Los Angeles Criminal Defense Lawyer Blog

Los Angeles Manslaughter Charges Brought in Firefighter's Death

Mon, 20 Feb 2012 13:31:38 -0800

In a strange case, Los Angeles manslaughter charges have been filed against a homeowner after the ceiling collapsed during a fire, killing a Los Angeles firefighter, the Los Angeles Times is reporting.

The case is bizarre because we all recognize that firefighters have a dangerous job. They must respond to houses where dangerous people be lingering in order to administer medical aid. They are asked to help victims of car accidents on busy highways and freeways, where errant drivers can pose a threat. And, most commonly, they are asked to enter burning buildings to help people and save property.

Yet, in this case, the man who designed and built the house is now being charged with involuntary manslaughter because the ceiling fell in, killing a responding firefighter and injuring five others.

Our Los Angeles criminal defense attorneys understand there is pressure from families and often the public for criminal charges to be filed. But in a situation like this, maybe an accident is simply an accident.

The state must ask whether this sets a bad precedent for other cases in the future if a firefighter dies in the line of duty. Will all builders be liable for unplanned fires that cause structural damage?

In California, involuntary manslaughter is punishable by two, three or four years in prison, according to California Penal Code 193. Some may think of that as a cakewalk for a case where a person died, but you have to think that this is also going to subject a person to hardened criminals and life without freedom.

In this case, firefighters responded to a house fire last January. They fought the blaze as it crept along the attic. Investigators believe it started in the fireplace and spread up the walls and eventually into the ceiling.

Fire investigators found that the house did have a sprinkler system, but that the piping was made of plastic and it melted from exposure to the flames. As the water dumped out, it filled the insulation, which made it heavy.

So, as firefighters were battling the flames, the pressure from the soaked insulation began causing problems with the structure of the house, causing the ceiling to cave in, killing the firefighter.

The Times piece also states that the architect included in his house an 18-foot "fire trough," described as an oversized indoor fire pit, inside the house. Authorities say he was warned about the potential dangers.

So now there may be two tragedies. A brave firefighter doing his job was killed protecting society. At the same time, a homeowner -- who happened to design his own home -- is now facing a major felony charge that could ruin his life as he knows it. Where's the justice in that?

In every case -- manslaughter or not -- criminal defendants require strong legal representation. This is to ensure the case is proven beyond all reasonable doubt, if that's even possible.

Murphy v. State Shows Importance of Los Angeles Murder Appeals

Thu, 16 Feb 2012 11:30:33 -0800

A recent court case in Georgia shows that Los Angeles criminal appeals, especially in murder cases, are extremely important.

What happened is this: A defendant was put on trial for murder in the death of a 15-month-old girl. Subsequently, a judge was found by an appeals court to have made inappropriate comments during the course of the trial. This led to a new trial.

Los Angeles criminal appeals lawyers know that a defense attorney is looking out for as many things as possible during trial. They are watching their wording, trying to ensure they ask all the right questions and making objections to important issues. All of these decisions must be made quickly, on the spot.

Sometimes, inappropriate comments made by witnesses, other attorneys or even judges can slip by. While criminal appeals attorneys have the pressure of knowing they may be the last line of defense for someone who has been convicted, the appeals attorneys also have the benefit of poring over the transcripts of every hearing and proceeding to find holes in the state's case.

In the case of Murphy v. State, the defendant was charged with several counts related to the death of a 15-month-old baby. Court documents indicate the man was babysitting the girl, who was the daughter of his girlfriend, on the night in question.

Around midnight, a few hours after his girlfriend returned home from work, the girl was unresponsive. He performed CPR while the girlfriend called emergency responders, who were unable to bring the girl back to life. She was pronounced dead. The cause of death was later determined to be toxic shock, after several internal organs ruptured due to blunt force trauma.

At trial, the man faced charges of malice murder, felony murder and cruelty to children. He was convicted and sentenced to life in prison.

On appeal, the Georgia Supreme Court considered whether comments made by the judge in the case had affected the outcome.

In one scenario, when a police detective was on the stand, the judge called him a "good detective," and responded to an objection by defense counsel by stating that the detective had a good recollection and excellent written reports on the case and "hopefully, between the two of those and his good efforts we're going to find the truth of the matter."

These inappropriate comments were made in front of the jury, who could easily have been influenced by these words. Jurors should judge the credibility of a witness based on the witnesses' words, their demeanor and relationship to the case. A judge, who holds a lot of pull with jurors, shouldn't say things that would make jurors think more highly of one witness than another.

