Los Angeles Criminal Lawyer Blog

Los Angeles news sources are reporting that Lindsay Lohan will be charged with felony grand theft for allegedly stealing a necklace valued at $2,500.

California law defines theft as taking another person's property or money without the other person's consent. Theft crimes are divided into two categories - felony grand theft and misdemeanor petty theft. Felony grand theft charges apply where the value of the property stolen is $400 or greater.

If you are facing charges of felony grand theft, it is important to contact an experienced Los Angeles Criminal Defense lawyer immediately to begin investigating the charges and preparing your defense.

Here, the charges against Lohan are serious. Because she is on probation from her prior DUI charges, she faces potential jail time. Lohan asserts that the charges stem from a misunderstanding regarding her possession of the necklace and that the necklace had been loaned to her.

Continue reading "Lindsay Lohan Faces Felony Theft Charges" »

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."

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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" »