California Criminal Defense Lawyer Blog

California Laws Regarding Possession Of A Controlled Substance

Fri, 04 May 2012 11:04:41 -0800

California Health & Safety Code 11350 makes it a crime for anyone to be in possession of a controlled substance. Possession of a controlled substance has nothing to do with under the influence of a controlled substance or possession of a controlled substance for sales. Simply being in possession is enough to be convicted. As an Orange County Criminal Defense Attorney, practicing law in Orange County for 20 years, I have gained invaluable experience and information with regard to how cops and the District Attorney build their cases. This has given me an advantage when it comes to preparing a defense for my clients.

Possession of a controlled substance is what is known as a "wobbler", meaning that it may be filed as either a misdemeanor or a felony, depending upon the circumstances and prior criminal history. Penalties if convicted include fines and up to three years in State Prison. For this reason, an experienced criminal defense attorney, specializing in drug possession cases, should be consulted.

Some defenses that should be explored are: 1) Was there probable cause to stop and search you; 2) Who did the drugs belong to; and 3) Maybe you are an addict and need treatment rather than punishment. However, if it turns out that the evidence is such that a guilty plea/verdict is inevitable, my goal is always to find an alternative to jail or prison time. For example, serving time in a drug program would be my goal if the judge and prosecution are determined that time must be served.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Mission Viejo Man Pleads Guilty to Brandishing A Weapon

Wed, 25 Apr 2012 15:26:34 -0800

A 21 year old Mission Viejo man recently plead guilty to brandishing a weapon after threatening customers at a local sports bar. It was reported that this young man entered the bar carrying a 12 pack of beer and after being asked to leave by management, took out a 6 inch knife and verbally threatened customers. As an Orange County Criminal Defense Attorney, practicing in Orange County for 20 years, I have made it my priority to look beyond the actual "criminal act", and get to know my clients in order to present them to the Court in the most positive light.

The legal definition of "brandishing a weapon" has three parts to it: 1) that you drew or exhibited a deadly weapon in the presence of another person; 2) you did so in a rude, threatening manner or that you did so unlawfully in a fight or quarrel; 3) and that you were not acting in self-defense or in the defense of another person. The prosecution must prove these three elements for a conviction.

Fortunately, there are defenses to brandishing a weapon or firearm. They include: 1) Self-defense or defense of another; 2) the weapon was not displayed in a rude, angry threatening manner. This defense is important because, simply drawing or exhibiting a weapon is not enough to convict, it must be done in a rude, angry, threatening manner; and 3) False allegations.

Depending upon the circumstances of the situation and the criminal history, brandishing a weapon is a "wobbler", meaning it can be filed as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by a minimum three month to a maximum one-year jail sentence; A felony, punishable by 16 months, or two or three years in the California State Prison.

If you have been arrested and/or charged with brandishing a weapon or firearm, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

California Internet and Cyber Crimes

Mon, 02 Apr 2012 15:20:59 -0800

As computer technology continues to advance, we are seeing more technology and/or cyber related crimes than ever before. Identity theft, fraud, harassment, child pornography and threats of harm are on the rise. Orange County California, together with the FBI, has officially opened the first Orange County Regional Computer Forensics Laboratory in Orange. According to authorities, just about every crime these days involves analyzing technology of some kind.

State Attorney General Kamala Harris has announced the creation of the state's first eCrime Unit. The eCrime Unit will focus on going after criminals involved in identify theft, Internet fraud, computer and electronic theft, intellectual property crimes, such as counterfeiting and piracy, and child exploitation. California has the highest identity theft rate in the Country, with over 1 million reported crimes each year. The eCrime Unit will focus their efforts solely on cyber crime.