An experienced criminal appeals lawyer spotted this problem, saw the trend and was able to use it to help the defendant get justice. In this case, the defendant was able to get a new trial, though it took 12 years for the court to come to this conclusion. While this process takes time, it's a better alternative than appeals being rushed and something being missed.

Los Angeles DUI Charge Something That Anyone Can Face

Mon, 13 Feb 2012 10:31:56 -0800

The Los Angeles Times recently reported that a sheriff's official was arrested after highway patrol officers allegedly found her slumped over the wheel of her county car.

The news came as Los Angeles Police Department officers put considerable resources into looking for drunk drivers around the Super Bowl. These two stories not only show that law enforcement is continuing to put more and more money and time into DUI efforts, but it also shows that anyone can be charged with this crime, without premeditation.

Los Angeles DUI defense lawyers have seen many people charged with DUI, and understand how a conviction can ruin their lives. It can cause marital and career problems and that's on top of the criminal penalties. DUI in Los Angeles is considered a misdemeanor, but the consequences can be costly.

According to the Times, police received several 911 calls one recent evening after drivers reported a vehicle was stopped in the middle of a freeway in Pasadena. When CHP officers got to the scene, they found a woman, identified as the sheriff's office's civilian director, driving the vehicle.

They reported her car was in drive, but her head was resting on the wheel and her foot was on the brake. Police believe she was intoxicated. Her blood alcohol level reportedly measured .20, which is more than two times the state's legal limit.

The woman is in charge of a community partnership program and has a previous arrest for DUI from 2009. She had been allowed to keep her job after that conviction, though she was placed on probation. Officials with the sheriff's office said she was placed on leave after this most recent arrest.

According to NBC News, Los Angeles police had posted extra patrols during Super Bowl weekend, trying to boost DUI arrests. Officers were set up at Hubbard Street and Foothill Boulevard checking drivers.

Other local agencies also chipped in to conduct investigations throughout Southern California. Officers said they were there to try to make sure Super Bowl party patrons weren't leaving drunk. While officers set up checkpoints, they also used an increase in patrols to try to spot drunken drivers.

These efforts go to show that DUI is a charge that law enforcement still takes very seriously. While it is most often considered a minor charge by the courts, police continually spend countless hours and taxpayer dollars trying to make as many arrests as possible.

Even though law enforcement will admit DUI checkpoints and other measures are largely geared toward being public relations campaigns than anything else, they are costly and time-consuming for these departments. Despite those factors, they continue to do them.

Even a first-time DUI offense in Los Angeles can lead to time in jail, fines, a driver's license suspension, education classes and even an ignition interlock device being placed on the vehicle.

These are major penalties that an everyday person can end up being forced to deal with. And even though this is a crime any person can face -- without premeditation or ill will -- the penalties don't change based on the defendant. Anyone can be stuck dealing with this if they have one drink too many.

A defendant should hire an experienced Los Angeles DUI defense attorney who will explore all defenses, look at all of the state's evidence and help ensure the defendant gets a fair trial.

Police Must Have Warrant to Use GPS Tracking in Los Angeles, Court Rules

Fri, 10 Feb 2012 13:32:41 -0800

The U.S. Supreme Court recently ruled unanimously that police must have a warrant signed by a judge to use GPS technology in tracking suspects, the Associated Press reports.

Police are always trying to get an advantage, which is why in Washington D.C., they decided it was fine to put a global positioning service device on a suspect's car and track him for a month without getting any kind of clearance by a judge. Los Angeles criminal defense lawyers sometimes see tactics like this employed by police and come away shaking their heads.

Even though law enforcement know that crime suspects, including those facing Los Angeles drug charges, must have a fair trial, they are often more concerned with making the arrest. Instead of taking into consideration how their actions could be violating a person's rights.

Sometimes this overzealous approach to investigating crimes can lead to penalties against the department or a civil lawsuit. In other cases, the charges could be dropped or reduced, which could be punishment enough for officers who work long hours on a case only to see it blow up in their faces.

In this case, a man went from being sentenced to life in prison to seeing the charges dropped because of the major court ruling. The U.S. Supreme Court took up the case of Antoine Jones, who was being investigated for a Washington D.C. drug crime.

Officers suspected that he may be involved, so they put a GPS device on his vehicle to monitor where he was driving to and from. After four weeks of leaving the device on his car without his knowledge, they linked him to a known drug house, where drugs and cash were later found.

The man was arrested and later convicted of related drug charges. He was convicted and sentenced to life in prison. But after the case went through the appeals process, the nation's high court ruled that his charges should be overturned.

The justices agreed that for police to use GPS monitoring, they must treat it like a search, which requires a warrant. An officer who wants to obtain the data must go to a judge and get him to sign off on the warrant.

