Los Angeles Criminal Lawyer Blog

An Orange County, California jury returned a guilty verdict on Monday on three-counts of second-degree murder in the death of Los Angeles pitcher Nick Adenhart and two others in April, 2009.

Although typically felony DUIs are tried as manslaughter, here the prosecution brought charges of murder based on the accused's previous DUI conviction and the theory that he was known to understand the specific dangers of drinking and driving from his own experience.

According to the Associated Press, this verdict constitutes the 11th time in two years that a defendant has been convicted of murder in San Diego county as the result of driving drunk. As reported by AP, "[t]he verdict Monday against Gallo cemented the conservative county's reputation as a leader in the nationwide trend of prosecuting drunken drivers for murder."

Beginning in 2004, courts were required to provide a "Watson notice." Pursuant to a "Watson Notice" courts must advise drivers who pleaded guilty to DUI that they could be charged with murder if they cause a fatal DUI at some point in the future.

Critics point out that Watson notices are unjust, and may constitute entrapment. Further, fatal DUI cases often don't meet the same thresholds as required for murder charges.

Continue reading "Orange County Jury Finds DUI Defendant Guilty Of Murder" »

A San Bernardino middle school vice principal has been order to stand trial on felony drug and child welfare charges. The woman was charged with possession of marijuana for sale and child endangerment as the result of a staged burglary set up by her teenaged son.

For most controlled substances, drug possession for personal use is charged as a felony. However possession for personal use can be a misdemeanor where the drug at issue is marijuana.

Where the possession of the drugs is with the intent to sell, the prosecution must only prove that the accused intended to sell the drugs, not that the sell actually took place.

Here, the vice principal presented evidence that she grew medical marijuana for her business, a medical marijuana dispensary in Los Angeles. At the preliminary hearing, San Bernardino County Judge Douglas Gericke determined sufficient evidence existed to support the charge and held the woman over for trial.

Continue reading "Teacher Who Operates Medical Marijuana Dispensary Charged With Felony Drug Possession" »

According to the Los Angeles Times, two San Bernardino brothers were charged with over 100 felony counts of white collars crimes in San Bernardino and Riverside counties, as well as Los Angeles, Ventura and Santa Barbara counties.

White-collar crime is typically defined as "an illegal act characterized by deceit, concealment, or violation of trust." Charges included embezzlement, identity theft, forgery and conspiracy.

Most white-collar crime offenders are ordinary people who make impulsive or poor decisions. One of the brothers pleaded not guilty. His bail was raised from $3 million to $5 million, while the other brother has been hospitalized, and will be arraigned later.

Contradictory stories exist regarding whether the brothers were trying to assist those in need stay our of foreclosure or whether they were involved in fraudulent behavior. Often well-intentioned acts are misinterpreted as deceitful and criminal.

Continue reading "Two Brothers Charged With Alleged Conspiracy And Fraud" »

Beginning Monday, the Los Angeles County Court System will start a pilot program aimed to help veterans who have committed non-violent felonies. The "veterans court" will assist those men and women who need treatment after returning from military service and who may commit crimes as the result of the emotional toll of military service. All military personnel will be eligible, particularly those suffering form post-traumatic stress disorder, traumatic brain injuries and other mental conditions.

Depending on the type of crime, veterans could be referred to treatment within the Veterans Affairs Department. The individuals would receive supervision and if they violate the terms of the court, the penalties received will increase.

Non-violent felonies include crimes such as theft, drug possession, vandalism, arson, and DUIs.

As a Los Angeles Criminal defense attorney, I believe this is a positive development for veterans. Treating the unique circumstances affecting individuals returning from combat provides a better opportunity to help those who have experienced emotional trauma than does penalizing them with extensive jail time and fines for the effects of that trauma. Although the veterans will not be given a "free pass" for non-violent crimes, special attention will be paid.

Continue reading "Los Angeles County Begins Program For Veterans Who Commit Non-Violent Felonies" »

According to the Los Angeles Times, a man accused of fraud - Timothy Barnett -now faces possible life in prison. While typically reserved for those with a history of violent crime, such as robbery or aggravated assault, the Los Angeles County district attorney is charging Barnett under California's three strikes law.

Barnett is charged with 23 felonies including identity theft and real estate fraud for allegedly tricking 5 people into unknowingly giving him title to their homes. This case represents one of the few times the three-strikes law was used in a case of fraud. Critics are outraged. As stated by a Loyola Law School professor, "This law was intended to deal with serious and violent felons and lock them up forever ... he hasn't killed anybody.""

The three-strikes law has been controversial ever since it passed in 1994 because it allows any felony to count as a third strike, not just violent ones. As a result, if convicted Barnett could face a sentence of 25 years to life in prison for each of the 23 counts.

Continue reading "California Man Accused Of Fraud May Get Life In Prison Under Three-Strikes Law" »