Los Angeles Criminal Defense Attorney Blog

A Los Angeles woman plead guilty to tax evasion after denying and shifting blame for 5 years with Federal prosecutors. Cristina Warthen, 35, admitted she failed to pay income tax on money she earned while running an escort service while she was attending Standford Law School.

She will be sentenced in June, however, it has already been determined that she will pay the IRS over $300,000 and could face a fine that could be as high as $100,000. She will also be ordered to spend one year on home confinement and three years of probation. It is clear that her Los Angeles white collar defense attorney was top notch. If she had been convicted of all of the charges, she could have served many years in Federal prison. Now she will be ordered to send a year in home confinement in a home she shares with her husband, and Ask.com founder, David Warthen.

Because she was being charged with a Los Angeles white collar crime, asset forfeiture laws were triggered at the time law enforcement found substantial cash hidden in her residence. Asset forfeiture laws were enacted to make sure that ill gotten money and property does not remain in the hands of those charged and eventually convicted of a crime.

Newspaper articles in the 80's were replete with stories of assets that were seized in drug related cases. Soon thereafter, law enforcement began to expand the powerful tool. Items that are commonly seized include cash, cars, houses, property, and in one case a race horse.

Once the property is taken by the Government, it must be maintained. That means that the asset cannot loose its value because of anything the Government does with it. If the Government looses the criminal case, then the asset must be returned to the person or company from which it was taken. In the case of the race horse taken, it was given back almost immediately because the Government would have been responsible for making sure that the horse was fed, trained and cared for like it was at the owners stable.

That forfeiture complaint had said Schultz operated an interstate prostitution business since at least August 2001 — three months after earning her Stanford Law School degree — by charging as much as $1,300 for two hours, $5,000 for overnight and $15,000 for three days to serve clients in the Bay Area, Los Angeles, Washington, D.C., New York City, Chicago and Seattle. Her own April 2003 posting to an escort-reviews Web site had said that when she finished her law degree, she "owed over 300 thousand in loans and hated the prospect of being a lawyer for the next twenty yrs."(sic)

A federal judge dismissed the civil forfeiture action in 2006 as Warthen and the government reached a secret settlement. Prosecutors filed the tax evasion charge against Warthen in September.

Continue reading " Los Angeles Stanford Law Grad Pleads Guilty to Tax Evasion for For Failing to Declare Escort Money " »

Three people, who were previously arrested for Welfare Fraud in the Southern California area around Los Angeles called Antelope Valley, have not been convicted and sentenced to serious time in custody. They were represented by a Los Angeles welfare fraud defense attorney who worked very hard to prevent the individuals from spending decades in prison for stealing from the welfare fraud system. Due to the exhaustive work of the attorneys, these people will serve little to no additional time in custody.

Authorities have stated that the individuals took enough money and benefits that they were not entitled to and used some of the money to purchase a very expensive house. They were convicted of welfare fraud and Los Angeles grand theft. In most cases those that commit a Southern California welfare fraud will be charged under the California Welfare and Institutions Code Section `0980(c)(2). In addition, most cases the fraud are committed by filing false documents under oath, a perjury charge will also be filed pursuant to Penal Code Section 118

Kim Johnson, James Earl Brown and Jacqueline Hervey, were all arrested in a one of the Counties largest fraud busts in recent history. These three individuals were convicted of stealing money from the Los Angeles Housing Authority, the Social Security Administration and the Home Social Services program. In total, over $400,000 was stolen.

It has become much more prevalent for those involved in welfare fraud to also file false claims for Section 8 funds. In this case, the three were able to accumulate over $100,000 in Section 8 funds in violation of the law. The heavy in the case, Johnson, was sentenced to 4 years in prison

In most cases, welfare fraud is committed by the filing of false documents with social service agencies which are responsible for dispersing large sums of money and other benefits to welfare recipients. The recipient commonly makes false statements as to assets in his or her possession, incorrectly declares the number of children in a household, makes false statements concerning whether they have other income being earned, and in some cases, the recipient claims they are the care givers for incapacitated persons and will be paid for those services, when in fact they are no doing so, or the person does not even exist.

