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Domestic Violence is on the Rise Domestic violence is on the rise. It appears to be another negative biproduct of the pandemic. Normally, in my business, we hear about domestic violence cases on the rise about Thanksgiving time and they stay up in numbers through the new year. This reoccurring phenomenon seems to have two main triggers. First, the holiday times generally means there is a lot of time with family. There is often a great deal of vacation taken and a lot time spent in the home with relatives and friends. Next, there is traditionally more alcohol consumption around …
A new client came in a few months ago. He was charged with felony domestic battery and violating a criminal protective order from a prior misdemeanor DV conviction. The allegations of the new case were pretty serious. In fact, the police reports were so bad that two different judges and the district attorney refused to offer him a misdemeanor settlement. We set the case for preliminary hearing. Twice the district attorney wasn’t ready to go. One time, I was in trial and now we have the case set for prelim on Tuesday. Friday I got 100 new pages of police reports and a …
I got an unsolicited email this weekend. A potential client was asking how much I would charge to represent them in a drug possession for sale case. God bless this potential client who said she was trying not to take too much of my time, but wanted to get an idea of what it would cost to hire me. I emailed back that I had some questions: Where is the case, some background information on the client, criminal history, some specific facts about the case, etc. The client indicated she had been quoted about $5,000 from two different lawyers. She seemed to …
How to Deal with an Emergency Protective Order or Criminal Protective Order in Domestic Violence Cases If you have been arrested for domestic violence there is a good chance there will be an emergency protective order issued immediately after your arrest. There will most likely be a Criminal Protective Order which will follow you during the pendency of your criminal case and during probation, should you be convicted of a crime. An Emergency Protective Order is a short term order, normally valid for 5 to 10 days, issued by a judge based upon a declaration of police saying that some …
It may seem like common sense, but we really shouldn’t run people over with our cars. Unfortunately there seems to be a lot of this going around lately and not just by Suge Knight. Using a car as a weapon is often a crime. This type of conduct would normally be charged as Assault With a Deadly Weapon under California’s Penal Code Section 245. It could even be consideredattempted murder or even worse if someone dies. There is only a legal defense if you are using reasonable and necessary force to defend yourself or another from an immediate threat. Furthermore, if you hit …
Unless you live in a cave, by now you have likely heard about Ray Rice, the NFL player who was cut by the Baltimore Ravens after his video-taped domestic violence incident went viral. So I’m not going to talk about him. But reading about him, and watching the video, made me think about some other aspects of my business. It made me think how there are two sides to every story. It made me think about how we are all innocent until proven guilty and how quickly people jump to conclusions and it made me think about how technology plays a part …
A 38 year old man from Santee, California was arrested Sunday after he allegedly stabbed a nurse at a Torrance hospital. Authorities suspect that he may have been distraught about the haircut he recently received. His booking photo may be viewed on the link below: http://www.nbclosangeles.com/news/local/Nurse-Stabbed-at-Torrance-Hospital-255951301.html The suspect, Thomas Robert Fredette, was arrested shortly after the stabbing the area of Carson street in Torrance. Fredette was said to have entered the hospital, gone around a weapons screening area and approached a group of hospital employees. Fredette then grabbed one of the nurses and stabbed her in the ear with an unknown sharp …
A 26 year old man from Los Angeles was arrested last weekend after he allegedly walked into Olive View UCLA Medical Center in Sylmar, California and stabbed an on duty nurse multiple times with a knive. The nurse, whose name was not released was critically wounded and was being treated for her injuries at a local trauma center. The man, identified as Romero Carnailla, was said to have run into the hospital, approached the nurse who he didn’t know and stabbed her several times in the torso. Police and hospital security located the man after they heard the victim screaming in the …
I am going to start this blog by saying that I am NOT a cop hater. I worked for a small police agency while I was in college and that was one of several experiences that tended to spark my interest in criminal law. In law school I worked for a local criminal prosecutor and am still friendly with some of the people I met and worked with decades ago. I believed then, as I still do today, that most police officers are generally good and honest people who are working at a difficult job. As a defense attorney it …
