Category: Felony

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 …

Now is the Right Time to Expunge Your Conviction Many of us have time on our hands right now. Let’s use it wisely. Many of us are unemployed or underemployed right now. What do we do about it? Now is a great time to clean up your criminal record and make yourself more hirable. Expunging your criminal conviction in California can be a career saver. Under California law (Penal Code Section 1203.4) if we successfully complete probation, we can expunge most criminal cases. Once we expunge a case we can honestly tell a potential employer that we have not been …

What Happens After My Preliminary Hearing? Felonies get filed two ways in California State Courts. People can be indicted by a grand jury or far more often is the case that a complaint is filed by the District Attorney. After the complaint is filed, the client sees the judge and enters a not guilty plea. We have the right to a speedy preliminary hearing or probable cause determination before a judge. This occurs within 10 court days and not more than 60 calendar days of our arraignment unless we waive our rights to a speedy hearing. Many felonies in California …

Felony DUI’s and the Three Ways to Get There Many people in California know someone who has been arrested for or convicted of a DUI. Some people even know a bit about felony DUI’s. Most commonly a DUI becomes a felony when an injury is caused. California Vehicle Code Section 23153 covers the felony DUI from injuries. These cases can be either misdemeanors or felonies depending upon the extent of the injuries. In extreme cases, the offense can even be a strike where there is great bodily injury or death. As a misdemeanor there is still mandatory jail time and …

Multiple DUI Arrests and Scared? Cases seem to come to me in bunches.  This year seems to be my year for Crane operator clients.  I’ve had three this year.  I’ve also had several clients this year who were arrested more than once in a very short period of time.  Three were DUI’s, two were driving on suspended licenses after DUI’s and one was simply a juvenile with a bad attitude.  What they all have in common is they all are very scared and the courts and prosecutors tend to be very unhappy with this type of behavior. So how do …

California is the only state that limits access to the personal files of law enforcement witnesses resulting in a lack of fair trials for accused individuals. Read this L.A. Time article about how I navigated around that block in federal court to ensure a favorable outcome from my client. “This L.A. sheriff’s deputy was a pariah in federal court. But his secrets were safe with the state.” Los Angeles Times, August 10, 2018.

As of January 1, 2018, California courts are offering “pre-plea”diversion in some drug cases. The benefit of pre-plea diversion is that defendant’s are not actually convicted of the charges and can earn a complete dismissal down the road. Prior to January of 1997, California offered diversion programs similar to the new law. After 1997, the law changed from “diversion” to “deferred entry of judgment”. The difference between the two is that diversion does not require a plea to be entered prior to accepting this as a settlement. This means that the defendant is never “convicted” of the crime. In the deferred …

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 …

Leveraging Better Results in Criminal Defense Cases: Pitchess Motions Almost every time a new client comes in they want to know how their case will end up. Often times, clients want me to “lay odds” about what will happen with their case. I have to tell them the same thing every time: Every case is different. Every result is different. I may have some idea about how a case should work out, but I never know exactly how the case will resolve. What I do know is that I can frequently do things to increase my client’s odds of 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 …

I hear a lot of similar stories when it comes to clients being arrested for evading law enforcement. Why didn’t you stop? I was scared because my license was suspended or I was scared because I had been drinking are the most common answers that I hear. One of my favorite stories was several years ago from a client who was riding his motorcycle southbound on the 101 Freeway from Santa Barbara to Long Beach. CHP cars and a helicopter started following him shortly after he entered Ventura County. They clocked him at over 140 miles per hour and it …

Friday night in Northern California 3 young men appear to have been extremely bored as one the men put on a “bullet proof vest” and another man shot him in the chest. Sadly the vest did not stop the bullet and the young man died. Authorities suggested that the man may have lived if emergency personnel were called earlier. The question now is whether one or both of the young men will be charged with crimes and if so, what crime or crimes? This does not sound like a murder case to me but let’s take a closer look. First, murder is …

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 …

Proposition 47 Passes Making Many Drug and Theft Offenses Misdemeanors In case you have not heard yet, Proposition 47 just passed. This means that many felony drug and theft offenses will now be misdemeanors. There is an exception in the law to exclude certain defendants with prior convictions for murder, rape and certain other sex offenses and gun charges. Also, the proposition has a retroactive effect which would allow previously convicted felons to be re-sentenced under the new law. Before re-sentencing the proposition requires some kind of criminal history review by a judge in order to assure the public that …

