Los Angeles Criminal Defense Attorney Blog

Getting arrested for lewd conduct in Los Angeles can be a harrowing experience.

Yes, getting arrested for any crime in Southern California is scary. You face the specter of jail time, massive fees and fines, insurance related problems, professional reputation issues, logistical headaches, and on and on.

But lewd conduct charges are particularly vexing! Defendants are often “prejudged” by friends, family members, peers, and the community at large. For some reason, getting a lewd conduct charge often feels like being tarred and feathered. First of all, if you are convicted, you may be saddled with the “sex offender” label for decades, if not for a lifetime. You do not need to be reminded about what this negative label can do in terms of restricting where you can live, wreaking havoc on your personal and professional life, and potentially destroying your self-esteem – not to mention teeing you up for massive trouble if you ever break the law again.

But forget about the sex offender stigma for a second. Just contemplate how you've been treated thusfar by family members and friends after your arrest. Maybe you got a few words of encouragement or support. But odds are that support was few and far between. People tend to extrapolate when they hear charges like "lewd conduct in Los Angeles." They immediately go to the worst possible places. They might remember news stories, like the recent case about that 60-year-old elementary school teacher at Miramonte who apparently sexually molested his elementary school students for years and did other horrible things to them.

Sadly, they may even categorize you in with this kind of monster -- assume that you are somehow “in his class.” And this may happen even if you did nothing wrong to anybody… or perhaps even got entrapped by a police officer for trying to solicit!

So on one hand, you face this isolation, confusion, anger, and helplessness. On the other hand, you are also aware that there is something in your life that’s not working. You'd like to change, you'd like to get help, and you'd like to “turn back the clock.” But things are so out of control and so confusing that you don’t really know how to begin, where to begin, or whom you can trust for good advice about the cascade of problems that have fallen on you.

The good news is that Attorney Michael Kraut of the Kraut Law Group is just a click or a phone call away. Attorney Kraut is a former city prosecutor. For 14+ years he worked as a Deputy District Attorney. He did not exactly earn reputation as a “softy’’ – in fact, he managed to achieve a 99% success rate at jury trials. Now, serving as a criminal defense attorney, he has the relationships, knowledge of the law, strategic intuition, and resources you need to build an impressive case.

It’s been called one of the most disturbing and high profile cases of Los Angeles lewd conduct in history: 61-year-old Mark Berndt allegedly blindfolded children and then “spoon-fed his semen to them” at his elementary school classroom in Miramonte.

Last month, Berndt pled not guilty to 23 counts of Los Angeles lewd conduct, but the justice system does not seem to be in the mood to give him much leniency. His initial bail - $23 million – remained intact last Wednesday, when a judge denied his request for a reduction. The former teacher was arrested at the end of January following a long investigation (over a year). Investigators discovered 40 photos of children blindfolded with their mouths taped. Some pictures showed cockroaches on these children’s faces. Others showed other remarkably disturbing images.

One of Berndt’s co-workers, 49-year-old Martin Springer, has also been accused of a sexual crime – molesting a female student. In the wake of the revelations about Berndt and Springer, the district fired the entire workforce at the elementary school. Many of teachers’ victims have said that the abuse gave them nightmares.

The vast majority of people who are arrested for lewd conduct in Los Angeles face far more innocuous charges. In some cases, the arrest may have been totally unjustified. For instance, an undercover officer might have planted evidence or falsified a report.

In other words, the scale here is tremendously diverse. It ranges from people who commit acts like this 61-year-old teacher alleged committed to people who were entrapped or who were arrested after engaging in totally innocent behavior.

The problem is that if you engage in lewd conduct or solicit someone else to engage in lewd conduct, and you get convicted, the label of "sex offender" will stick around forever and potentially plague your life indefinitely.

A reputable Los Angeles criminal defense attorney at the Kraut Law Group can help you understand the charges against you and construct an appropriate, meticulous defense. Mr. Kraut is a former prosecutor who has been on both sides of cases involving California Penal Code Section 314 and California Penal Code Section 647(a).

On Tuesday, a shocking "not guilty" verdict was handed down in the "Trial of the Century" murder trial of Casey Anthony, stunning the Los Angeles violent criminal defense community along with the rest of the world.