The information contained in the affidavit for the warrant must be accurate and it can't simply be a wild goose chase. Detectives must have enough information and facts that convince a judge the warrant is necessary to prove the suspects committed the crime.

And now this applies to GPS as well. Officers can't simply attach a GPS device to every vehicle, without any real proof that the driver is involved in a crime and that the information could help police figure out who is responsible.

Justices unanimously agreed in the ruling, though they did so for different reasons. Justice Antonin Scalia wrote that the warrantless use of GPS constitutes a violation of Foruth Amendment rights. Justice Samuel Alito wrote that the expectation of privacy was his reason for agreeing.

Sheriff's Office Doesn't Expect Additional Arrests in School Sex Case

Mon, 06 Feb 2012 13:45:14 -0800

Los Angeles County sheriff's officials told the public recently they don't expect further arrests in the situation at Miramonte Elementary School, where two teachers so far have been arrested on various abuse charges, the Los Angeles Times reports.

Among the allegations at the school are that teachers were engaging in sex abuse in Los Angeles at the school. The first teacher was arrested after controversial photographs were found and detectives began investigating the school and other staff members.

This case is one that Los Angeles criminal defense lawyers are following not only because of the news media appeal but also the allegations that have been made against the defendants.

The first teacher was arrested after images surfaced that allegedly showed students with their mouths taped over, blindfolded and some being fed from a spoon. In some of the photos, the children are allegedly seen eating cockroaches. Other allegations include that the teacher fed students bodily fluid on a spoon as part of a "tasting game."

Initially, 40 photos were found at a CVS pharmacy photo lab. Authorities have said they recently recovered 200 new photos taken by another teacher, the second to be arrested. Including the teacher's home, authorities now say they have more than 400 photos.

The first teacher now faces 23 counts -- all felony charges -- and is being held on $23 million bail. A second teacher was arrested and charged with three counts of lewd acts upon a child. New students began making allegations after news of the first teacher's arrest spread.

During the last 20 years, the newspaper has reported other alleged victims who have complained about the teacher, including a former student who said in 1994 that he grabbed her genitals inappropriately. Four years ago, a parent complained after he saw a photo of his daughter eating a cookie that appeared to contain the man's bodily fluid.

The issue here is what the state will be able to prove. While the photos may show a substance people are assuming is semen, assumption and proof are far apart. If officials aren't able to produce any proof that the man fed such a substance to these students, the allegations appear to be baseless.

Perhaps taping a child's mouth or feeding them strange things isn't wise and maybe violates school policies, but it's unclear whether it's actually criminal. Prosecutors have a big media case on their hands, but they better have the proof to back up the allegations.

While the two teachers have been arrested, sheriff's officials said they have interviewed other staff members based on other allegations and don't believe there will be further arrests. Another alleged victim had complained about a third teacher, yet investigators are saying there is no proof to those allegations. Given the media attention so far, this will be an interesting case to continue following as it progresses.

Domestic Violence, Stalking Issues in Los Angeles Can Be Rectified With a Restraining Order

Thu, 26 Jan 2012 08:51:53 -0800

Celebrities have long been stalked by the paparazzi, had overanxious fans who want to meet them and inch closer to their houses. These high-profile people have long used restraining orders in Los Angeles to their advantage.

But these pieces of paper don't just help when a person feels they are being followed. Victims of domestic violence in Los Angeles can also make use of this process for protection.

In either situation, an experienced Los Angeles criminal defense lawyer should be consulted to help. While courts often encourage victims to go to court to get restraining orders, they require talking with a judge or hearing officer and convincing them to grant the order.

A temporary order is fairly easy to obtain, but making it permanent can be vastly more difficult. The temporary order only requires the victim to go to court and explain their side of the story before the judge grants an order. But once that is granted, the defendant gets a copy and is allowed to argue against a permanent order during a hearing.

This is when an attorney is really needed. Because restraining orders can be so disruptive -- one spouse may be forced to live outside of the home or not see their children -- and the defendant may have a lawyer in-tow. If the victim has no representation, it may be an uphill battle to obtain a permanent order.

As the New York Daily News is reporting, Halle Berry recently was denied a stay-away order to protect her daughter from her father after he allegedly pushed their nanny while she was carrying the girl. Berry's efforts to get the emergency order were denied, the man's lawyer said.

A follow-up hearing was scheduled, but in the meantime, the man will have access to the 3-year-old girl, the newspaper reports. The man is being investigated for criminal battery after the nanny filed a police report.