Kevin Hogrefe is Out on $500,00 Bail and Using the Public Defender Kevin Hogrefe posted bail of $500,000.00 and appeared at his arraignment out of custody yesterday in Ventura Superior Court. He was ordered as a condition of bail to wear and GPS tracking device and a skin monitor for alcohol. He appeared in court with a Ventura County Deputy Public Defender, Justin Tuttle. I happen to be a fan of the Ventura County Public Defender’s Office. I think the vast majority of these lawyers are hard working, well trained defense attorney who are practicing their trade in a very tough county. …

These days one of the most common requests I get from clients is to help them “set up” a dispensary to sell medical marijuana. “No really”, they say, “I want to be legit”. The first thing I tell these clients is that they shouldn’t do it. Someone was in last week asking me to set him up with someone who could supply him with a larger volume of marijuana. I told him to get out. The first thing I have to say about setting up a marijuana “business” is that it is not legal. Nowhere in the California Attorney General’s Guidelines on …

A Deputy Los Angeles City Attorney was arrested Thursday for possession and distribution of child pornography. He was taken into custody at his home in San Pedro, California by Los Angeles Police Officers. The man, 57 year old Christopher Richard Garcia, works for the City’s “Airport Division” located at Los Angeles International Airport. Garcia was licensed to practice law in 1986 after graduating from Harvard Law School. According to the State Bar of California, Garcia has never been subject to any disciplinary action by the Bar and has been practicing law since he was licensed. Garcia is currently out of jail …

I missed this article last week, so I will talk about it today because this is a lot of marijuana. California Highway Patrol officers in the Imperial Valley pulled over a Chevy Van that they said was weaving as it drove north on Highway 86. After pulling over the van, officers found a 30 year old man from Las Vegas who was allegedly heading home – with 2000 pounds of marijuana in his van. That’s a ton for those who aren’t that good at math — An actual ton. According to the Los Angeles Times, officers had to call out a canine …

Operation High End Busts Auto Theft Ring In Los Angeles I hate to sound negative, but shouldn’t a 4 year, hundred officer, multiple agency car theft investigation yield more than 12 arrests over 21 stolen cars? Apparently, agents from the California Highway Patrol, Department of Insurance, Los Angeles Police Department and the Franchise Tax Board investigated a ring of people who falsified financial information to steal new cars from cars 18 different car dealers. The suspects then (allegedly) sold the cars or staged auto accidents with the stolen vehicles. The accident claims were then submitted to various insurance carriers in the hopes …

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 …

In what appears to be a premeditated case of doggie homicide, a Sherman Oaks, California man was recently charged with animal cruelty after he allegedly ran over the dog owned by his estranged wife. Michael David Parker was arrested in January on felony charges of animal cruelty and his case was recently filed after investigators were able to get their hands on some surveillance video. The video allegedly shows Parker taking the Chihuahua to the alley behind the owner’s home and placing the dog on the ground. Parker is then described backing his car up and intentionally driving over the dog, killing …

Two men were arrested yesterday in Camarillo after they were scene trying to hitchhike in the area of Ventura County between Camarillo and Moorpark along Santa Rosa Road. They were “spotted” by an off duty sheriff’s deputy who reported their presence to additional authorities. Sheriff’s units converged on the two men who were suspects in an earlier residential burglarywhich lead to the suspects leading police on a long chase through extensive open land in the area. The two men were last observed in the area of Leisure Village in Camarillo. I suppose the 19 and 21 year old African American men …

Los Angeles Police arrested a man in Hollywood Tuesday after he (allegedly) smashed the window of a police car, stole a computer and walked away. The incident took place about one in the afternoon in the area of Hollywood Boulevard and Highland. Multiple witnesses saw the incident and at least one videotaped the man in his brazen daytime activities. The suspect was described as “very angry” as he took what appeared to be a metal pipe and smashed the window of the unoccupied police car. The man, who was not identified by police, was arrested shortly thereafter and faces charges …

Xavier Domic Smith, a 20 year old rap artist was charged with multiple felonies in Los Angeles County on Friday. Smith, also known as “Lil Za” was recently arrested when sheriff’s deputies executed a search warrant a Justin Bieber’s gated Calabasas home. Sheriff’s officials indicated that as a result of the search they recovered MDMA, also known as ecstasy and Oxycodone, a strong prescription pain medication in the possession of Smith. Smith was taken into custody and not immediately charged as he posted bail shortly after his arrest. While in sheriff’s custody at the Lost Hills, sheriff’s station, Mr. Smith is said …