In case you have been living in a cable news vacuum (in which case, good for you), here's a quick recap. In 2008, the defendant, Casey Anthony, allegedly killed her two-year-old daughter, Caylee, and then went out partying right afterwards.

Motivated by the particularly grisly inhuman-ness of the alleged crime, prosecutors sought to convict Ms. Anthony on a capital murder charge. This could have resulted in her execution, had she been convicted. But the jury found her not guilty of first-degree murder, aggravated child abuse, and aggravated manslaughter (although she was convicted for several lesser offenses).

Without dissecting the case any more than the blogosphere and media already have -- Jay Leno, for one, stuck his foot in his mouth the other day by making a tone deaf joke about the trial -- let's take a look at lessons the case can teach Los Angeles criminal defendants.

#1. The "reasonable doubt" standard is alive and well.

Prosecutors struggled to convict Ms. Anthony because evidence connecting her with Caylee's death was primarily circumstantial. If your Los Angeles domestic violence attorney can highlight a similarly vigorous "reasonable doubt" defense for you, the jury should acquit, even if the majority of evidence (technically known as the "preponderance of the evidence") stacks up against you. Note that, in a civil case, the bar for prosecutors is far lower. The preponderance of the evidence rule applies. So even if you are just 50.001% guilty, then you are guilty.

#2. A "fair and just" result is often in the eye of the beholder.

The Southern California justice system is set up to mete out justice in a fair, rule-driven process. But does this process approach its Platonic ideal? Does it deliver justice 100% of the time? No way. The system is run by human beings. Human beings charged with interpreting complex, highly technical laws and processes. Mistakes get made.

Furthermore, the determination of whether an outcome is just or not hinges on subjective features of the decision. More simply: whose side your own influences your judgment WAY more than you think.

Most people who followed the Anthony trial wanted -- practically begged -- for a conviction. They found the decision unjust. But Anthony supporters found the decision fair and just. This all suggests that the very notion of fairness cannot be defined in the abstract -- it must take place within a cognitive and cultural context.

#3. The quality of your attorney can make an enormous difference.

An experienced Los Angeles criminal defense and homicide lawyer, such as Michael Kraut of the Kraut Law Group -- particularly someone who has worked as both a prosecutor and a defense attorney, like Mr. Kraut has -- can anticipate the other side's arguments, develop a strategy to defuse or circumvent them, and help you stick to a smart game plan.

Driving under the influence in Southern California is -- in and of itself -- an extremely dangerous and perhaps even deadly thing to do. But a Mill Valley man by the name of Scott Lindner has been arrested not only for Southern California DUI but also for allegedly assaulting a female passenger while smashing his 2010 Honda Accord into a variety of objects during what can only be described as a DUI rampage.

The couple had been arguing at Marin County’s Olema Campground, when they got into Lindner’s 2010 Accord. The 22-year-old Lindner crashed his car into a parked truck and then slammed into a metal pole (part of a propane tank enclosure), causing his 20-year-old female passenger to get thrown from the car and suffer injuries. For whatever reason, the woman got back into the car with Lindner, and they peeled off down Highway 1. Throughout an 8-mile drive, Lindner continued to hit his passenger, hurting her more. His rampage finished at Sir Francis Drake Boulevard, when the Accord plowed into a curb and came to a stop blocking the eastbound lane of traffic. CHP officers quickly arrived and arrested Lindner for felony traffic charges. Lindner’s passenger was taken to a nearby hospital. Investigating officers found that Lindner had been on parole with the State’s Department of Corrections, and the CHP released a statement that said the Lindner was back on parole hold.

This disturbing case gives us an opportunity to discuss the difference between a “standard” non-injury Los Angeles DUI and an injury DUI. A non-injury charge might be prosecuted pursuant to California Vehicle Code Sections 23152(a) and 23152(b); but an injury Pasadena DUI will be charged according to two different sections, California Vehicle Code Sections 23153(a) and 23153(b).

Essentially, the injury subsections of the CVC stipulate that an ordinary misdemeanor DUI charge can be elevated to a felony if the driver hurts another person in the course of operating a vehicle while DUI. A felony is a much more serious charge than a misdemeanor. It carries stricter penalties. Convicted felons lose the right to vote and face a much more difficult road back to normalcy. Felons have a harder time securing loans, leasing cars and apartments, getting jobs and generally readapting to life after the conviction.