Cyber crime is extremely difficult to prosecute for several reasons. These types of crimes are typically committed with no witnesses, no DNA, and these individuals are becoming more sophisticated, making it difficult for them to be tracked. Until now, law enforcement lacked the technological knowledge needed to investigate. But with the creation of the eCrime Unit, along with the Orange County Regional Computer Forensic Lab, tracking down and arresting individuals suspected of internet and/or cyber crimes in Orange County, will be more efficient and much quicker than in the past.

No matter what type of cyber or internet crime a person faces, an experienced criminal defense attorney, specializing in cyber crimes, is necessary to ensure that a person's rights have not been violated, as well as having a better understanding of what is necessary for the prosecution to be successful.

Man Arrested in Santa Ana For Kidnapping and Terrorist Threats

Mon, 26 Mar 2012 10:15:46 -0800

A Long Beach man was arrested and is being charged with Kidnapping, Terrorist Threats, Domestic Assault and Brandishing a Weapon after forcing his girlfriend to drive him from Garden Grove to Santa Ana, while threatening to kill her with a knife. As a criminal defense lawyer, practicing law in Orange County California for 20 years, I have represented many individuals being charged with these types of serious charges. It has been my experience that the initial charges are many types over-charged and therefore my goal is always to have as many of the charges dropped as possible and the remaining charges either reduced to misdemeanors or dismissed altogether.

The crime of kidnapping is defined as the use of force or fear to take a person and move him or her a substantial distance. The penalty if convicted of kidnapping is up to 8 years in State Prison or more if the victim was injured or abused, if the victim was a child or if the kidnapping was done to facilitate another crime.

There are certain elements of the crime of kidnapping. They are: (1) The kidnapper took, held, or detained another person by means of force or by instilling reasonable fear; (2) Using that force or fear, the kidnapper moved the other person or made the other person move a substantial distance; and (3) The other person did not consent to the movement.

Kidnapping is considered a serious Felony and is a "Strike Crime" under California's "Three Strikes Law". However, there are defenses to kidnapping and a defendant is not guilty of kidnapping if he/she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant did not believe that the other person consented to the movement.

Consent is also a defense to kidnapping. If the other person consented to go with the defendant, the defendant is not guilty of kidnapping. Consent is defined as: (1) The person freely and voluntarily agreed to go with or be moved by the defendant; (2) The person was aware of the movement, and (3) The person had sufficient maturity and understanding to choose to g0 with the defendant. Again, the prosecution has the burden of proving, beyond a reasonable doubt, that consent was not given.

It is important to note that consent may be withdrawn. If at first the person consented to go with the defendant but later changed their mind, the defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime outlined above.

88 Pounds of Cocaine Found in Empty House in Lake Forest

Tue, 21 Feb 2012 12:24:56 -0800

Narcotics Investigators with the Inland Crackdown Allied Task Force found 88 pounds of cocaine after receiving information that narcotics were being distributed out of a house in Lake Forest, California. The investigators believe that the house was being used solely for the purpose of hiding and distributing narcotics throughout the Country. The estimated street value of the narcotics is $4 million. Two men have been arrested on suspicion of possession and distribution of narcotics. One is a Lake Forest resident, and the other from Aliso Viejo, California.

As an Orange County Criminal Defense Attorney, specializing in drug related offenses, taking a close look at the officers' conduct prior to the arrest of these two men is extremely important, as well as how the search warrant was obtained. These are very serious charges and therefore, any mistakes or illegal investigation conducted by the Narcotics Investigators must be considered.

Transporting drugs is the moving of drugs from one place to another. In order to be convicted of transportation of a controlled substance, it is only necessary for the prosecution to establish that the accused moved the drugs.

To be convicted of selling or transporting a controlled substance, it must be established that the accused engaged in one of the following acts:

1. Transporting a controlled substance;
2. Importing drugs, into California (meaning, bringing illegal drugs into this state).
3. Selling, exchanging narcotics for money, favors, services, goods or any other non-cash benefit.
4. Furnishing drugs or supplying by any means.
5. Administering the drugs directly to another person.
6. Giving illegal drugs away.
It must also be established that the accused knew of the presence of drugs and that the drug was illegal. There must be enough of the drug to be used as a controlled substance.