Two people were arrested last week in Simi Valley, California after investigators found Methylone with an estimated street value of over $400,000 at the homes of Aaron Lieberman age 23 and his girlfriend Samantha Brand, 22, both residents of Ventura County. Ventura County Sheriff’s officials suspect that the two suspects were the source of most of the ecstasy and bath salts being supplied to the East side of Ventura County including Simi Valley and The West side of Los Angeles County including the San Fernando Valley. Typically known as bath salts, the drug has become increasingly popular in recent months as it has been …

Tustin police officers recently stumbled upon 24,000 pounds (that’s right) of marijuana after the driver of a big rig truck called 911 telling the operator that he thought he was being hi-jacked. The truck driver said that two men in a van tried to pull him over and flashed some sort of badge. The driver said the men looked a little shady so instead of pulling over he pulled into the parking lot of a business and called the police. Tustin police officers arrived to find the attempted robbers gone upon their arrival. Further investigation revealed about 12 tons of marijuana secreted …

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 …

18 people were arrested and 2,000 pounds of marijuana were seized after a boat landed on a quiet Santa Barbara Beach Friday. Law enforcement officials said the boat was first spotted by a group of national guardsmen. The tip was turned over to Santa Barbara Sheriff’s who made the bulk of the arrests with the help of some other law enforcement agencies. Federal authorities later located a truck which was tied to the bust and led to additional evidence and arrests. Many of the suspects were thought to be from Los Angeles County. Identitites of the subjects were being withheld pending filing …

A homeless man was arrested yesterday in Studio City after he stole a minivan that was left running in the area of Ventura Boulevard and Whitsett. Nobody seemed to care about the van being stolen. What got the community up in arms was the fact that the van had the Mateo family dog sleeping in the back. It was a hot day in the Valley and the owner said he had stopped to pick up his wife and child at a local store. Mateo left the dog in the car with the engine running and the air conditioning on. It …

Two men in a small boat loaded with bales of marijuana were busted off the coast of Zuma Beach yesterday. Los Angeles County lifeguards in the area notified the United States Coast Guard of the presence of the occupied “panga” style boat just off the popular Southern California Beach. The U. S. Coast Guard deployed helicopters and boats to intercept the boat which had broken down in the area of Malibu near the Ventura County Line. Authorities overtook the boat and arrested two men on board. 26 bales of marijuana were seized by law enforcement and the Los Angeles County …

Ventura County Law Enforcement arrested three men from kern County after they were discovered tending to a 55,000 plant marijuana operation in the Los Padres national Forest located in norther Ventura County near the small town of Ojai. This was very near the site where a record setting bust took place last year. That grow was discovered by hikers while this was discovered by a night surveillance operation by the Ventura County Sheriff. Along with the three men, police found a handgun, growing supplies and about one pound of finished marijuana. One of the three men posted bail while the …

A Riverside County resident was just sentenced to 17 years in prison after pleading guilty to three counts of gross vehicular manslaughter resulting from a DUI traffic collision early last year. Tenina Calhoun of Moreno Valley had been out with friends celebrating her birthday when she got behind the wheel of her SUV and, while speeding down the road, lost control of the vehicle and crashed into a tree. 5 occupants were ejected from the vehicle and three of them died. Calhoun had been charged with three counts of second degree murder as a result of the drunken traffic accident and in a plea …

The threat of jail and deportation was not enough to deter Ricardo Valencia from allegedly tending to over 6,000 marijuana plants shortly after his conviction and deportation for similar conduct. Valencia, 36 was being investigated by Ventura County law enforcement based on his prior conduct. A search warrant execution yielded $5,000 in cash, two firearms and various other indicia of marijuana cultivation. The sheriffs searched at least three different locations and seized over 6,000 growing marijuana plants. For those of us who are not counting, that’s a couple more than the attorney general says we can have. It appears that Valencia will be …

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. …

In a brief interview with a Spanish language television station this weekend, Mayor elect Eric Garcetti voiced his opinion that medical marijuana is ok and that casual use of marijuana might not be so bad either. Garcetti was interviewed by Univision’s Jorge Ramos on Saturday and suggested that if the California voters wished to make marijuana legal, he didn’t seem to have a problem with it. He also stated that medical marijuana is a valuable treatment method. The brief interview did not extend to the countless numbers of medical marijuana “clinics” in the city or how Garcetti planned to deal with them …