So if you have been charged with an injury DUI in Glendale or elsewhere throughout the Southland, it’s in your interest to explore your options for best legal defense.

Continue reading "Disturbing Southern California DUI Charge – Suspect Beat His Girlfriend While on DUI Rampage" »

Charlie Sheen has been arrested again for domestic violence towards the women in his life. Recent reports out of Aspen, Colorado concerning Brooke Mueller tell a story of continued violence. According to reports, Sheen was arrested for two felonies an one misdemeanor on Christmas Day. The 911 call made public this week by Mrs. Sheen clearly illuminates the panic and confusion in the house. The last time he was arrested for a Los Angeles domestic violence case.

On the tape Brooke can be heard telling police that Sheen had held a knife to her throat and then choked her. According to Brooke, while he was being physical, he was yelling that he was going to kill her. Brooke's drunken voice can be heard on the tape.

After the arrest, a judge issued a protective order that separates the Sheens from each other. While the court order is still in effect, both parties have asked the court to modify the ruling to allow them to see each other. At this time, Charlie Sheen's 10 month-old twins are remaining in Aspen with mom, while the actor is back in Los Angeles working on the set of Two and Half Men. Sheen's top-rated Los Angeles criminal defense attorney is working behind the scenes in what is known as pre-filing investigation to stop any charges from being filed

This is not the first time that Sheen has been arrested for violence on the women he claims to love. Several years ago Sheen was charged with a Los Angeles domestic violence case for severely beating his girl friend at the time, Brittany Ashland. In 1996, Sheen was arrested and charged with pulling his girl friends hair while slamming her down on a marble floor. He then knocked her unconscious and then caused an injury to her face that required stitches to close the wounds. According to Ashland he then stripped her of the bloody clothes she was wearing and then told her that if she told anyone he would kill her.

Court records indicate that Sheen pled guilty to criminal charges in the 1996 case. Ashland's attorney is urging the District Attorney in Colorado to not modify the order.

Continue reading "Charlie Sheen Arrested for Felony Domestic Violence.....Just Like Years Ago When He was Arrested For A Los Angeles Domestic Violence Case" »

Tiger Woods, the popular champion golfer apparently was involved in a domestic violence incident. Rather then being the violent perpetrator, Mr. Woods was chased from his house by his wife, Elin Nordegren. According to reports, Ms. Nordegren was furious about an affair that Tiger Woods was having a 24-year-old cocktail waitress.

If the stories of her assault were correct, then she could have been charged with domestic violence. Under California law, an assault with a weapon is a strike offense and could lead to four years in prison. Ironically, had Tiger Woods been driving under the influence of alcohol when he crashed into the fire hydrant, he could have been charged with a DUI. However, these facts were never even alleged against the pro-golfer.

Tiger Woods’ wife blasted his mistress in a furious phone call when she found out about their affair. The "other woman" Jaimee Grubbs, is a Los Angeles cocktail waitress. A smart woman, Tiger's wife called her from a blocked number and when Ms. Grubbs asked who was calling, Mrs. Woods said "you know who this is because you're fuc*ing my husband."

As details of the car crash and Tiger Woods' wife chasing out of the house and threatening him with, of all things, a golf club, Tiger finally admitted that he had cheated on his wife and apologized for what he had done.

Ms. Grubbs is the second person to be allegedly connected to Tiger Woods. Immediately after the 2:00 AM crash of his $50,000 Escalade, the press was reporting his connection with Kalika Moquin, a Vegas nightclub promoter.

According to reports, Tiger Woods complained to friends that his wife had gone ballistic on him and scratched his face just hours before the car crash.

Continue reading "Tiger Woods involved in a Domestic Violence incident and was the Victim" »

On June 22, 2009, actor Chris Brown will face the judge for his Los Angeles assault on Rhianna. The prosecution will need to prove that Brown assaulted and verbally threatened Rhianna several months ago. Brown is being defended by his legal team composed of Los Angeles assault defense attorneys. Now it will be the time when rumors and innuendo is put aside and the facts will be put forth under oath.

Brown will have a preliminary hearing. This is a court proceeding in which the prosecution will have to prove that a crime was committed and more likely then not, Brown committed the crime. This standard of proof is very low at this point for the prosecution. They do not have to put all of their evidence on the table, just enough to tip the scales of justice.