In a separate case, a Long Beach police officer was charged with domestic violence, the Los Angeles Times is reporting. The officer faces 21 counts in connection with five incidents of violence. Ten of the charges are for corporal injury to a spouse, nine are assault with a deadly weapon, making a criminal threat and resisting arrest.

The newspaper reports that the five incidents happened in October, November, December and twice in January. The 29-year-old has pleaded not guilty to the charges.

In either situation, a restraining order could be beneficial. For the domestic violence victim, having an order in place that tells the aggressor they can't be around is powerful because any violation can lead to them being arrested and put in jail. For a person who believes they are being stalked or harassed, the protection is the same.

And while it is only a piece of paper, it carries great weight because once filed with local law enforcement authorities, it carries great power. The threat of legal problems will likely scare off many people who would otherwise continue their illegal actions. For the rest, they will find themselves behind bars.

Los Angeles Police Still Have No Arrests In Severed Head Murder Case

Mon, 23 Jan 2012 10:26:09 -0800

In what has been an ongoing situation that has perplexed Los Angeles police detectives, an arrest has yet to be made in the case of the body parts discovered near the Hollywood sign, the Los Angeles Times reports.

Los Angeles criminal defense lawyers look at cases like this and see a myriad of problems. It's certainly possible that detectives will get tips that lead them to a Los Angeles murder suspect, but given the circumstances of the case, it may be tough.

According to the newspaper, people walking their dogs found a severed head in the park near the park near the Hollywood sign. When police arrived and used specially trained police cadaver dogs, they found two hands and two feet nearby.

The residents found the head after their dogs started playing with a plastic bag. That's when they made the gruesome discovery. Police in recent days have executed search warrants in connection with the case, but it's unclear if they have any suspects.

The newspaper reports that authorities are working under the assumption that the victim was killed within one or two days of when the head was discovered. The first step will be for detectives to try to identify the person through fingerprints on the hands.

Previous news articles have suggested police believe animals could have gotten to the other body parts, which would make finding them or coming up with useful evidence from them difficult. This is yet another roadblock for the investigation.

The evidence in this case may be so poorly preserved that finding the true killer could be next to impossible. Police may get lucky, but by now, it's been several days since the head was discovered. As time goes by, the likelihood that if police do come up with a suspect they can connect to the crimes is getting weaker. Proving where the killing happened, what weapon was used, where the weapon is now, whether there is any DNA that hasn't been compromised and other facts is going to be tough.

The newspaper recently reported that police were able to identify the victim as a 66-year-old man who went missing eight days before his head was found. The man's partner reported him missing January 9 after the man failed to return home.

Friends and family said the man left their apartment Dec. 26 but continued to stay in touch until January 4. The man's boyfriend said that he became concerned after not hearing from him, so he reported him missing January 9. The man is a former airline employee who often walked his dog in the hills.

It appears from the Times article that police are honing in on people the man knew. One neighbor said that three weeks ago there was commotion in the apartment, with yelling and screaming and furniture being moved. Detectives asked the neighbor when the garbage was taken out.

But if a suspect is fingered, it's likely that an experienced Los Angeles criminal defense lawyer will attack all of these points and more. When murder is the charge, everything changes. If the person faces the death penalty, even more preparation must be put into the case in order to ensure justice is done.

Mother Faces Los Angeles Marijuana Charge After Arrest at Juvenile Camp

Thu, 19 Jan 2012 10:04:29 -0800

It's unlikely that the 44-year-old woman who was charged with having marijuana on her when she visited her son at a juvenile camp will walk away with Mother of the Year honors.

But, she could walk away with a conviction of a Los Angeles marijuana charge that could be a frustration for life.

Our Los Angeles criminal defense lawyers recognize that much has been made in the past year of the medical marijuana industry in California. Court rulings have led cities and counties to ban small businesses trying to operate under state law.

This has led to patients who legally can grow and use marijuana for medicinal purposes to try to find a way to dull the pain of illnesses that often are life-threatening. Sometimes, patients are arrested and charged with crimes for trying to use a drug the state says they can legally use. Other times, medical marijuana dispensary owners or cultivators are brought up on drug charges over a misunderstanding.

The conflict is unlikely to slow down any time soon, as court rulings are being anticipated and pressure from federal prosecutors continues to linger. Because federal drug laws vary from California's medical marijuana law, there will always be conflicts and problems.

In this case, it's unclear if the woman legally is allowed to use marijuana or if the drug she was found to possess was illegally purchased and possessed. According to the Los Angeles Times, the woman, from Pomona, went to Camp Glenn Rockey, which is a juvenile probation camp to visit her son.

The newspaper reports that visitors are searched for weapons, drugs or other illegal items before they are allowed to enter the facility. During a routine check, officials reportedly found "bundles" of marijuana, as well as a counterfeit medical marijuana card. They also discovered she had an outstanding warrant.