The penalty for a conviction of selling and transporting a controlled substance is either probation and up to one year in county jail, or three, four or five years in prison and a maximum $20,000.00 fine. However, if convicted of transporting a controlled substance for sale, and the drugs were moved across more than two county lines, the penalty is three, six or nine years in prison. There are aggravating factors that if relevant to your case, could result in the highest possible sentence or add time to the overall prison sentence. Prior convictions of felony drug charges may also add time to the overall sentence.

Fortunately, there are defenses to these charges that a skilled criminal defense attorney will be familiar with. An attorney experienced in drug sales and transportation charges will look closely at the possibility of an illegal search and seizure as well as police misconduct. Some other defenses include: entrapment, mistaken identity/innocence, lack of knowledge and lack of intent.

Anyone being charged with drug possession for sale, in Orange County, California, needs the representation of a skilled Orange County Criminal Defense Attorney, who will look closely at the prosecution’s case as it relates to the accused. In other words, a good criminal defense attorney will take the time to get to know their client and their client’s background, history, family, standing in the community, everything about that client in order to represent the person, not just the defendant., to the prosecution/judge.

There are alternatives to jail and prison for those being charged and convicted of drug related charges. Drug diversion, such as Proposition 36, Penal Code 1000 PC Drug Diversion and California Drug Court are examples of these alternatives. If convicted of a drug related offense, drug diversion is the outcome to pursue, as it is so much more beneficial than being incarcerated. The drug diversion programs can help overcome many drug related problems that have contributed to the initial acts that have lead to the conviction.

Man Sentenced To Four Years In Prison For Cyberstalking

Mon, 23 Jan 2012 15:50:26 -0800

A 24-year-old man was sentenced to 4 years in prison and 15 years probation after being found guilty of cyberstalking a fellow student at the University of Central Florida. As an Orange County Criminal Defense Attorney, it has been my experience that the Orange County Courts are extremely aggressive when it comes to this type of crime.

Cyberstalking is a relatively new crime, which is occurring more often due to the increased sophistication of electronic communication. Law enforcement agencies have actually developed special "task forces" to investigate and handle these matters as more incidents are being reported. In 1998, the California legislature amended it's stalking laws to include electronically communicated threats. Basically, cyberstalking is stalking by the use of an electronic communication device. California stalking laws prohibit harassing and/or threatening someone to the point that they fear for their safety or the safety of a family member. If the threat or harassment is communicated through email, text, phone, Internet, video, fax or any other electronic device, it is referred to as cyberstalking.

Regardless of how severe the circumstances, the Orange County District Attorney prosecutes stalking cases aggressively. Here are some examples of cyberstalking, some of which may come as a bit of a surprise to some people:

Unwanted/unsolicited threatening or harassing emails;

Unwanted and/or disturbing pages, instant messages, text or sext messages I ("sexts" or "sexting" refers to sending explicit photos or messages, cell phone to cell phone);

Posing as another person in a chat room and writing things on behalf of that individual that are intended to anger other chat room participants;

Posting embarrassing, or humiliating information about the alleged victim;

Posting personal information (including a phone number, address, workplace, etc) about another person, encouraging others to harass that person.

Logging into on-line accounts to empty a person's bank account or ruin that person's credit.

In order to be convicted of cyberstalking, the prosecution must prove the same elements as in the traditional California anti-stalking laws, only the credible threat must have been made electronically. The following are the elements that must be proven:

Maliciously or willfully harassed or threatened another person

Made a credible threat against that person;

Placing that person in reasonable fear for them self or their family;

The threat or harassment was communicated by the Internet or other electronic device.

If convicted of cyberstalking, the sentence can range a great deal. Cyberstalking is a "wobbler" meaning that the prosecution can file the case as either a misdemeanor or a felony, depending upon the facts of the incident and the criminal history of the accused.

