This law states: Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives, by mail order or in any other manner, an imitation firearm except as permitted by this section shall be liable for a civil fine in an action brought by the city attorney of the city or the district attorney of the county of not more than ten thousand dollars ($10,000) for each violation.

Using a imitation fire arm or another type of imitation weapon (rubber knife, etc.) in a mugging, assault or other attack is also a crime, and will carry serious jail time.

Below are some highlights on other state laws for weapons in California, specifically targeting firearms:

• It is unlawful for anyone convicted of a felony, or who is a drug addict, present or former mental patient, ever committed for mental observation, or acquitted by reason of insanity to own or possess any firearm.


• People with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction.


• A person who has been adjudicated as a juvenile offender or delinquent for any offense which would be classified as a felony or misdemeanor involving force or violence if committed by an adult may not own or possess any firearm until age 30.


• A minor may not possess a handgun except with written permission or under the supervision of a parent or guardian.


• A minor under 16 may not possess a handgun, unless they are accompanied by their parent or guardian while participating in a legal recreation activity involving firearms or has written permission to participate in such activities.


• A minor under 16 may not possess live ammunition except with the written permission or under the supervision of a parent or guardian, or while going to or from an organized lawful recreational or competitive shooting activity or lawful hunting activity.

Recent events in Los Angeles have raised concerns both in regard to the safety of certain areas of Los Angeles and the ease with which people are able to get weapons and use them for assault.

• On September 19th, a 12-year-old girl and a 19-year-old former student were shot and wounded at a high school in an unincorporated area south of Los Angeles after a football game on campus, officials said. The two victims were shot multiple times about 6 p.m. in the parking lot of the gymnasium at Washington Preparatory High School in Athens, said Susan Cox, a spokeswoman for the Los Angeles Unified School District. Both were taken to Harbor UCLA Medical Center, officials said.


• On September 18th, an altercation occurred outside Barney's Beanery on Santa Monica Boulevard, and three to four men pulled a knife on the victim about 1:30 a.m., said Lt. Gil Carrillo of the Sheriff's Department's Homicide Bureau.

Assault with a deadly weapon is a serious crime with serious consequences:

1. Any person who commits an assault with a firearm upon a peace officer or firefighter, engaged in the performance of his or her duties, will be punished by imprisonment in the state prison for 4 to 8 years.


2. Any person who commits an assault upon a peace officer or firefighter with a semiautomatic firearm engaged in the performance of his or her duties, will be punished by imprisonment in the state prison for 5 to 9 years.


3. Any person who commits an assault upon a peace officer or firefighter engaged in the performance of his or her duties, with a machine gun, assault weapon, or a .50 BMG rifle, will be punished by imprisonment in the state prison for 6, 9, or 12 years.

Los Angeles criminal attorneys use a variety of defenses for those accused of assault with a deadly weapon. If you've been accused or charged with assault with a deadly weapon or assault and battery, you may be able to plea self defense, or lack of intent. Your case may even be dismissed depending on the evidence. However, the only way you can explore these possibilities is by hiring an experienced attorney with extensive knowledge of the complex California assault and battery laws.

Some recent scary moments have put a spotlight on weapons charges and weapon penalties in Los Angeles. In Westwood last week, a 52-year-old man was held without bail on suspicion of shooting at a traffic light and having more than 10,000 rounds of ammunition in his van and a storage locker, UCLA police said Monday.

The weapons which authorities said the man was carrying were five loaded semiautomatic pistols equipped with laser sights. In all, UCLA police said, they recovered 400 rounds from him. They believe he hit the traffic light once and a nearby building once. Authorities said an additional 7,800 rounds were found in the man's van and 3,000 rounds were recovered from his storage locker.

Another violent incident involving a deadly weapon, this time in Malibu, also caused a stir. Sheriff's deputies are investigating the fatal shooting of a man in Malibu. Los Angeles County deputies found the victim in the 3600 block of Noranda Lane near Encinal Canyon Road when they responded to reports of a shooting. The victim was described as an adult white male. This particular area of Malibu boasts home prices of $10 million and above.