Officials said they have stepped up their searches in recent months after finding more and more drugs, particularly marijuana, in dorm rooms of the teens on campus. The woman now faces charges of suspicion of bringing narcotics into a jail facility as well as charges for the outstanding warrant.

Many California residents have medical marijuana authorization cards and proving which are real and which are fake may be difficult. People get stopped all the time by law enforcement for traffic violations and end up arrested on drug charges because they may not be carrying the correct forms that police want to see to prove the driver can legally possess marijuana.

Part of this is political, as police don't like the fact that residents can legally use the drug. And part of it, at times, is a matter of law enforcement trying to make other people's lives more difficult simply because they have the power to do so. Marijuana charges can be misdemeanors or felonies and range in punishment from days in jail to years in prison, depending on many factors. Trust in an experienced Los Angeles criminal defense lawyer to fight for your rights in a marijuana drug case.

Former Marine Accused of Los Angeles Homeless Serial Killing

Mon, 16 Jan 2012 08:56:08 -0800

The homeless community has been terrorized in recent weeks as four have been killed in violent attacks that police say were linked to one man, a former Marine, the Associated Press is reporting.

Proving a charge of murder in Los Angeles requires the most stringent evidence, not simply circumstances to put a person in prison for the rest of their life. Unfortunately, the state sometimes brings murder charges against a person without strong evidence.

That's where an experienced Los Angeles criminal defense lawyer comes into play. Without a strong attorney by their side, a defendant facing murder charges can encounter an uphill battle.

But weak evidence invites reasonable doubt to creep in. The standard of proof in any criminal case in California is proof beyond all reasonable doubt. Jurors are instructed that if they feel there is doubt that the defendant committed the crime, they must acquit him or her of the charges.

What the state sometimes attempts to do in these cases is prove a case solely with circumstantial evidence, such as the defendant not having an alibi or having a motive to commit the crime. But often, they lack physical evidence, such as a weapon that matches the murder weapon, fingerprints at the scene or DNA left behind that implicates the person.

This is a double-edged sword for defendants. On the one hand, they are being charged with a serious crime without relevant evidence. On the other hand, if they go to trial with weak evidence against them, they may have an improved chance of getting a not guilty verdict.

In this case, the Associated Press reports, a 23-year-old who served as a Marine in Iraq has been charged with stabbing to death four homeless men he allegedly stalked after seeing a news article about them. The man allegedly chose the victims after an article featured police warning homeless men to be careful. At least three of the victims were stabbed more than 40 times.

The district attorney in Orange County is now working to decide whether or not to seek the death penalty against the man. Prosecutors say they have no reason to believe the man is mentally ill. His father is homeless.

Police say the killings started in December and the man was arrested after witnesses chased him down after a homeless man was killed outside an Anaheim fast food restaurant. Police say the homeless man had filed a police report stating that someone was following him, but police said they were working through hundreds of reports and leads and hadn't gotten to that one yet.

The man's father told the Associated Press that his son visited him recently and showed him pictures of the victims, warning him of the dangers of living on the streets. Police also said they twice talked to the man in motorist checkpoints set up by police to gain information about the killings, but that he wasn't suspicious to them.

Ken v. State Shows Los Angeles Criminal Defense Attorney, Appeals Lawyer Critical

Thu, 12 Jan 2012 11:04:33 -0800

It is fairly common during a Los Angeles criminal appeal that defendants will attempt to prove their Los Angeles criminal defense attorney was ineffective and that impacted their trial.

In most cases, that isn't a fair argument, but one that criminal defense attorneys expect, especially in Los Angeles murder cases, where the stakes are so high. In one recent case out of Wyoming, a defendant was able to show that his criminal defense attorney didn't properly represent him, getting a new trial.

Murder is the most serious charge on the books in this country, and is the only that can be punished by the death penalty in California. Therefore, the defendant's lawyer should ensure they use all things possible in defense of the suspect. But even still, some lawyers make mistakes. Sometimes, those mistakes are seen as minor and of no consequence to the defendant. Others are so big they require a new trial.

In Ken v. State, a man was given a new trial after a big mistake by his lawyer. In 2009, Varo Ken was charged with attempted first-degree murder and aggravated assault.

Court records state that a woman, her fiance and son were in the parking lot of an apartment complex when a man got out of a car parked next to them and fired a gun at them before fleeing the scene. They pulled into a parking spot next to the suspect and words were exchanged and the woman's fiance made a derogatory comment toward the suspect. They told police the man fired four shots at them and then got back into his car and drove off.

