Los Angeles Criminal Lawyer Blog

A San Bernardino County Supervisor, Paul Biane, is accused of driving without a valid driver's license for 4 years following a DUI arrest in Illinois.

Biane asserts he did not know of the suspension following the out of state DUI charge. In 2005, Biane was charged with a DUI while on a family trip to see a Notre Dame v. USC football game. He pleaded guilty to reckless driving and received a fine, alcohol treatment, and six months supervision. However, he was unaware of the automatic license suspension for failing to take a Breathalyzer and the steps necessary to reinstate it.

Biane is not alone. In many cases, people do not realize their driver's license has been suspended until it is too late and they have been arrested or cited for Driving with a Suspended License. Penalties include potential jail time, fines and even mandatory installation of an ignition interlock device.

However before you can be convicted, the prosecution must prove you knew your license was suspended. As stated by Biane in his defense, "If you don't know, the suspension doesn't apply to you."

Continue reading "San Bernardino County Supervisor Accused Of Driving On A Suspended License" »

A jury acquitted one of Anna Nicole Smith's doctors - Dr. Sandeep Kapoor - of all charges stemming from his role in prescribing drugs to the model for chronic pain syndrome and illnesses including seizures, migraines and spinal pain. Prosecutors had alleged that he was part of a conspiracy with Smith's boyfriend and psychiatrist to feed an addiction rather than relieve emotional or physical pain. Both her boyfriend, Howard K. Stern, and her psychiatrist were convicted.

Conspiracy is defined as two or more persons agreeing to commit a crime, where at least one of the persons completes an "overt act" in furtherance of the conspiracy. To be convicted of "conspiracy" it is not necessary to actually commit the underlying crime, all that is necessary is that you "conspired" to commit the crime and that one member took an action that went beyond the planning stage.

In the Smith conspiracy trial, the judge noted "To violate (the law) a defendant must willfully and knowing prescribe, administer or dispense a controlled substance to an addict for a non-therapeutic purpose."

Here, the boyfriend and doctor were convicted of conspiring to provide drugs using false names.

Continue reading "One Acquitted and Two Convicted In Los Angeles Drug Conspiracy Trial" »

Last week, the Mayor of San Gabriel resigned after being arrested on charges of assault. The arrest came after Albert Huang got in an altercation with a woman - a former girlfriend - outside a restaurant.

The incident started out as a food fight, but quickly escalated as he tried to drive off with the woman's purse and car keys. The woman then leapt onto the Mayor's SUV and hung on as he drove away. A security guard eventually detained Mayor Huang.

The Mayor has been arrested on charges of felony robbery and assault. Robbery is defined as "theft through the use of force or fear." Because force is involved, robbery is considered a violent crime and counts as a "strike" under California's "Three Strikes" Law.

Assault is defined as the attempt or threat of violent injury to another, which puts the victim in reasonable fear of his or her safety.

Both of these charges carry serious penalties including jail or prison time, fines and probation. Here, the Mayor was released after posting bail. He has not been formally charged, and calls the dispute "a misunderstanding among friends." He subsequently resigned, stating that the significant media attention was affecting his family.

Often, emotionally charged circumstances can lead to charges of assault or battery.

Continue reading "San Gabriel Mayor Resigns After Assault Charges Are Filed " »

According to a recent article in L.A. now, the Drug Policy Alliance has issued a report concluding that blacks are arrested for marijuana possession at higher rate than whites in 25 California cities. The study reports that in Los Angeles, blacks are arrested 7.1 times more than whites. Torrance has the highest discrepancy with blacks 13.8 times more likely to be arrested than whites, and Pasadena is second with rate of 12.5 times.

Proponents of Proposition 19 note that, "For decades, law enforcement strategies have targeted low-income people of color who bear the disproportionate burden and stigma of arrest, prosecution, and permanent criminal records for marijuana possession and other minor drug offenses."

Current law for possession of marijuana for up to an ounce is considered an "infraction" rather than a misdemeanor. Proposition 19 will allow adults at least 21 years old to possess up to an ounce of marijuana.

In 2009 61,164 arrests were made for possession of less than one-ounce marijuana. Not only is drug possession one of the most commonly committed drug offenses in Los Angeles, but it is also the most frequently prosecuted.