The only thing Ventura County Law Enforcement likes less than crime is crime committed by people from out of the county. Simi Valley police arrested a 40 year old man from Los Angeles County earlier today after he was caught in possession of ecstasy and suspected of selling the illegal drug. After arresting Chen, officers with both the Ventura County Sheriff’s Department and The Simi Valley Police executed a search warrant at Chen’s Rowland Heights home. Police recovered additional drugs at the home as well as in his car. Chen is being held in lieu of $50,000 bail and will …

In the second Supreme Court case in a year to involve drug sniffing dogs, the Court held that the cops need a search warrant in order to bring drug dogs onto your porch. The Court went on to say that not just inside the house, but the “curtilage” of the home should be free from law enforcement searches without a warrant. Curtilage is anything connected to the home or closing associated with the home like the porch or garage areas. The ruling came after Miami-Dade police and Federal agents from the Drug Enforcement Administration started watching a home where they …

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 …

Three men were arrested in Ventura County after an extensive undercover operation led police to believe a couple of local medical marijuana dispensaries were selling illegal “bath salts”. Bath salts, as they have become known are said to be a manufactured drug that has a composition similar to methamphetamine and offers some psychedelic effects to its user. The drugs were allegedly being sold right out of the dispensary without any need for a prescription or other medical recommendation. Ventura County District Attorney Greg Totten went public this week after his office and local law enforcement completed their investigation. Totten warned the …

A 40 year old man From Moorpark, California was just arrested for practicing dentistry without a license. Ventura County Sheriff’s deputies and investigators from the state dental board executed a search warrant at the home of William Escobar to find his bathroom converted to a dental exam room. Officers said they investigated Escobar for about a month before obtaining the warrant. Why it took that long it beyond me, but upon entering his home police said they found a dental chair, medication, needles, material to perform orthodontics and more. It seems “doctor” Escobar recommended that one of his patients have …

A driver hit an electrical transformer in Sun Valley, California yesterday. The crash caused the transformer to blow up and started a fire in a large commercial building in the North San Fernando Valley. The collision caused a power failure to the entire Burbank Airport as well. The fire took hours and over a hundred firemen to put down. The driver was not located as of the next day. I am certain a serious investigation is under way to locate the driver. If you have questions about hit and run or any other criminal law or traffic law matter, please …

Arturo Gutierrez III was arrested in Seal Beach yesterday after allegedly trying to meet an under age female for sexual purposes. Art is a well known young criminal defense attorney in Ventura County and the son of the Honorable Arturo Gutierrez II, a retired Ventura County Judge and former veteran deputy public defender in Ventura County. It is alleged that Art Junior was caught up in a police task force who were investigating the online chat of a juvenile female in Orange County. She was said to have been communicating with several different men and the task force took over …

Members of the Merced Multi-Agency narcotics Task Force arrested 11 people , seized 330 pounds of Methamphetamine, more than $100,00 cash and three vehicles during a raid that took place in Merced, CA. The investigation began in April with the purchase of one pound of Meth. Merced County District Attorney, Larry Morse said the street value of the meth is estimated to be more than $9 million.

Italian authorities uncover the biggest marijuana cultivation site ever discovered in Rome. Financial Officers on a routine walk through of the Bank of Italy detected the smell of marijuana rising from an air duct of an underground tunnel. The aroma led them to a metal door that opened onto what looked like a legitimate subterranean mushroom-growing business. Truffles, which are a known delicacy in Rome, are a type of mushroom that would be sold in this type of store. After the Officers noticed a fake brick wall, they pushed on the bricks and discovered a 43,000 square foot tunnel cultivation …

Two former US Border Patrol agents were found guilty of human smuggling. Raul Villarreal and his brother Fidel Villarreal assisted in the smuggling of immigrants on foot across the border in the backcountry east of San Diego. Over a two year period, the brothers would pick up immigrants and drive them into the US in their official government vehicles. Immigration and Customs Enforcement estimate the brothers brought roughly 500 immigrants into the US during this period, generating up to $4 million in profits. If you know someone who has been accused of a crime or have questions regarding aliens or …

A yearlong police investigation targeting the Eastside Anaheim gang resulted in 33 arrests of various criminal activities including drug trafficking and possession of firearms. Anaheim has seen a rise in police shootings this year and attribute the violence to gang activity. The investigation, named Operation Halo consisted of more than 250 officers raiding over 50 locations in the Anaheim area. Local residents voiced fear as police barged into homes in the quiet neighborhood near the 91 freeway. Residents spoke of police ransacking their homes, being handcuffed and having property seized from the home. If you have questions about this or …