About 40 minutes later in a bordering state, a trooper pulled over a vehicle matching the description of the vehicle at the scene and took the driver and his passenger into custody. A handgun was found inside the car.

The passenger said the two were inside the car when a truck pulled next to them. She said her boyfriend got out of the car because he thought the man from the truck was yelling at him. She said she didn't hear any of the argument or any gunshots because she had earphones in. She said she didn't see a gun until Ken got back into the car.

Ken gave a statement to police, too. He said he heard the man yell and thought he was yelling at him. He admitted to firing a shot into the air and then pointing the gun at the man before shooting off to the right. He said he then pointed the gun at the man and fired again before leaving. Police said they found two bullet casings and holes at the scene.

On the second day of trial, the man's criminal defense attorney found out through the prosecution that the woman's fiance -- the man who was shot -- had pleaded guilty to battery a year earlier in a case where he picked a fight in a bar. When defense received the report, the man had already testified. The attorney argued that this new evidence was relevant to the self-defense theory and the judge said there should be a hearing.

The state made its case and rested and the defense did the same. After moving for a judgment of acquittal, which was denied, the judge asked the defense attorney if he wished to rest without re-calling the fiance to bring in the battery conviction evidence. The defense lawyer said it was "too late" to investigate the incident. The judge told each side that he intended to allow the defense to re-call the man, but the defense rested anyway. The jury convicted Ken and he was sentenced to life in prison for attempted first-degree murder as well as six years for aggravated assault.

On appeal, Wyoming Supreme Court ruled that the defense attorney made mistakes when dropping the issue of the victim's prior battery conviction, especially after the judge allowed an opportunity to re-call that witness and bring in the evidence. As a result, Ken was awarded a new trial.

Los Angeles Rapper Snoop Dog Arrested on Marijuana Charge in Texas

Tue, 10 Jan 2012 11:27:37 -0800

Los Angeles rapper Snoop Dog was recently arrested in a Texas border town after his tour bus was stopped and drug-sniffing dogs alerted authorities to drugs onboard, the Associated Press reports.

Charges of marijuana in Los Angeles have been complicated in the last 15 years since voters passed laws to enable Californians to legally produce, sell and use marijuana for medical purposes. As part of marijuana reform in California, possessing an ounce or less of marijuana has been reduced to an infraction.

But our Los Angeles marijuana defense lawyers also recognize that many law enforcement officers haven't given medical marijuana users the type of respect given to people who have prescriptions for pain killers in pill form. In fact, statistics have shown that prescription drug abuse is one of the most widespread crime facing our country, yet medical marijuana users, distributors and cultivators are being pressured.

In this case, Snoop Dogg, whose real name is Calvin Broadus, was arrested at the sierra Blanca highway checkpoint. He was cited for possession of drug paraphernalia after officers found a prescription bottle with marijuana joints in it in a trashcan in the back of the bus. In sum, 0.13 pounds of marijuana was found.

Border patrol agents said a drug-sniffing dog smelled marijuana coming from the bus and officers ordered everyone off so the dog could sniff around. Broadus admitted the drug was his and received a citation before being released.

Even though Snoop Dogg says he has a legal license in California to smoke marijuana for migraines and blurred vision, Texas officials have a zero tolerance policy on drugs. So, officials there say his medical marijuana identification card means nothing.

This is sometimes a problem for people who travel out of state but who, in California, legally can use the drug. For a cancer patient who relies on marijuana as a pain killer instead of more expensive pain pills and travels out of California, their routine is thrown off. Or, they attempt to continue their routine and are stuck facing criminal charges.

Our Los Angeles criminal defense attorneys understand this is a dilemma for many Californians and we are dedicated to helping in any way we can. California's laws, while enable some people to legally possess marijuana, are also designed to punish those who have the drug and aren't permitted to use it.

According to the California Code, marijuana possession charges typically are considered misdemeanors, but it largely depends on the amount and where it is located. For instance, more than an ounce can be filed as a misdemeanor and send a person to jail for up to six months. But inducing a minor to smoke marijuana can be a felony punishable by 3 to 7 years in prison.

Cultivation, sale and trafficking of marijuana can all be punished as felonies with possible jail or prison sentences of up to seven years, making for major charges. If a person is designated and allowed by state law to cultivate or sell medical marijuana, the charges likely don't apply. But because the state's marijuana laws conflict with federal drug laws, there is always the threat of charges on the federal level as well.

United States v. Steppello Shows Appeals Critical, Including Los Angeles Criminal Appeals

Fri, 06 Jan 2012 09:46:48 -0800

A recent criminal case out of New York shows us that criminal appeals can play an integral role in determining the outcome for a defendant.