If convicted of misdemeanor cyberstalking, the sentence may include: up to a year in a county jail and fines of up to $1,000.00.

A felony conviction for cyberstalking may include up to five years in the California State Prison, fines of up to $1,000.00 and possible lifetime registration as a sex offender under Penal Code 290.

There are defenses to this serious charge that an experienced criminal defense attorney will be familiar with and know the best way to present you and your defense to the prosecution. If only one element of the crime that the prosecution must prove is unfounded, the case must be dismissed. In other words, the prosecution must prove all of the elements in order to get a conviction.

300 Marijuana Plants Seized in Orange County, California

Fri, 13 Jan 2012 09:21:01 -0800

An investigation lead by the Newport Beach Police Department has resulted in the seizure of 300 marijuana plants and about $24,000.00 in cash, after searching several homes in Orange County, California. As an Orange County Criminal Defense Attorney, my first thought is, was the search legal? Did the officers obtain search warrants before entering the homes and if so, were the search warrants obtained legally, following the criteria needed to obtain a search warrant.

According to authorities, in this particular situation, the initial investigation lead officers to indoor marijuana growing in Laguna Niguel and Huntington Beach. The information they obtained further lead them to search a home in Lake Forest. The search of the home in Lake Forest resulted in officers obtaining additional information on a commercial building in Huntington Beach where more marijuana growing plants were found.

One man was pulled over and arrested and reportedly in possession of 24 pounds of marijuana when he was stopped. He has been booked on suspicion of transportation and sale of marijuana. Another man was taken into custody at his Laguna Niguel home after detectives found a marijuana grow in his home, and 300 marijuana plants. A woman was taken into custody after searching her Lake Forest home and booked on suspicion of transportation and sale of marijuana. Another man and woman were arrested on suspicion of possession of marijuana for sale after a commercial building in Huntington Beach was searched and officers found more marijuana growing as well as nine pounds of marijuana. The marijuana seized in all, reportedly has a street value of about $200,000.00.

It will be important when hiring attorneys that these people find an experienced criminal defense attorney who has significant experience in possession and sales cases and more importantly, that he or she has an understanding of the laws as they relate to illegal search and seizure. The officers involved in this investigation were required to follow the very specific laws as they relate to the proper procedures to obtain search warrants and therefore, this must be looked at very carefully, paying close attention to each detail that lead to each home and/or individual search.

Marijuana possession for sale is a felony. The amount that is sold, nor whether or not the sale was witnessed, does not matter. The amount of marijuana, the manner in which it is packaged, large amounts of cash, if there is the presence of a scale and or baggies used for packaging the marijuana are found with the marijuana, then the prosecution may charge felony possession for sale.

For prosecutors to prove their case, they must prove that: 1) The defendant possessed a controlled substance; 2) The defendant knew of its presence; 3) The defendant knew of the substance's nature or character as a controlled substance; 4) When the defendant possessed the controlled substance, he/she intended to sell it; 5) The controlled substance was marijuana; and 6) The controlled substance was in a usable amount.

To be found guilty of transportation of marijuana, the prosecution must prove that: 1) The defendant transported a controlled substance; 2) The defendant knew of it presence; 3) The defendant knew of the substance's nature or character as a controlled substance; 4) The controlled substance was marijuana and 5) The marijuana possessed by the defendant weighed more than 28.5 grams.

If you or a loved one has been arrested for possession for sale of marijuana, contacting an experienced criminal defense attorney in the county in which you are being charged can make the difference in felony possession and misdemeanor possession. An experienced drug defense attorney knows that police routinely use unreliable informants, defective search warrants, invasive tactics and other illegal methods to bust users, growers and dealers of marijuana. An aggressive attorney who looks closely at the arresting officers' conduct, could make the difference in the case being dismissed.