The Black Sabbath Motorcycle Club President was killed in a drive by shooting late Friday night. Clyde Major Thompson Jr., also known as Wild Dogg, 51, was repairing a motorcycle at the club’s San Diego clubhouse, when he was gunned down. The shooter is described as a young black man wearing a black hooded jacket and black shirt. The motive is unclear. Police are searching for the suspect. The Black Sabbath Motorcycle club formed in 1972 by seven African American men who liked to ride motorcycles on Sundays. San Diego is considered the “mother chapter”. Since forming the club has …

Heroin use is on the rise in Ventura County, with a spike of cases found in Simi Valley. The prevalence of heroin addiction is often connected to prescription pain medications. Due to easy access of obtaining a prescription for opiates such as OxyContin, we are seeing a higher demand for heroin on the streets, which offers the same high, only more intense and at a much cheaper price. 75% of heroin overdoses that occurred in Ventura county from January 2010-March 2012 were found to be white males between the ages of 16-30 years of age. Simi Valley residents have responded …

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 …

I was recently contacted by the Los Angeles Area Drug Enforcement Administration or DEA. Special Agents on a task force dealing with physicians over-prescribing pills called me because they wanted to talk to one of my clients. My client, who is under doctors care for chronic pain, has been getting prescription pain medication for many years. Although my client has done nothing wrong, DEA agents are investigating my client’s doctors in an effort to determine if certain doctors are over-prescribing drugs. Many of us are familiar with the recent trial of Dr. Conrad Murray. However, we may not be aware …

If you are a police officer in California, it seems as if it is a bad time for you to commit crime. In two separate trials in as many months two different police officers were recently convicted of murder in Los Angeles County. In what is dubbed a “cold case” murder, former Los Angeles Police Department detective Stephanie Lazarus was convicted of beating and shooting the wife of a man for whom she had a love interest. Her defense contended that crime scene evidence was tainted, however, this did not stop the jury from quickly reaching a verdict of guilt. …

A three judge panel in the 4th District (Riverside) Court of Appeal of the State of California just ruled that cities and counties are free to ban medical marijuana dispensaries in their jursidictions. This case followed another case in Long Beach where the 9th Circuit Court of Appeal ruled that Long Beach could not make laws specifically authorizing medical marijuana dispensaries because the drug still remains illegal under federal law. Taken together the new ruling are very damaging for the medical marijuana community. At least in so far as it pertains to dispensaries. While these new laws will have little effect on …

Ventura County law enforcement busted seven people and confiscated an estimated 130 pounds of marijuana in a farm-like setup near Pyramid Lake in the Los Padres national forest. Sheriff’s officials described a temporary camp-like setting where workers were using public land and water to cultivate there marijuana. Upon inspecting the area deputies found camping gear and food which apparently belonged to the marijuana growers. Police then discovered the drying marijuana plants and seized them. Shortly thereafter police located seven men a short distance from the camp. Unable to elude sheriff’s deputies the suspects found themselves at the edge of a …

I currently have a client charged with evading arrest and DUI in the San Fernando Courthouse of Los Angeles County. He also has a 20 year old strike prior from a previous alcohol-related driving incident. In fact, is entire criminal history involves alcohol use or abuse. According to my client, he has been abusing alcohol since he was 18 years old. This was the time he enlisted in the Navy. He served in a combat zone in Viet Nam and was honorably discharged shortly after the war ended. While in the Navy he was trained in aviation electronics and has …

Many years after the voters in California passed an initiative to allow legal use and possession of marijuana, the federal government still does not see it our way. The Compassionate Use Act allows authorized persons with medical needs and a doctor’s recommendation to have, use and even cultivate marijuana for personal use or for use as a caregiver or within specified group. I got a call just this Friday from a woman charged with possession of under an ounce of marijuana. She was on a federal military base and had the marijuana (with a valid CA prescription) on the base. …

A Riverside County man was tragically sentenced to 29 to life in prison for shoplifting less than $21 worth of merchandise from a Home Depot Store in the Lake Elsinore area. Yes, he had an extensive criminal history. Yes, he was on parole for at least one prior felony conviction. Yes, he has had strikes “stricken” before. And yes, it should have happened again. According to the local media, Scott Hove, 45, of Riverside County, was previously charged with a third strike offense in Riverside County. In that case, he was charged with drug possession. The District Attorney argued to …