Once a person is charged with a weapon crime, s/he faces severe legal consequences if convicted. People convicted of weapons charges can be punished with jail time, fines, probation, and community service. Aside from the legal ramifications involved, convicted weapon offenders will have negative, permanent marks on their criminal records. By having a damaged criminal record, convicted offenders will have a harder time obtaining housing, employment, and education opportunities.

Weapon and drug infractions often go together, and recently a high profile case of weapons and drug possession was reported. Rapper Yung Berg was busted in New York City after police investigated a complaint by a limo driver. He was charged with criminal possession of a weapon, criminal possession of marijuana and menacing.

Weapon charges in California are governed by various laws and so bring different penalties. Simple possession charges can carry up to a year in prison, if the charges aren't coupled with other infractions. However, possessing a semi-automatic or automatic weapon can carry up to eight years. Weapons defined as assault weapons also carry with them serious penalties, both for possession and the use of them.

Possession of illegal drugs, illegal pharmaceuticals or drug paraphernalia is illegal in California, and the type of amount of drug will determine the penalty. One of the many penalties for drug possession and distribution, which include fines and prison terms, is asset forfeiture. Forfeiture laws have created a legal system in which federal and state officials now have the power to seize your business, home, bank account, records, and personal property, all without indictment, hearing or trial...Everything you have can be taken away at the whim of one or two federal or state officials operating in secret.

Police are not required to arrest or even charge those whose assets are being seized. In fact, during a 10-month national study, The Pittsburgh Press found that 80% of people who were forced to forfeit property were never charged with a crime. In addition, there is no dollar cap on forfeiture - leaving citizens open to punishment that is greatly disproportional to the alleged crime. Defending this practice, the police and DEA claim they go after "big-time" criminals, however only 17% of the items seized by the DEA were valued at more than $50,000.

San Francisco has some legislation and policies under it's current mayor, Gavin Newsom, which shields illegal immigrants from federal immigration authorities, thus making San Francisco a "sanctuary city" in a sense. However, many pundits have accused the city and Mayor Newsom of creating a sanctuary city for criminals, as a number of violent and drug crimes have occurred at the hands of individuals who are in the United States without being citizens.

For example, in a recent case, a 21-year-old undocumented Salvadoran immigrant pleaded not guilty to murdering a San Francisco man's brother-in-law and two nephews in a case that has galvanized sentiment nationwide against this "sanctuary city" and its ambitious mayor.

Because of the city's sanctuary policy -- enacted in 1989 -- local agencies do not consider immigration status when dealing with young offenders and therefore did not check whether Ramos was in the country legally.

The alleged murderer was also arrested March 30 on a weapons violation, along with an alleged gang member riding in his car. After he spent several days in jail, authorities decided to file charges against the other man but not him, and Ramos was released, said Eileen Hirst, a sheriff's spokeswoman.

Deportation proceedings against Ramos could have been initiated but were not because of an apparent mix-up between the federal Immigration, Customs and Enforcement Agency and the San Francisco Sheriff's Department, which runs the jail.

Hirst said jail officials notified ICE two times that they had Ramos in custody but were told there was no government detainer against Ramos.

This has become a developing situation, because the mayor of San Francisco is interested in running for California governor.

The same week that Newsom announced he was exploring a run for governor, he overturned the part of the policy that shielded convicted juvenile drug offenders who were illegal immigrants from federal authorities.

Instead of handing them over for deportation, city officials for years would escort the young offenders back to their home countries or place them in unsecured halfway houses. This summer, several escaped from facilities in San Bernardino County and other regions.

On Tuesday, Newsom ordered "a top-to-bottom review" of the sanctuary policy, to ensure that "in every case we are complying with applicable federal and state law," said Nathan Ballard, a spokesman for the mayor.

One day later, however, ICE Assistant Secretary Julie Myers wrote to Newsom demanding greater access to San Francisco jails. She requested the kind of cooperation her agency has with the Los Angeles County Sheriff's Department, which works with ICE to screen for undocumented inmates in its jails.

Criminal activity involving non-citizens has been an issue throughout California for decades. As some cities have attempted to adjust their policies to be more compassionate, not all have adjusted those policies properly when it came to violent crime or drug trafficking. Many individuals found guilty of these crimes would be deported in other states, however in California this is often not the case and many individuals are upset over the matter.