The statute of limitations is 5 years from either the date the crime occurred, or when the fraud was discovered. The punishment for each count can be 5 years of state prison, parole or probation, full restitution for all of the monies illegally taken, the cost of investigating the crime by the State and law enforcement, a complete bar from every being able to collect social services again, and finally, being labeled for life as a criminal.

Continue reading " Los Angeles Welfare Fraud Conviction Result in Serious Consequences " »

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor's recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Continue reading " Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next? " »

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff's Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver's license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Law Group may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a "valid" refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

Continue reading " Shia LaBoef Looses Driver's License After Los Angeles DUI " »

As we see the beginning of a new President and Vice President for the United States, we will most likely see a new beginning for criminal prosecutions for Los Angeles DUIs and Southern California criminal law.

Already the new administration has claimed that there will be a clamp down on crime. The local administrations have also claimed that they will vigorously prosecute even minor offenses. It will not matter if you are arrested for a Los Angeles DUI, a Long Beach crime, a San Fernando robbery, or a Pasadena DUI, the police will be trying to enforce the law to the fullest. For that reason, it is important to hire a Los Angeles criminal defense attorney who has the experience and knowledge to defend you.

The new emphasis on punishment for minor offenses is going to put regular citizens in a bad position. In the past, judges and prosecutors understood that there is a clear difference between people who are law abiding but who make a mistake, and those who a repeat offenders. Now, even minor offenses are going to punished more severely.

As a former prosecutor, Los Angeles criminal defense attorney Michael Kraut, handles criminal matters in the Los Angeles and throughout Southern California. His Harvard Law School training and over 14 years experience as a senior trial prosecutor has put Mr. Kraut in a unique position to defend individuals arrested and charged with Los Angeles based crimes.

If you have been arrested or charged with a crime and or you need to hire a Los Angeles pre-filing defense attorney or you are under investigation for violent crime in Southern California, please contact Los Angeles criminal defense attorney Michael Kraut for 24/7 assistance by phone at (323) 464-6453 or toll free at (888) 334-6344 or online.

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver's license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver's license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Continue reading " Heather Locklear's Los Angeles DUI dismissed " »

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person's life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Continue reading " Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction " »

In March of 2008 Thomas Jane, the actor married to "Medium" star Patricia Arquette, was arrested for a DUI in Los Angeles. This news was kept fairly quite because he hired a Los Angeles DUI defense attorney who knew how to manage both the Southern California DUI case, as well as the publicity that sometimes follows a celebrity crime arrest.

By hiring a pre-filing criminal defense attorney in Southern California you can increase your chances of successfully fighting your case. A Los Angeles DUI defense attorney, the actor is able to have his interests represented in an aggressive and sensitive manner.

The reason that anyone arrested for Southern California DUI should hire a Los Angeles DUI defense attorney is because the penalties are so severe in California. Even first time DUI convictions result in a jail sentence, a license suspension, a mandatory alcohol education course, huge fine to both the court and the alcohol programs. The person will also be on probation for a period of three years. During that probation period, if a Los Angeles DUI person is charged with another offense, then the court, on motion from of the prosecutor or the judge on its own motion, can institute a probation violation.

A probation violation does not require that a person is convicted of a new offense. Merely that they have violated the strict terms of probation. This can be used to revoke the probation and the person can face serious jail time. The court could even impose a full year in jail.

Continue reading " Patricia Arquette's husband, Thomas Jane, arrested for DUI in Los Angeles " »

In a shift from a decade ago, violent crime in Los Angeles has declined for 6 straight years. Police in this Southern California city are thankful in the decrease. Others worry that the decline will reversed due to the failing economy.

Los Angeles homicides decreased about 5% from the previous year. While that number is not that impressive, the total total drop of 27% in 5 years. Law enforcement claim that the decrease is due to the severe push in gang eradication.

Violent crime has also dropped for other Southern California cities. San Diego saw a slight down turn, while San Bernardino had a 7% decrease, and Orange County also saw a drop in violent crimes

Continue reading " Violent crime down in Los Angeles and Southern California in 2008 " »