Alesia Thomas, a mentally infirm mother of two dropped her children off at a local LAPD station last year. Several officers were sent to Thomas’ home to investigate why. One of those officers is believed to be 48 year old veteran police officer Mary O’Callaghan. According to local news reports, there is LAPD video of this 19 year veteran cop kicking the handcuffed Thomas multiple times in the groin and stomach areas. Thomas was said to be handcuffed and in leg restraints when the alleged beating took place. At some point during the incident, Thomas is described as having lost …
Every once in a while a story just catches my warped sense of humor, like when the Riverside County woman’s body was found in a suitcase. I was struck again today when I read about the woman in Orange County arrested for child cruelty after she allegedly left her 10 year old boys legs chained up when she went out of the house. Child cruelty or child endangerment are often charges that I see over or improperly used. Here, it seems right on target. Santa Ana police got a report from a neighbor that the boy was chained up inside …
Curtis “50 Cent” Jackson has been charged with domestic violence and vandalism in Los Angeles City after he was allegedly involved in an argument with an ex-girlfriend who is described as the mother of a child of Jackson’s. In a statement by the Los Angeles City Attorney’s Office, they describe Jackson as having broken chandeliers in the woman’s home, kicked in a door and kicked the woman, causing injury to her and her property. Jackson was not taken into custody as he was not present at the location when police arrived. Jackson is set to be arraigned on the charges …
A 21 year old man was arrested for allegedly beating a Barista from a local Los Angeles restaurant. The twist here is that the severely beaten victim was said to be a transgender individual who was the target of a hate crime. Nicol Shakhnazaryan was said to be one of your young men who perpetrated this crime. The three other suspects are still at large even after a large reward was said to be offered for information leading to the arrest and conviction of these suspects. Nicol was picked out of a surveillance video tape taken near the location of the incident. …
A 32 year old (former) father was arrested yesterday after his one year old infant died at a local hospital as a result of head and neck injuries. Authorities have David Vasquez in custody in lieu of one million dollars bail. He is thought to be charged with murder. The one year old victim had been the apparent victim of abuse in the past as police were called out to the same location some months ago to find the infant with leg injuries which were not adequately explainable. Happy Father’s Day. If you have questions about child abuse, murder or …
Young Immigrants Held In Adult Jails for Months A recent report from the United States Immigration and Customs Enforcement Office (ICE) stated that over 1,300 juveniles were held in adult immigration detention facilities for days and some for months. Federal regulations require that juveniles be transferred out of adult prison facilities within 72 hours. A recent report released to the National Immigration Justice Center indicated that over one thousand children were illegally housed by ICE in adult jails for over three days, some for as long as six months. The ACLU commented that this fact was: “really, really troubling” and went …
A San Fernando Valley Doctor was arrested yesterday for allegedly sexually battering a patient he treated in 2007. The Los Angeles County District Attorney’s Office filed two criminal charges against Dr. Pez Abrahams regarding the 6 year old incident. At the time of the incident Dr. Abrahams was performing work for the federal immigration authorities. Some time after the incident the California Medical Board investigated Dr. Abrahams and ultimately revoked his license to practice in 2011, about 5 years after the incident. Dr. Abrahams was placed on probation and continued to practice medicine from his office in Winnetka, California until yesterday …
Two more people were arrested and charged with the murder of a local church deacon after a shooting erupted outside the Westlake area church. One man and two women have been arrested and charged with murder of Andres Ordonez after Ordonez and several other parishioners allegedly confronted vandals spray painting the walls of their church. After Ordonez contacted the individuals, another person was said to have emerged from a car and began shooting at the victims, killing Ordonez and wounding another person. Pedro Martinez, Ivy Navarrette and Janeth Lopez have all been arrested and charged with murder as well as …
The kid from the movie Terminator 2 was arrested yesterday for domestic battery in West Hollywood, California. The actors’ name is Edward Furlong and he is now 35. Furlong is due in court on January 25, in Beverly Hills Superior Court. Furlong was also arrested back in October for allegedly violating a restraining order. According to information made pubic by the Los Angeles County Sheriff’s Department, furlong has at least to misdemeanor cases pending against him. Furlong’s case in October appears to be in court at the “Airport” location on La Cienega Boulevard while his new case appears to be …
Actor Michael Nouri of Flashdance fame was arrested yesterday for domestic battery and other charges. Police in Beverly Hills, California were called to a residence on North Palm Drive after a 911 call was made. Police arrived and arrested Nouri for domestic battery, false imprisonment and obstructing the use of a wireless device. Domestic battery is a battery or harmful touching of another with whom the suspect has a dating relationship. False imprisonment is the intentional confinement of another person. Finally, destruction of a wireless device is self explanatory and is often one of several other added charge in a …