What some people don't realize is that a Los Angeles criminal appeal is available not only for the defendant, but also for the state. Prosecutors can appeal favorable rulings for defendants just like defendants can appeal rulings that help the state's case.

Our Los Angeles criminal appeals lawyers believe that even a well-argued case before a trial judge can turn rocky on appeal, so employing a well-versed criminal appeals lawyer may end up being as necessary or more necessary than hiring a defense attorney.

Take, for example, the case of United States v. Steppello out of New York. In this case, the man faced drug charges and in the course of the case, his lawyers brought up a motion to suppress cocaine seized from him during a warrant-less arrest as well as evidence from his residence. They also were successful in suppressing his statement after arguing there was no probable cause to support the arrest.

It was a big victory for the defendant and his lawyers because without this evidence, the prosecution wouldn't have much of a way to prove the case. These were critical pieces of evidence that would now be kept out of trial. The prosecutors even appealed the decision, arguing that the judge shouldn't have suppressed the evidence in the first place.

But the government appealed these decisions and on appeal, a panel of judges agreed with the state and reversed the lower court's decision. It then became a major blow to the defendant, who probably felt pretty good that he had gotten such a favorable ruling earlier on.

This is why an experienced Los Angeles criminal appeals lawyer is so important. As a defendant, you can never let your guard down. The prosecution has many resources and will use all of them in pursuit of a conviction. The more high-profile of a case, the more they will do to try to score a prison sentence for the defendant.

On appeal, prosecutors were able to convince a panel of judges that the lower court judge was wrong when ruling that police didn't have probable cause to make the arrest and they ruled that the cocaine and statements made during his arrest shouldn't have been suppressed.

Based on that ruling, the court also overturned the lower court's order that evidence seized from the man's residence should also be admitted, amounting to a clean sweep for the prosecution. Everything that was suppressed was put back into play and not only that, but the appeals court transferred the case to a different judge, noting that the same judge ignored rulings made by the appeals court in a different, but similar, case.

A defendant must always keep the pressure on and never assume they have won until the final appeal has been raised. There are always going to be opportunities for the prosecution to try to change the opinion of a judge. That's why hiring an experienced Los Angeles criminal appeals lawyer is vital to a suspect's case.

Nearly 1,300 Charged With DUI in Los Angeles, Statewide During Holiday Police Sweep

Tue, 03 Jan 2012 11:35:17 -0800

Nearly 1,300 people throughout California were charged with DUI during the holiday period, including nearly 300 in Los Angeles County, the Los Angeles Times reports.

Coming into the new year, the last thing a person wants is major baggage hanging over from the previous year. Facing a DUI charge in Los Angeles can make life more difficult and stressful at a time when most people are hoping to start anew.

Our Los Angeles DUI defense lawyers recognize that facing a DUI charge is a big hassle, but it should also be taken seriously. That's because a DUI charge in Los Angeles can lead to major penalties.

Even for a first-time DUI offense, a driver is looking at the potential for being on probation for three years, which include monthly fees and constant contact with a probation officer. A conviction could also lead to up to six months in jail, fines and fees upward of $2,500, a requirement to attend an alcohol education program, an ignition interlock device installation and a driver's license suspension for up to 10 months.

And, in most DUI cases, a judge won't simply sentence a defendant to some of these conditions, but usually the person is saddled with having to comply with most of these penalties. That's all the more reason to fight back against the state in defense of the charges.

But there is also a second element to DUI cases and that's fighting to keep your driver's license. What many people don't know is that when you are arrested and charged with DUI in Los Angeles, you only have 10 days to request a hearing with the California Department of Motor Vehicles to try to keep your license. If you don't request an administrative hearing, your license automatically gets suspended for 30 days.

There are technical issues that must be raised by an experienced Los Angeles DUI defense lawyer and representing yourself may not be the best option. The DMV hearing is separate from the criminal case, and different types of issues that deal with a driver's license must be brought up to a hearing officer or magistrate.

For many people, these issues are timely and must be brought up quickly. The Times reports that statewide there were 1,270 arrests made by the California Highway Patrol and another 274 in Los Angeles County alone. That was over a 78-hour period between Friday and Monday of the New Year's holiday weekend.

The 274 arrests in Los Angeles were up from 228 last year. Statewide numbers were way up, as an additional 309 people now face DUI charges to start 2012 compared to 2011. Some officials say the increase could be attributed to New Year's Day falling on a Sunday, so there was an additional day included in the law enforcement period.

Either way, that is a lot of people who now have a difficult task to face. But significant defenses can be raised in order to help a DUI suspect.