Garden Grove Woman Charged With Felony Hit & Run

Fri, 06 Jan 2012 15:28:02 -0800

A 30 year old woman has pleaded not guilty to charges that she hit a pedestrian and left the scene of an accident in Garden Grove on December 28, 2011. It was reported that the woman hit a 54 year old man and as she fled the scene, another car hit the man and drug him several feet. The second car stopped and spoke to investigators at the scene. The man was listed in serious condition. The 30 year old woman turned herself in a day later.

In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another's property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured.

In order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another's property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another's property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to hit and run include: 1) that you lacked knowledge either about your involvement in the accident or about the injuries; and/or 2) that it wasn't you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Being charged with a felony hit and run can be extremely overwhelming to face without the help of an attorney who has experience with hit and run cases. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

Orange County Bans Sex Offenders From City Parks

Wed, 04 Jan 2012 14:35:46 -0800

Mission Viejo is the newest City in Orange County to ban sex offenders from city parks, open space areas and community recreation centers, as well as soccer fields. Still at issue are the liability, enforceability and constitutionality of the ban.

The ban would make it a misdemeanor for sex offenders to be in certain areas of the city without written permission from the Orange County Sheriff's Department, which handles services for Mission Viejo. A violation could mean up to six months in jail and/or a fine up to $500.00.

The City of Fullerton has previously passed a law making violators of Jessica's Law, subject to a fine of to $1,000.00 and six months in jail. In addition to Mission Viejo, the ban has been approved in Irvine, La Habra, Lake Forest, Laguna Hills, Los Alamitos, Huntington Beach, Westminster and Yorba Linda. Irvine has narrowed their law to sex offenders who have targeted minors.

In California, anyone who has been convicted of a sex crime is required to register as a sex offender for as long as they live in California, attend school in California or are working in California.

Anyone who has been accused of a sex crime should seek the immediate advice and assistance of an experienced criminal defense attorney whose practice is strictly limited to criminal defense and focuses on sex crimes. An experienced attorney in this field will know the most effective defenses and be better able to present the types of arguments that can influence the prosecutors to limit the charges to those that do not subject a person to sex offender registration.

Orange County Laws Regarding Possession Of A Controlled Substance

Fri, 30 Dec 2011 18:23:44 -0800

Possession of a controlled substance with intent to sell is a felony. If convicted, punishments range from probation, 1 year in County Jail or 2, 3 or 4 years in a California State Prison. Possession for sale of marijuana is a felony and is punishable by up to 4 years in State Prison.

To prove intent to sale, the prosecution does not need to prove that you sold anything, only that you intended to. This proof can be made based on the amount of drugs found, other items found such as baggies or scales, conversations with undercover officers or informants and high volume of traffic to and from you residence.

Fortunately, there are defenses to all of these crimes. Some include: 1) Illegal search and/or seizure; 2) No intent to sell; 3) Lack of possession; and 4) Lack of knowledge. These are serious felony charges and therefore an experienced Orange County Criminal Defense Attorney is imperative to helping achieve the best possible outcome.

Every county and every courthouse has it's own way of doing things. It is important to have an attorney who is familiar with how things work in the Orange County Courts and/or courtroom. It is likewise as important that the attorney have a good relationship with the Judges, prosecutors, probation officers and the court staff.

