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 …

San Diego, California sex offender John Albert Gardner plead guilty to killing two girls and attempting to rape another. He will be sentenced to life in state prison without the possibility of parole. I believe that Gardner was instrumental in helping police recover the body of one of his victims. For this, the prosecution agreed to spare his life and not seek the death penalty for his crimes. Gardner is set to be sentenced on June 1, of this year. I would expect to hear statements from the families of the victims at that hearing. This should be a highly emotional hearing. …

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 …

In an uneventful sentencing hearing, so-called Bling-Ring defendant Jonathon Ajar was sentenced yesterday to a prison term of three years.  Ajar was alleged to be a fence for the thieves who burglarized the homes of various local celebrities.  Ajar was caught with a lot of stolen merchandise as well as drugs and some firearms in his home. The prosecution and the defense attorney, Michael A. Goldstein of Sherman Oaks, agreed to a term of three years in exchange for Ajar’s plea.  Ajar was ordered transported forthwith to the California Department of Corrections and Rehabilitation to begin serving his time.  Under the law …

I just won another DMV hearing. The facts were as follows: Defendant was pulled over for doing 55 miles per hour down Ventura Boulevard around 11:00 p.m. Officers indicated they smelled alcohol on the suspects breath, her eyes were red and watery, her face was flushed and her speech was slurred. The got her out of the car and she failed to perform the field sobriety tests as instructed. She blew into a hand held breathalyzer with results of .08 and .09. She was arrested. At the station she blew a .07 and a .08. The court case was reduced …

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 …

A new United States Supreme Court case just came down.  It says that criminal defense lawyers have a duty to advise clients regarding a risk of deportation.  When I first read the case, it was not “news” to me.  Here in California many lawyers have been so advising clients for years.  In fact, in Los Angeles, and Ventura Counties where I practice the most, our Tahl waiver forms already include such warnings. For criminal lawyers, the bottom line is simple:  inquire of every single client what their citizenship status is.  Next, be sure to advise the client of any possible …

My client was charged with residential burglary and grand theft stemming from a classic bunco scam where she and two co-defendants convinced their victim they could “clone” his money.  The victim handed over 1.6 million dollars in cash.  The defendant’s took 1.3 million in cash and left the victim holding his withdrawal receipt in his hand. I was able to get probation for my client…that’s right, probation.  Now my question is:  Does crime pay?  The cash was never recovered. Call me, maybe I can help.  (818) 783-5700 or email me at vallenslaw@yahoo.com.