Orange County Judge David Chaffee just ruled that Anaheim is within the law when it bans all medical marijuana dispensaries in it’s city. In a hotly contested ruling, a Superior Court judge in Orange County just sent the dispensaries packing – or at least moving – outside the city of Anaheim. Attorney Anthony Curiale, who represents the Qualified Patients Association, says his client, who runs a marijuana dispensary is going to appeal. Curiale goes on to state the the city ordinance is unconstitutional and conflicts with state law. Paul Chabot of the Coalition for a Drug Free California indicated that …

A staff member at a West Hollywood plastic surgery clinic was caught in the act of practicing medicine without a license. After getting complaints from the State Medical Board, investigators fromthe agency starting watching a clinic at Sunset medical Tower on Sunset Boulevard very closely. When the Board inspectors went to the facility what they found was scary. As staff member at the doctor’s office was not only diagnosing patients’ medical conditions but was administering laser treatment to patients. According the the local media, the owners of the clinic are manny and Pie Calayan, neither of whom are medical doctors …

Los Angeles County Superior Court Judge Harvey Silberman was found not guilty yesterday. The judge was indicted in 2008 for allegedly violating a State Election Code. He was accused of bribing another candidate in an effort to get her to step out of the race. In trial, two witnesses testified against Silberman. They were working on his judicial campaign at the time the alleged crime occurred. Silberman’s attorney argued that the witnesses lied about their stories in an effort to get better “deals” from the prosecutor. The two had pled guilty to misdemeanor in order to avoid trial on felony …

California’s jailhouse informants may soon need to find a new source of income and benefits. The State Legislature just passed a bill prohibiting convictions in criminal cases which are based entirely upon the uncorroborated testimony of jailhouse informants. Governor Brown is expected to sign the bill into law in the near future. Jailhouse informants are inmates in jail or prison who testify for the prosecution in criminal cases. They often do this in exchange for some sort of payment or other benefit. A benefit could include a lesser sentence in a criminal charge which the informant is facing him or …

Playing with firecrackers can get you burned in California. After a juvenile court commissioner found that two teens didn’t intend to set a forest fire, he sent them home on probation. Apparently the Los Angeles County District Attorney was not happy with the result and appealed the conviction or the sentence. The California Supreme Court found that willful and malicious conduct in throwing a cherry bomb on a brush covered hill is sufficient for a finding of arson. This is very significant in the California criminal justice scheme. Arson is not only a strike offense for purposes of California’s Three …

California Governor Jerry Brown recently signed legislation that will cause thousands nonviolent felons to serve their time in county jails instead of state prisons. Here in Los Angeles County, that will likely mean a great deal to the inmates. Here in Los Angeles County we typically see inmates in county jail serving only a small percentage of their given sentence. For Felonies it is common that my client serve a third of their sentence or even less in some cases. Other counties differ greatly from Los Angeles. Just next door in Ventura County, inmates typically serve 66% of their sentences, …

I regularly get calls from potential clients who do not wish to give out any case-specific information and want to get a “quote” over the telephone for the cost of my criminal defense services. It is difficult to quote a fee without knowing the specific facts about a particular case. When I speak to a potential client who just wants a quote over the phone, my first question is usually, “Do you have a minute or two to speak with me about the facts of your case?” The answer is often yes, in which case I am able to obtain …

Here in Los Angeles people have long had a liberal view of illegal drug use.  In recent years we have seen our state’s marijuana laws become more and more liberal as well.  Not all other states take the same view toward unlawful drug activities like personal use and sale of small amounts of drugs. As people’s views toward drug use tend to liberalize, a phenomenon occurs within the court system.  It becomes increasingly difficult to find twelve jurors who will hold a defendant accountable for certain minor drug crimes.  Most people think of the term “drug dealer” as someone who prays on the …

Los Angeles Superior Court Judge Anthony Mohr issued a temporary injunction allowing dozens of Los Angeles medical marijuana dispensaries to stay open pending new City Laws or further court action.  The judge stated that as written, City laws violate the Constitution in several significant ways including the Equal Protection Clause and the Due Process Clause. The bad news is that the judge also allowed a quick out for the City.  By simple amendments to the current laws, the City could prevent any new dispensaries after a certain date and only allow dispensaries operating prior to that same date. My thoughts are …