Huntington Beach Teen Arrested For Murder

Tue, 27 Dec 2011 18:04:36 -0800

A 16 year old boy was arrested on suspicion of murder after a 19 year old man was found stabbed and later died at the hospital. The altercation happened at a Huntington Beach park. This young man is facing serious charges, and at his young age, can affect him for the rest of his life. As devastating as something like this is to a parent, one of the most important questions a parent can ask themselves is: How do I protect my child? Teens are still not mature enough to stop, think and really consider how serious their actions are and what the consequences might be. Especially if they have never been in trouble with the law and have never had legal consequences. For this reason, it is extremely important that these minors be represented by experienced criminal defense attorneys, who have experience in not only defending these charges, but who are also experienced juvenile defense attorneys in Orange County, California.
Once a juvenile is arrested for a crime, there are a few different ways law enforcement may proceed. Informal contact with parents, public or private diversion, citation and referral to probation, or arrest. Once the case is submitted to probation, probation has limited discretion whether or not to submit the case to the district attorney or proceed informally. If the case is submitted to the district attorney, they then decide whether to file or dismiss the case. An Orange County Criminal Defense Attorney, specializing in juvenile criminal matters, will be able to advise and guide parents and their child through these procedures.

The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

It is extremely important that an experienced Orange County Juvenile Defense Attorney be retained to represent this young man and further that, the attorney be familiar with the Orange County Juvenile Court. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child's record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.

Laguna Hills Man Arrested for Molestation

Fri, 23 Dec 2011 16:58:10 -0800

A Laguna Hills man was recently arrested and is in custody on suspicion of lewd and lascivious acts against three children. An allegation of child molestation is probably the most serious of allegations in terms of the effect is has on a person’s future. An experienced Orange County child molestation defense attorney understands the seriousness of the allegations and also understands how actions or information can be misinterpreted. The Irvine Law Office of William Weinberg understands how social workers, hospital staff and school administrators sometimes act before thoroughly investigate and understanding the circumstances surrounding the information they have been given.

In this case, A 37 year old man, who is a bus driver in South Orange County, is being accused of having two children under the age of 14 and a 3 year old, in his apartment and committing lewd acts against them. Lewd acts with a child is described as the touching of a child on his/her body for sexual purposes. These cases often involve accusations that a child was touched or fondled, or that some other act of child molestation took place. A charge of molestation or lewd acts with a minor involves the touching the child anywhere on the body, even on the outside of clothing, if the touching is done “with the intent of arousing or gratifying the lust or sexual desires of the person or the child.”

To be convicted of this charge, it must be proven that the person willfully touched any part of a child’s body or caused the child to touch his/her own body, and that it was done so with the intent to arouse or gratify the lust, passion or sexual desires of the person or the child.
The potential prison sentence if convicted of Penal Code 288 PC/Lewd Acts with a Child, is three, six or eight years in state prison. Further, anyone convicted of this crime is required to, for the rest of their life, register as a sex offender, while living in California, working in California or attending school in California.

Unfortunately, false accusations of child sexual abuse occur more than people realize. If a child makes an allegation of some sort of Lewd and lascivious act, the police and prosecutors typically tend to begin building a case against the accused rather than looking closely at the situation, the child, and what may be going on in the life of both that may have lead to the accusation.

There are situations where children make false accusations. This is done for a number of reasons. One reason might be that there is a new stepparent in the picture and child is unhappy about it. Also, if there is a divorce or custody case pending, one parent may coerce the child into making false accusations or, convince the child that something inappropriate happened.

If you have been falsely accused of a sex crime against a child, or if you think you might be, it is critical that you contact a California Criminal Defense Attorney to protect you and your reputation.

Juvenile Criminal Defense in Orange County, CA

Mon, 12 Dec 2011 11:26:29 -0800

When a juvenile is charged with a juvenile offense, employing the help of an attorney who has experience specifically in juvenile court will ensure the best outcome for that child. Juvenile court is very different from adult Court. The procedures are different, the language is different and many of the laws are different. Criminal defense attorneys who take the occasional juvenile matter are not going to be as effective in getting the best result for the minor as an attorney who is familiar with the inner workings of the juvenile court system. Further, an attorney experienced in the juvenile courts will have developed relationships with the Judges, district attorneys, court clerks and personnel which gives the attorney an advantage over an attorney who practices primarily adult criminal defense law.