Aggressive Los Angeles Murder Defense Can Set Table For Future Appeals

Thu, 22 Dec 2011 09:05:44 -0800

A recent Los Angeles Times article reports that the California Supreme Court has overturned the death penalty for two men convicted of murder.

This shows that the skills of an experienced Los Angeles criminal defense attorney have two benefits -- possible acquittal at trial, and preparing the way for possible appeal if there's a conviction.

Murder is the most explosive charge on the books. It must be taken seriously because not only has one person died, but another person's liberty is at stake and possibly his life as well. In California, a person convicted of first-degree murder can be executed by the state.

Murder in Los Angeles must be treated differently than other crimes. That means judges must watch what they say in front of jurors, prosecutors must ensure that a defendant's rights are upheld and a Los Angeles criminal defense lawyer must do much preparation to get ready for trial.

If a person is to be charged with first-degree murder, the state must have proof beyond all reasonable doubt that these charges are legitimate. A person simply cannot be convicted of this charge if there is doubt. There is too much on the line. Simply said, death is different.

According to the Times piece, the California Supreme Court broke its streak of upholding 50 straight death sentences when it overturned the conviction of an alleged gang leader in Los Angeles and his alleged accomplice in two killings that have left them on death row for the last 15 years.

The court unanimously ruled that the two men who were convicted in 1997 didn't get a fair trial when a judge removed a juror who seemed to be critical of the state's case. The ruling stated that the judge had a lack of evidence to remove the juror.

The state alleges the purported leader led a gang that was responsible for 60 South Los Angeles killings. He was convicted of ordering his co-defendant to kill two rival gang members. He faced other killings, but another jury deadlocked on whether he was guilty.

Justices wrote that the juror who was removed was deliberating properly and was relying on their experience and not biased against the state in evaluating witnesses that the state presented. Jurors are allowed to judge the credibility of witnesses, justices wrote.

Prosecutors haven't said whether they will retry the men, but did indicate they will wait to read the ruling first. Attorneys for the men said they were pleased with the high court's decision, but frustrated it took so long, with one calling the decision a "foregone conclusion."

This case shows that a defense attorney at trial can make objections and keep them in the record so that lawyers and judges in the future may be able to see that errors were made. Not only will a good lawyer fight on behalf of the defendant now, but help prepare their appeal in the future, if needed.

Be Prepared for Los Angeles DUI Arrests This Holiday Season

Mon, 19 Dec 2011 09:35:24 -0800

The California Highway Patrol reported that more people were driving drunk during the Thanksgiving holiday this year than in 2010.

Drivers should be aware that law enforcement will continue to step up patrols in an attempt to make as many DUI arrests in Los Angeles as possible during the winter holiday season.

While our Los Angeles DUI defense lawyers understand that drunken driving is down in the last several decades, police still enforce it robustly. Officers will be conducting DUI checkpoints in an attempt to make as many arrests as possible, though their value is questionable.

Police may also increase the number of officers on the roads this holiday season so they can attempt to make DUI-related arrests. AAA likely will estimate an increase in holiday traffic -- as the organization did for the Thanksgiving holiday -- so there will be more people on the roads during this time of year. If you are traveling, expect to see more police cruisers, too.

California Highway Patrol reported that they arrested 7 percent more people this Thanksgiving compared to last -- up to 200. That compares to the 182 people who faced a DUI charge last Thanksgiving. The period of enforcement lasted 96 hours from Thursday to Sunday, as reported by KLTA.

In order for police to start a DUI investigation, they must have a reason to stop a driver's car in the first place. They can't just do it because the driver looks "suspicious" or something seems "strange." They must have what's called probable cause in order to stop the car, and that usually is based on a driving infraction.

If a driver is speeding, changes lanes improperly, runs a red light or any other common driving infraction, an officer can pull him or her over. That doesn't necessarily mean a DUI investigation will start, but it can.

The officer must use his or her experience from that point on. If they observe "bloodshot" or "glassy" eyes or says the driver was speaking with slurred speech, they may then initiate an investigation for DUI. They could end up asking the driver to perform field sobriety tests or take a breath test. All of that could end up being used as evidence against the driver.

In order to fight the charge after the fact, an experienced Los Angeles criminal defense lawyer should be called immediately. Just because a person is arrested doesn't mean he or she is guilty. Breathalyzers have flaws and police officers can make mistakes. Both have been well documented.

It's also possible that witness testimony or video surveillance -- either from a nearby business or the police officer's dashboard-mounted camera -- could lead to evidence that helps the defense.

Examining the facts and being able to show what really happened is important if the driver wants to try to ensure this charge doesn't represent a mark on their record forever.