Rhianna has been subpoenaed to appear in court and she is expected to testify truthfully against Brown. It will be her testimony that determines if Brown will eventually face custody time in jail or prison, or if the charges are reduced to misdemeanors or even dismissed.

Continue reading "Chris Brown will be ina Los Angeles Courtroom to Face Multiple Felony Charges for his Los Angeles Assault" »

Singer Rihanna has been subpoenaed for the up coming criminal case against Chris Brown. Her attorney's have publicly stated that she was served with a criminal subpoena served on behalf of the Los Angeles District Attorney's Office for the June 22, 2009 hearing.

Under state law, if she fails to appear after being properly served with the subpoena, she could be arrested and jailed. However, former Deputy District Attorney Michael Kraut, now managing attorney of the Kraut Law Group, has stated that the Los Angeles County District Attorney's Office has a policy of not arresting domestic violence victims if they fail to appear or testify at a criminal hearing.

The June 22, 2009 hearing, will be a preliminary hearing in which the prosecution must put forth evidence to show that a crime was committed and that the evidence points to Chris Brown committing the crime.

If she testifies as expected, it is likely that Chris Brown will be held to answer on several serious felony crimes.

Continue reading "Rihanna Subpoenaed on the Chris Brown Los Angeles Domestic Violence case" »

After Chris Brown and Rihanna had their violent encounter on February 8, 2009, in Los Angeles, things may be changing. Initial reports emerged that Rihanna had received a text page that enraged Chris Brown to the point that he became exceptionally violent with the pop star in the Los Angeles Hollywood suburb of Handcock Park earlier this month. News reports are now circulating that the two have reunited as a couple. It is now up to his Los Angeles domestic violence defense attorney to attempt to lower the charges, or have the case thrown out completely.

New organizations are beginning to report that because the two have been seen together, then Chris Brown will not face criminal charges. That cannot be further from the truth. Domestic violence is like no other crime prosecuted in Los Angeles. In almost 80-90% of the cases, the victim and the assailant get back together. The fact that a couple reunite after a violent episode does not mean that the prosecution is powerless to prosecute the crimes that had occurred. In almost all cases a victim in a domestic violence case will refuse to testify or will minimize what actually occurred during the criminal incident. Because the prosecution is aware of these facts, they almost always demand that the police or other investigatory agency, tape record the statements of the victim. That way the victim can be impeached on the witness stand if they "go backwards" on the statements they previously made.

The result to Chris Brown will be most likely seen in the punishment that he receives. He will most likely still be prosecuted for the crime, but if Rihanna tells the court that she was the aggressor or that Chris Brown was merely defending himself from her attack, then the prosecution could decide to drop any charges that they might be considering. If they still decide to prosecute then a top notch Southern California criminal defense attorney would be able to argue that the facts indicate that it was a case of mutual combat, or that Chris Brown was defending himself. If that were to occur then the prosecution would most likely not file criminal charges.

Continue reading "Chris Brown and Rihanna Reunite in Los Angeles. Will Chris Brown Face Criminal Charges?" »

Early Sunday morning the day that she was supposed to perform at the Grammys, pop star Rihanna was was seen crying and shaken after she and Chris Brown had an altercation in the quiet neighborhood of Hancock Park in Los Angeles.

Police would not identify the woman in the domestic violence incident due to the laws of confidentiality. While Brown made his $50,000 bail, he immediately hired a pre-filing Los Angeles criminal defense attorney to represent his best interests. As often happens in domestic violence cases, the police choose one side and then seek the evidence that will support that position. If all facts are true, Chris Brown could face 9 years in state prison.

Los Angeles Domestic violence is a serious crime. In order for the prosecution to convict him of domestic violence, they must prove that Brown was in a relationship with Rihanna, or that they have children in common, or live together in a sexual relationship. Next they must prove that Brown inflicted a traumatic injury and that he did so not as an act of self defense.

Police will spend a lot of time talking to Rihanna early during the investigation. They will get as many statements from her and her friends and witnesses because as time goes on, most domestic violence victims will become less and less cooperative and many will refuse to testify against suspects in these cases. So the police secretly tape record these statements to later use in court.

Continue reading "Chris Brown in Jail for Threatening and beating Rihanna in Los Angeles" »