Los Angeles Criminal Lawyer Blog

A recent California Supreme Court case - People v. Skiles - evaluated whether faxed evidence of a prior out-of-state conviction could be used to show a "strike" under California's Three Strikes law. In Skiles, a California man was convicted or residential burglary and receiving stolen property.

Under California law, residential burglary is considered "first-degree burglary" and requires the prosecution prove that you had the intent to commit a felony or theft before you enter someone's home. First-degree burglary is charged as a felony and constitutes a "strike" under California's "Three Strikes" law.

California's "Three Strikes" law is one of the harshest laws of its kind in the country. Not only will someone with two or more prior strikes be convicted to 25 years to life for any felony conviction, but also those convicted of a second "strike" must be sentenced to double the prison term of the current conviction.

Here, Skiles was convicted of residential burglary after a couple returned to their motel room and noticed that it had been burglarized. Witnesses stated that they had seen Skiles in the area and police found his fingerprints in the hotel room.

During the sentencing phase, the prosecutor introduced a single page of an indictment from Alabama for vehicular homicide. However, the document introduced did not contain a factual description of the charges. In order to gather more evidence that Skiles committed a serious felony, the prosecutor had the Alabama court fax a certified copy of the first page of the indictment, which described the charges in detail. Based on the faxed copy, Skiles' robbery conviction was considered a second strike and he was sentenced to 9 years for robbery.

Continue reading "People v. Skiles Holds That Faxed Copy Of Prior Out-of-State Felony Conviction Qualifies As Evidence Of A Serious Or Violent Felony Under California's Three Strikes Law" »

According to news reports, Los Angeles deputies were called to respond to an El Monte burglary in progress. When they arrived at the scene, they encountered four men and a boy. Upon investigation, it turned out that the group was trying to break into a warehouse that contained over 5,000 marijuana plants - making it one of the biggest marijuana grow houses in the city's history. The men were arrested on a suspicion of burglary. Investigation into the drug warehouse continues.

This episode presents several interesting legal questions, involving theft, drug manufacturing and possibly even conspiracy - contacting an experienced Los Angeles criminal defense attorney is important to protect your rights.

First - for the men involved, they may be charged with second-degree burglary, which usually involves the entering of a business or other commercial structure. It may charges as a misdemeanor of felony, typically based on the value of the property taken. Here - reports indicate that the men had a u-haul truck and were planning to steal marijuana. Additionally, one of the men indicated that "he broke into the warehouse his family owned because he wasn't getting his share of the proceeds." Whether this statement is admissible is questionable.

It is also likely that drug charges will follow - although who will be charged is yet to be determined. Drug charges may be misdemeanors or felonies, however because of the quantity of marijuana involved, felony charges will likely result.

Continue reading "El Monte Burglary Investigation Leads To $1 Million Pot Bust " »

Several news sources including the La Canada Flintridge Patch have reported that identity theft - including Los Angeles identity theft - is growing throughout the nation. In order to combat this growing threat, the Los Angeles Sheriff's Department has released several tips on how you can protect yourself from identity theft.

With the growing concern of identity theft comes an increased effort to crack down on accusations of ID theft and prosecuting defendants to the fullest extent of the law. A person convicted of identity theft may face up to 30 years in prison. As a result - if you are targeted as a suspect in an identity theft crack down - it is important to contact an experienced Los Angeles criminal defense attorney to protect your rights and provide you the defense you need.

At the same time, some tips to protect yourself from becoming a victim of identity theft include:
• Accurate use of your personal identification information such as your proper name, Social Security number, credit card number and other financial account information;
• Review you credit report from the three major credit bureaus each year;
• Review you statements and closed unused accounts;
• Don't give away personal information over the phone, mail or internet unless you know who you are dealing with;
• Disconnect your laptop from a broadband or a shared connection
• Don't carry your Social security card or PIN number in your wallet in case you lose it.

Continue reading "Los Angeles Identity Theft Growing In Frequency" »

According to the Los Angeles Times on Thursday three suspects accused in Gabriel Aron Ben-Meir murder and robbery spree pleaded not guilty to all charges. One suspect, Destiny Young faces both robbery and murder charges, while two others face robbery charges.

If you have been arrested and charged with a serious crime such as robbery or murder, it is critical to retain an experienced Los Angeles criminal defense lawyer at once to protect your rights and begin preparing your defense.

Here, the individuals are suspected in 10 robberies in Mid-City, Southwest L.A. and Wilshire areas of Los Angeles, as well as 2 Los Angeles murders, including the shooting of Ben-Meir, an MTV music coordinator.

Under California law, robbery includes those situations when force is involved in the attempted taking of money or property. Robbery is considered a violent crime and included as a "strike" under California's "Three Strikes" law. When the assailant uses a gun or knife while in the course of the robbery, sentence enhancements may apply, creating longer prison sentences.

Continue reading "Los Angeles Suspects Accused Of Robbery And Murder Of MTV Employee Plead Not Guilty" »