Although marijuana possession is typically charged as a misdemeanor, if the prosecution can prove intent to sell, you may be charged with a felony. Intent to sell may be shown by circumstantial evidence such as scales, large amounts of cash, baggies and packaging supplies or through informants and wiretapped conversations.

A conviction for drug possession for personal use does not required that the drugs be found on your person - convictions can occurred if the controlled substance was found in your home, car or other place within your control.

Continue reading "Disparate Rate Of Marijuana Possession Arrests In Los Angeles, Torrance and Pasadena" »

Earlier this month, Governor Schwarzenegger signed a budget package including funds to restore domestic violence shelter services throughout the state, including Los Angeles and San Bernardino Counties. The funding had been slashed by a line-item veto a year ago.

Advocates of those injured by domestic violence celebrated the news and are relieved that funding for shelters will be made available as soon as possible.

Domestic violence takes many forms and includes physical or verbal abuse against a spouse, former spouse, present or past romantic partner, child or family member. Providing shelter and protecting rights of victims is crucial.

In some instances though, individuals in the midst of contentious relationships use the very serious allegations of domestic abuse to deny a former spouse or girlfriend/boyfriend contact with their children or access to their home. In these situations, it is critical to contact a defense attorney at once. In addition to facing temporary restraining orders denying contact with loved ones, those charged with domestic violence may face significant penalties including potential imprisonment, fines and community service. Often charges are motivated by revenge, anger or sadness as a result of a strained relationship. However, once the police become involved in a domestic dispute, whether to press charges is a matter of prosecutorial discretion.

Continue reading "Funds Approved For California Domestic Violence Shelters" »

3 men from the Los Angeles area are charged with felony identity theft and conspiracy for skimming ATM and credit cards at gas station pumps in the Sacramento area.

Identity theft is considered a criminal act under California Penal Code Section 530.55 and is charged as either a felony or misdemeanor depending on the type of legal activity and the amount of money involved.

Here, the men allegedly used keys to unlock various gas pumps, inserted an electronic device which recorded ATM and credit card data and used this information to create phony cards and withdraw funds from victims' accounts. In total, the 3 men are accused of stealing $160,000 from about 200 people. Because of the amount of money involved and the number of people possibly affected, they have been charged with a felony. The penalties involved may include fines, probation and possibly even jail time.

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According to the Whittier Daily News, a date has been set for the arraignment of a transient charged with felony arson stemming from last year's "Lady Bug Fire."

Arson is defined as the act of "willfully and maliciously" setting fire to any structure, whether residential or commercial, forestland or property. Arson is a complicated crime with varying levels of severity in punishment for each case.

Here, the man arrested was a transient who was attempting to make rice in the Angeles National Forest. Although the fire was ignited 6 days before the massive Station Fire, no evidence links this man to that fire, the largest in Los Angeles County history.

Despite the lack of property damage or injury, starting a fire in a in the wrong place constitutes a felony with the potential for serious penalties, including a state prison term of two, four or six years.

Continue reading "Felony Arson Charges Stand For Man Accused In "Lady Bug Fire."" »

The Sun reports that San Bernardino County Sheriff's deputies arrested a Palmdale resident on charges of embezzlement.

According to The Sun, a woman who worked for Canteen Correctional Services allegedly embezzled more than $720,000 between January 2005 and February 2010. While the incident is still under investigation, police reports reveal that when Sheriff's deputies were conducting an unrelated investigation, the alleged defendant quit, took paperwork and deleted files from her computer.

Embezzlement is a form of theft, commonly known as employee theft or employee fraud. California Penal Code section 503 defines embezzlement as "the fraudulent appropriated of property by a person to who it has been entrusted."

Embezzlement can take many forms, including but not limited to, stealing goods from your employer, spending from client funds, altering account information, records or receipts to conceal a theft, and creation of phantom employees or accounts.

Although the facts and circumstances of this case are unknown, any charges of embezzlement are serious. Where the amount embezzled exceeds $400, defendants are typically charged with felony embezzlement, a charge that carries a minimum 16 months in State Prison if convicted.

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