When representing a juvenile, the objective of a good juvenile defense attorney should be: 1) keeping the minor out of custody. The minor should be with their family, in school, and in community where they belong. 2) Keep the offense off the record. When a minor makes a mistake which results in an arrest and/or criminal charges, the objective should be to do whatever possible to get the charges dismissed so that the mistake doesn't follow them into adulthood; and 3) Help the minor get back on track. Find out what was or is going on in the minor's life that caused them to get into trouble in the first place. Whether it be drugs, alcohol or hanging around with the wrong crowd, knowing what the triggers are will help determine the best plan for the minor, thereby helping them stay out of trouble in the future, and back on track.

There are many options that do not involve confinement and that allow the juvenile the chance to accept responsibility for what they have done and at the same time preserving their record.

Felony Conviction Reversed on Appeal

Tue, 29 Nov 2011 12:51:44 -0800

A federal grand jury charged Appellant Angel Camacho with one count of unlawful possession of a firearm and ammunition by prior felon and one count of possession of a firearm with an obliterated serial number. Appellant filed a motion to suppress the firearm and ammunition evidence on the grounds that they were obtained through an illegal search and seizure, in violation of the Fourth Amendment. The trial judge denied the motion. Camacho then entered conditional guilty pleas on both counts, reserving his right to challenge the trial judge's suppression ruling on appeal. The district court sentenced him to the mandatory minimum sentence of 15 years in prison one Court one, to be served concurrently with 5 years in prison on Court Two, followed by 5 years of formal probation. As an Orange County Criminal Defense Attorney, protecting my clients' constitutional rights is my number one priority.

In this case, in question is whether or not appellant's Fourth Amendment Rights were violated when he was questioned and subsequently searched and arrested. The facts of this case are, that a series of 911 calls reported a fight going on between gangs, identifying most of them as members of the Latin Kings, a well-known national street gang. Police Gang Units arrived on the scene as people scattered. One officer in particular recognized several of them as members of the Latin Kings. Another officer noticed two men he did not recognize walking down the street and directed two officers to intercept and question them. The officers that were directed to go were familiar with the gangs and the gang members in the area and did not recognize either of the men walking down the street. They pulled their car up in a driveway, blocking their path, got out of the car and ordered one of the men to put his hands on the roof of the car and the other officer began questioning Camacho. Camacho indicated that he had seen the fight but was not involved. Camacho had his hands in his pockets. The officer ordered him to take his hands out of his pockets. When he did, the officer patted his waist and felt a gun and yelled "gun". At this point, Camacho pushed the officer and they struggled until Camacho was subdued and placed under arrest. He was then searched which resulted in the officer finding a gun and ammunition.

Appellant, Camacho's position is that, the initial stop was a violation of his Fourth Amendment in that the police officers lacked the reasonable suspicion necessary for the stop and seizure. The judge agreed with Camacho's position on this and agreed that this was not enough to raise a reasonable suspicion. However, the judge concluded that suppression of the gun was "neither called for nor appropriate." The trial judge found that the gun was seized after Camacho shoved the officer and the officer succeeded in wrestling him to the ground and placing him under arrest. Therefore, the search and seizure of the gun was justified.

The Appellate Court agreed with Camacho and cited Terry v. Ohio, wherein it states that a police officer may briefly detain an individual for questioning if the officer "reasonably suspects that the person apprehended is committing or has committed a crime. The reasonable suspicion standard is an intermediate, indeterminate standard that requires more than a mere hunch. It demands a "particularized and objective basis" for suspecting the person stopped of criminal activity. The suspicion must be both reasonable and "grounded in specific and articulate facts." The Appellate Court's opinion was that the police officers lacked an objectively reasonable particularized basis for suspecting Camacho of criminal activity and that the initial questioning of Camacho was instead an unreasonable seizure in violation of the Fourth Amendment. And further, that the officers' conduct "amounted to a flagrant violation of the core of Camacho's Fourth Amendment right against unreasonable seizures."

