November 2010 Archives

November 29, 2010

L.A. Narcotics Agent Charged With Theft

L.A. Times reports that a California narcotics agent has been charged with stealing money from drug suspects. Los Angeles prosecutors charged a 35-year-old man who worked for the Bureau of Narcotics Enforcement with two counts of embezzlement and grant theft in the amount of $33,000.

The man pleaded not guilty.

In California, theft of an object (or money) valued at $400 or greater is considered a felony and punishable by up to one year in jail or 3 years in a state prison.
Embezzlement is defined as the "fraudulent appropriation of property by a person to whom it has been entrusted." Penalties for embezzlement include time in a state prison, community service, fines, and restitution.

With any charges of theft or embezzlement, contacting an experienced L.A. criminal defense attorney is critical. By conducting a thorough investigation, a knowledgeable attorney may be able to show weaknesses in the prosecution's case, as well as potential accounting errors or other forensic evidence that can lead to charges being dismissed.

Continue reading "L.A. Narcotics Agent Charged With Theft" »

November 23, 2010

Los Angeles And Orange Counties Considering Pot Dispensary Ban

The L.A. Times reports that L.A. and Orange counties are considering banning medical marijuana dispensaries in unincorporated areas. At issue - whether allowing pot dispensaries creates a negative impact on the surrounding areas. Several L.A. county cities have banned dispensaries, pushing them out to unincorporated areas such as East Los Angeles, Altadena and Marina del Rey.

Citing the need to protect "safety and property values," the Los Angeles Board of Supervisors will consider a proposal to ban the dispensaries altogether, after the county has allowed them for four years with strict prohibitions.

Illegal pot dispensaries have cropped up throughout the area.

Generally, possession of marijuana in California constitutes a misdemeanor. However, the sale or purchase of drugs with the intent to sell is a felony. Penalties vary, depending on the type of drugs involved and the quantity. When the drugs are sold near school or involve minor, penalties may be enhanced.

Often, those involved in legitimate operation of a pot dispensaries as well as those who use marijuana for medical purposes are inappropriately targeted and charged with a California drug crime.

Continue reading "Los Angeles And Orange Counties Considering Pot Dispensary Ban" »

November 20, 2010

Two Arrested In Pico Rivera Auto, Identity Theft And Weapons Charges

This past week a Los Angeles man and women were arrested on suspicion of car jacking, identity theft and weapons charges. According to the San Gabriel Valley Tribune, the two were arrested after found driving a stolen car with loaded handguns and evidence of identity theft.

If convicted with these California crimes, they face serious penalties.

In California, car-jacking is considered first-degree robbery and a "strike" under California's "Three Strikes" Law. Under the "three strikes" laws these convictions significantly enhance future sentences and punishment. First-degree robbery convictions carry with them a potential punishment of 3 to 9 years in state prison.

Identity theft occurs when someone knowingly and with the intent to defraud assumes the identity of someone else by acting like him or her or using his or her personal information. Here, reports indicate that they were carrying items related to ID theft such as "documents in the names of other people." Identity theft is considered a "wobbler," which means the prosecutor could charge it as a misdemeanor of felony depending on the type of illegal activity and the amount involved.

Continue reading "Two Arrested In Pico Rivera Auto, Identity Theft And Weapons Charges" »

November 17, 2010

California Bank Robbery Suspect - "Geezer Bandit" Escapes Capture

Dubbed the "geezer bandit" based on his appearance as elderly, a man has committed twelve bank robberies throughout California. Thus far he has eluded capture. An FBI Special Agent attributes the bandit's success, in part, to his non-threatening demeanor.

The first 11 robberies occurred in Riverside and San Diego counties, and the last one in Bakersfield. Allegedly, the man showed a demand note, asked for cash and threatened tellers with a gun if they didn't cooperate.

Should he be caught the "geezer bandit" faces potentially serious penalties. Under Federal banking law, the bandit faces the possibility of federal criminal charges potential time in a federal penitentiary.