California Senator Roderick Wright from Los Angeles County was just indicted on charges of perjury and voter fraud stemming from his Senatorial race and voter registration in 2007.  He also is alleged to have voted fraudulently in 5 subsequent elections as well. At least we know he is out there voting.  Also, it seems that his co-workers in politics have nothing but good things to say about his work as a politician. The LA Times reports he was indicted by a grand jury and is facing multiple felony charges based upon signing documents under penalty of perjury which say he lives in his senatorial district when …

The U.S. Department of Homeland Security recently reported that the top reason for “removing” or deporting immigrants is based upon their being detained for crimes involving “dangerous drugs”. these crimes involve the manufacturing, sale or distribution and even possession of illegal drugs. Dangerous drug crimes caused the deportation of almost 30 percent of all people deported in 2009. Next to dangerous drugs came traffic offenses which accounted for 16 percent of deportations and then came other violations like illegally entering the country of smuggling of other immigrants into the country which accounted for over 15 percent of deportations. Statistics maintained by …

Prosecutors in New York just sent a Chinese born American citizen to federal prison for 37 months for importing and selling millions of dollars worth of counterfeit Trojan brand condoms. 4.3 million counterfeit condoms were recovered in the 6 year investigation which lead to the conviction. Prosecutors indicated that condoms were tested and found to be defective and leak, burst or otherwise not be spermicidally lubricated as the authentic version should be. Court documents indicate that condoms were imported from China and packaged under several different names in the Trojan line. The products were then sold as authentic to both wholesale and …

Former Los Angeles County Sheriff’s Deputy Peter Paul Felix was just sentenced to four years in state prison for bringing drugs into the very jails that he was charged with protecting.  He must have done it for the money, right?  As a deputy with two years on, Felix was probably going to make close to $100,000, in the full year he left the Sheriff’s Department.  With a salary like that, the idea of supplementing one’s income by a few thousand dollars does not seem to warrant the risk losing your job or going to prison.  Why then would Deputy Felix …

Proposition 19, California’s initiative to legalize the possession, growth and use of marijuana by people over 21 is losing ground according to the latest Field Poll.  The latest poll shows that more potential voters are likely to oppose it than support it. The poll goes on to show that the division appears to be on ethnic lines.  While more white voters support the legalization, black, hispanic and asian voters tend to be against it. Let’s wake up our pot smoking friends and get on the move.  Maybe we should offer brownies to people if they show us their “I voted” stickers.  For the …

Luis Mijangos, a paraplegic man from Orange County was arrested and charged with multiple counts of violating federal laws as he extorted sexually explicit images from women and girls in the Southland.  Federal authorities allege that he utilizes software to gather photos or video from the victims.  He then emails the victims and threatens to expose the photos publicly. Interestingly, instead of asking for money, he asks his victims to send him additional sexually explicit photos and video.  It appears that many of his victims did what he asked.  When authorities searched Mijangos’ home they found dozens of videos from …

Beverly Hills attorney Michael Inman was arrested yesterday after he allegedly brought heroin and methamphetamine into a courthouse lockup facility in downtown Los Angeles.  Inman was held for felony charges and bail was set at $190,000. The location of the arrest which is within the Clara Shortridge Foltz Criminal Justice Center, or CCB as it has been known for years, houses hundreds of inmates who are attending court hearings in the massive courthouse.  Sheriff’s officials say that a drug dog that was there to check inmates for narcotics alerted on Mr. Inman after which Inman was found to be in possession of black tar …

Singer Chris Brown was recently denied a visa for travel to the United Kingdom because of his criminal history.  As a result of the visa denial, Brown’s tour had to be postponed.  As a result of postponing his tour, Brown is out a lot of money. What does this have to do with me, you ask?..After all, I’m a U.S. citizen…It’s not like I’m going to get deported or something, right?.. Criminal defendants are effected by their cases in more ways than they know.  Not only can non-citizens be deported, they may also be denied re-entry into the country or …

Another “Bling Ring” defendant plead no contest to the residential burglary of actor Orlando Bloom’s home.  Alexis Neiers, who the media describe as a reality star, had previously denied knowledge of the burglary indicating she was present but too intoxicated to know what was going on.  I’m glad her defense attorney didn’t try to sell that to a jury. She appears to have pled no contest to residential burglary, which is a strike under California’s Three Strikes Law.  Her sentence appears to be as follows:  Two years state prison, imposed and suspended,  three years of formal probation, 180 days in county jail, …