The Appellate Court further concluded that regardless of whether or not the frisk and discovery of the gun was legal, the gun was so tainted by the illegal stop that it should have been suppressed as "fruit of the poisonous tree." The discovery of the gun was a direct result of the officer's' original unlawful seizure of Camacho. The Appellate Court concluded that the district court erred in denying Camacho's motion to suppress the firearm and ammunition and the Judgment of the District Court was reversed.

The Appellate Court's decision was later reversed on Appeal by the United States. Citing case law, The United States Circuit Court held that in this case, the suspicion may be modest; but the intrusion is similarly modest and the need for prompt inquiry is compelling. They further found that in questioning Camacho, the police acted reasonably and that "reasonableness, as it happens, is the standard set by the Fourth Amendment itself. "

Anyone who has been arrested and/or charged with a crime as a result of a stop and search should contact an experienced criminal defense attorney. An attorney who has the experience and knowledge to protect your rights as it applies to the US Constitutionhttp://www.williamweinberg.com/ will know whether or not there your rights were violated and thereby leading to the possibility of having evidence suppressed and/or the case being dismissed.

Possession of Cocaine Guilty Verdict Reversed By Supreme Court

Wed, 16 Nov 2011 15:43:48 -0800

A recent Supreme Court decision resulted in a guilty verdict being reversed citing that the defendant's Fourth Amendment rights had been violated. As an Orange County Criminal Defense Attorney, protecting the rights under the United States Constitution, is paramount in the defense of my clients. This case is a good example of a violation of a person's Fourth Amendment right. In Boykins v. State, 307 GA. App. 404 (705 Se2d 186) (2010), A State Court convicted the defendant of possession of cocaine and sentenced him to four years in prison. Defendant appealed his conviction as well as the denial of his motion to suppress the evidence seized from his vehicle. The Appellate Court affirmed the State Court's decision and the Supreme Court granted "certiorari" to determine whether or not the Court of Appeals erred in applying the case law in Arizona vs. Gant , 556 U.S. 332 (129 SC 1710, 173 LE2d 485) (2009), to the facts of this case.

In this case, Boykins v. The State, defendant was observed by a police officer pulling up in his vehicle to a woman who was walking in a high crime area. The police officer stated that when he turned his patrol car around, defendant quickly drove away. The officer followed defendant to an apartment complex and pulled up behind him. He asked defendant for identification. He stated that his identification was in his apartment but gave his name and date of birth. It was discovered that defendant had an outstanding probation arrest warrant and was taken out of the vehicle, handcuffed and placed in the custody of the second officer on the scene. The officer then searched defendant's vehicle finding cocaine in the center console.

Prior to trial, defendant filed a motion to suppress the drug evidence on the ground that the search was not proper, citing case law from Arizona v. Gant. In Gant, the Court held that "police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest." The State Court denied the motion and thus defendant was convicted. The Court of Appeals upheld the State Court's decision determining that the search of the vehicle was permissible because the appellant was standing outside of the vehicle at the time of the search and unlike the defendant in Gant, had not been placed in the back of the patrol car.

The Supreme Court's view of this was that, a fair reading of Gant cannot reasonably lead to the conclusion that the only manner in which to remove an arrestee from reaching distance of the interior of a vehicle is to place the arrestee in the back of a patrol car. Further, the State was unable to justify the search on the second ground in Gant, that being "when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle." Gant, supra, 129 SC at 1719.

There are other exceptions to the warrant requirement however, in this case, the State failed to meet its burden of proving the search incident to arrest exception to the warrant requirement and thus the exception did not apply. The Judgment was reversed.

Possession of a controlled substance is a felony. The penalties if convicted are:

1. Probation and up to one year in county jail, or
2. A California State prison sentence of 16 months, or two or three years.

If you have been arrested for possession of a controlled substance in Orange County, California, it is extremely important to hire an aggressive Orange County drug defense attorney who is familiar with all of the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.