In a bid for attention, a Pennsylvania woman admitted to poisoning her boyfriend with Visine eye drops. Vickie Jo Mills, 33 was arrested Thursday and charged with 10 counts of aggravated assault, 10 counts of simple assault and 10 counts of reckless endangerment. She admitted to police that over the past 3 years, she had laced her boyfriend, Therman Edgar Nesbitt III’s drinking water with Visine eye drops 10-12 times. She claims she was not trying to kill him. Mills and Nesbitt have a child together. Nesbitt had been feeling ill and saw his doctor after experiencing nasea, vomiting and breathing …
Will Lynch was found not guilty yesterday in all but one of the criminal charges against him. He was charged by Santa Clara County Prosecutors with two felony counts of battery and elder abuse both allegedly serious bodily injury was caused. After three weeks of trial jurors found Lynch not guilty on all but one count, a simple battery charge in which the juror was unable to reach a verdict and a mistrial was declared. Prosecutors must now decide whether or not to have a second trial on the misdemeanor battery count. I say bravo to defense attorney Pat Harris …
Riverside Police officer Ryan Bonaminio was killed by gunshot wounds in November of 2010. The suspect in the crime, Earl Ellis began trial today. The opening statement by his defense attorney caused me some great concern for the outcome of his case. The Los Angeles Times reported that Mr. Earl’s defense attorney conceded the death by gunshot wounds and the fact that it was committed by Earl. The defense conceded that the death was a murder but disputed the allegation that it was premeditated. A first degree murder of a police officer carries a potential death sentence. The approach of …
Mark Berndt, a long time Los Angeles Unified School District teacher was just arrested and charged with multiple sex offenses against his students. The allegations include that he gagged the students, blindfolded them and fed them his own semen with a spoon. Witness statements indicate that the conduct had been ongoing for over ten years. The investigation began in late 2010 after a photo technician called the police when he was asked to process some disturbing images depicting children. In January of 2011, the School District suspended Berndt and later fired him. He was arraigned yesterday after being charged with …
Domestic Battery seems to be the crime de jour to prosecute these days. Ever since the O.J. Simpson case, police officers do not seem to be able to go out to any domestic battery call without arresting someone. Prosecutors do not want to dismiss a domestic battery case unless they have absolutely no possibility of a conviction. Often times, a defendant in a criminal case does not fully understand the consequences of a domestic battery conviction until it is far too late. Many people are aware that if someone is convicted of domestic battery here in California, there are certain mandatory …
Hemet, California Police announced the arrests of two men on Saturday in connection with the recent urban terrorism against the City of Hemet and the Hemet, California Police Department. A joint task for of city, county and federal law enforcement arrested Nicholas Smit of Hemet, and Steven Hansen of Homeland, California. Smit was arrested for attempted murder of a police officer and other charges. Hansen is said to be a convicted arsonist who was arrested for a parole violation. These arrests followed six months of urban terrorism against the City of Hemet and Hemet Police which included multiple acts of arson …
Michael Eugene Richardson, of Chula Vista, California was arrested Thursday for allegedly having sex with his minor niece. His arrest comes just two days after his wife and mother-in-law were killed in what law enforcement calls a traffic related homicide. California Highway Patrol officers who investigated the traffic accident describe the vehicle’s plunging sixty feet down an embankment as suspicious because there were no skid marks found on the road above. The cause of the accident remains to be seen. The cause of death appears to be from the crash impact. Richardson is said to own his own automobile repair …
A police officer and a former police officer were recently indicted for civil rights violations stemming from wrongful use of their taser guns. The incidents happened in 2004 and 2005 in the City of Desert Hot Springs, California. If my math is correct that is about five to six years ago. My first questions is, why did it take so long to file charges against these two men? In recent years, many of us have noticed that almost all of our local law enforcement officers are now carrying Taser devices on their belts. In days past, Taser devices were limited …
A dog beater in Riverside got sentenced yesterday to three years of probation 90 days jail to be served on weekends, community service hours and anger management classes. Glynn Johnson of Riverside is a former Assistant Los Angeles County Fire Chief who was convicted of animal cruelty which apparently stemmed from a neighbor dispute over some noise problems. Weekends in jail and anger management classes seem appropriate under the circumstances, however, it seems absurd to sentence a dog beater to community work with animals. Maybe the judge could have thought that item through a little more clearly. In the end …