Earlier today a Federal Judge dismissed a lawsuit by three Orange County, California residents who contended that a total ban on marijuana dispensaries in certain cities in Orange County violated the American’s With Disabilities Act. Federal District Court Judge Andrew Guilford indicated that marijuana cannot be prescribed under the ADA, thus, the Act did not apply to marijuana. As such, the parties bringing the action were not likely to win at trial and the case was dismissed. It seems to me that an argument under the Equal Protection Clause might have been more successful. For example, it would likely be found …

Actor Randy Quaid and his wife Evi were booked Monday on felony charges of defrauding an inkeeper in Santa Barbara County. They were each released after posting $100,000 bail. My first thought after reading about Mr. Quaid is that times must be tough for him too. However, if he and his wife both posted $100,000 bail, that means they likely payed a bail bondsman 10 percent of that amount or put up the whole amount themselves. It seems to me that they might have been better off paying the hotel bill to begin with. That is, assuming they really owed it. Defrauding …

Nerses Galstyan, the suspected April 3rd shooter at the Hot Spot Restaurant in Valley Village was arrested yesterday without incident.  He was apprehended by a federal fugitive task force in the State of Washington.  Galstyan is suspected of shooting 6 men, 4 of whom were mortally wounded. After the shooting, Galstyan was indicted by a federal grand jury on weapons charges including dealing firearms without a license.  He is alleged to have participated in the sale of firearms to an informant working for the Federal Alcohol, Tobacco,  Firearms and Explosives Agency.

Four men were arrested yesterday after they broke into a marijuana dispensary located in Laguna Hills. I suppose the high costs of medication caused them to become desperate. In their desperation they broke into a neighboring business and tunneled under ground and into the dispensary. They were said to have been in the process of burglarizing the business when they accidentally set off a recently added alarm system. Sheriff’s officials arrested the four men shortly after the alarm was set off. The business was burglarized a couple weeks ago and suffered a significant financial loss. This prompted the recent installation …

April 20th has long been a day that has been celebrated by marijuana smokers and 2010 seems to be no exception. I recommend that the day be celebrated by a visit to one’s doctor who can provide the 4/20 aficionado with a medical recommendation for the lawful use of marijuana. Marijuana has long been thought to be medically beneficial for a variety of ailments. I you are one suffering from almost any medical condition, you might seek a doctor’s recommendation for marijuana. Once you receive such a “prescription” then it is truly time to celebrate. However, until then, smoking marijuana …

Several former high ranking “officers” of Blackwater Worldwide were indicted on weapons charges last week. In what was described as a “Straw Purchase”, Blackwater personnel allegedly financed the purchase of automatic weapons for a small sheriff’s department. The weapons were supposed to be stored at Blackwater’s facilities, but owned by law enforcement. Blackwater has denied the allegations. Generally speaking only military and law enforcement personally can own or possess automatic weapons. There are limited exceptions to this for holders of specific federal firearms licenses or antique weapons. Otherwise, civilian personnel can only own semi-automatic weapons. Personally, I think that most …

The Orange County District Attorney has declined to file criminal charges against a La Habra City police officer who crashed into and killed a husband and wife who were on their way to hear their daughter sing in a church musical. Sources say that the California Highway patrol investigated the crash. The officer was said to be on her way to assist in the pursuit of a parolee. The CHP estimated her speed at 62 in a 35 mile per hour zone. CHP investigators recommended that criminal charges be filed against the officer but the District Attorney’s office declined. The …

I just came from court in Burbank where I achieved a fantastic settlement for JC.  JC was pulled over and found to have several thousand dollars in cash and 26 baggies of cocaine in his car.  There were also four cellular phones with one wringing off the hook. Police convinced him to let them search his house where they found three pounds of cocaine, one pound of marijuana and two loaded handguns.  Did I mention that both of JC’s children (ages 1 and 3) were at home? Result?  Probation and 180 days in county jail.  Another good day, and another …

Recently a client (A.G.) came to me after he had been arrested and charged with possession narcotics. Normally, this is not a big deal for a criminal defense attorney. In A.G.’s case, he was not a United States citizen. He couldn’t plead guilty to a felony and do a drug program. His immigration lawyer told him this would have devastating effects on his immigration status. We decided to set the case for trial. The prosecutor and the judge were very upset that AG didn’t want to plead guilty and they were likewise upset that I didn’t want to try and …