Additional state charges may exist, including potential weapons charges.

Continue reading "California Bank Robbery Suspect - "Geezer Bandit" Escapes Capture " »

November 12, 2010

Los Angeles Crime? - Report Finds LA Neighborhood Safest 'Big City'

According to a recent report, the Cahuenga Boulevard neighborhood of Los Angeles is the "safest big city neighborhood" in the United States. In the zip codes of 90068, 91604 and 91608 your chances of becoming a victim of crime are just 1 in 1,042. Incorporating the entire city, your chances increase to 1 in 28.

The report was compiled by looking at statistics on stolen vehicles, violent crime, and property crime.

For all residents of Los Angeles this is good news. Our streets are getting safer. However despite cause for celebration, too often innocent individuals are still charged and arrested for crimes they didn't commit.

Continue reading "Los Angeles Crime? - Report Finds LA Neighborhood Safest 'Big City'" »

November 9, 2010

Former Fullerton Manager Arrested For Grand Theft

According to the Los Angeles Times, a former risk manager for the city of Fullerton has been arrested for allegedly stealing $35,000 in city funds by approving false claims. Included in the felony charges are grand theft, burglary and embezzlement. Police assert that he had two accomplices working with him - a cousin and his girlfriend.

Generally, Los Angeles theft crimes are defined as the taking of another person's property or money without permission. These crimes may be considered felony grand theft or misdemeanor petty theft, depending on the value of money or property stolen. Under California law, grand theft applies where the value of the property is more than $400, with punishment including possible jail or prison time.

Here, due to the amount of money at issue, the risk manager has been charged with a felony. However, whether the prosecution can prove these claims is unknown. Often, accounting errors - rather than criminal activity - can explain inconsistencies.

Continue reading "Former Fullerton Manager Arrested For Grand Theft" »

November 5, 2010

61 Los Angeles Area Citizens Indicted On Weapons Charges

Recently, some 61 suspected gang members from the Harbor Gateway area of Los Angeles, as well as Long Beach and La Puente, were indicted on weapons and drug distribution charges. Dubbed "Operation Red Rein," federal and local law enforcement officials assert that the members acted as suppliers for other gangs throughout Los Angeles and Southern California.

California weapons charges are aggressively pursued by both California and Federal law enforcement officials and may be prosecuted as felony or serious misdemeanor offenses. Many weapons charges arise simply out of the possession of a stolen firearm - and many times those in possession are unaware that the gun is stolen. However, some weapons charges are much more serious, such as the use of a firearm during the commission of a crime, distributing firearms, or the sale or possession of a semi-automatic gun.

Here, if convicted, the suspects face between 10 and 20 years in federal prison.

Because of the potentially serious legal penalties that can arise from a weapons charge, it is critical to contact a California weapons charges defense attorney at once. Experienced California criminal defense attorneys can challenge the evidence obtained. For example where law enforcement engage in an illegal search and seizure, any evidence obtained in that search may be thrown out. Without properly obtained evidence, charges may be dismissed.

Continue reading "61 Los Angeles Area Citizens Indicted On Weapons Charges " »

November 2, 2010

Activist In Jail For Making Criminal Threats

A man dressed in a clown suit who often attends San Bernardino County Board of Supervisors meetings has been arrested on charges of "felony criminal threats."

California law enforcement officials take criminal threats - formerly known as "terrorists threats" - very seriously. A criminal threat is an "intentional and willful threat of harm" made to another designed to make the person fear for his or her safety, or the safety of his or her immediate family.

Here, the "clown community activist" was arrested on a $1 million felony warrant for threatening a Bell City Clerk.

In some situations such as where the alleged target's interpretation of the accused's statements or actions was unreasonable or where a threat was not sufficiently clear nor immediate, charges may be reduced or dismissed.

Continue reading "Activist In Jail For Making Criminal Threats" »