Los Angeles Criminal Defense Attorney Blog

The National Highway Traffic Safety Administration (NHTSA) monitors trends regarding fatal Southern California DUI incidences. A close look at the recent stats points to many positive developments and some concerns. Let's consider the stats over the past 30 years to wee how the dangers of DUI in Southern California have evolved. (We believe that it's crucial to regularly step back from analyzing DUI headlines and inspecting the latest CA DUI laws to get perspective on the size and scope of the issues drivers face.)

In the early 1980s, driving in Southern California was extremely dangerous -- much much more so than it is today. In 1982, for instance, over 60% of CA's traffic fatalities were alcohol-related. There were 4,615 total roadside fatalities, 2,799 of which were alcohol-related; and 2,484 of the alcohol-related fatalities involved drivers who tested over the state's legal limit of 0.08%.

Due to a variety of factors, including increased awareness of the dangers of driving under the influence in Los Angeles, stronger enforcement of DUI and seatbelt laws, and better car safety engineering, alcohol-related fatality rates plunged over the next several years, even as the total number of California roadside fatalities increased. The high watermark hit in 1987, when 5,504 died on California's roads -- 2,961 of whom did so in alcohol-related crashes.

Over the next eleven years (1987-1998), both the total number of fatal accidents and the number of alcohol-related fatalities declined, bottoming out in 1998 at 3,494 (total) and 1,367 (alcohol-related). This decline could be almost entirely accounted for by the decline in alcohol-related fatalities.

Unfortunately, over the next seven or eight years, the downward trend reversed itself for both total and alcohol-related fatalities. By 2005, the numbers rose to 4,329 (total) and 1,719 (DUI related). Since the 2005 high water mark, however, the numbers have reversed yet again. In 2008, there were only 3,434 total fatalities on the road, of which only 1,198 were alcohol related.

Of course, analyzing statistics like these can lead to misguided conclusions. It is very difficult to tease out cause from correlation. Even when you have good statistical data, and you can identify strong correlations between two variables, to prove cause requires a much higher logical burden of proof.

Not all DUI related fatalities are charged as felonies. Some accidents can result in charges of DUI vehicular manslaughter. Other accidents can lead to charges of gross vehicular manslaughter. Still others -- so-called Watson Murders -- can be DUI murders.

To respond effectively to any of these charges, you likely need a trial-proven lawyer to help you.

Continue reading "Southern California DUI Fatalities Trending Downwards over Past Several Years" »

Ryan Jenkins, the reality star whose slight brush with fame on television, killed himself after Southern California prosecutors filed murder charges for the death of his ex-wife. Just over one week ago the body of Jasmine Fiore had been found in a dumpster in Buena Park, California. The body had been mutilated with her hands and teeth removed. Then the rest of the body was stuffed into a suitcase and placed in a dumpster A well known top-notch Southern California criminal defense attorney indicated that by removing certain body parts, murder suspects are often able to slow down the identification of a victim. The slower the identification, the more time for escape.

This time there was a slight twist in the identification. While Fiore's limbs and teeth were removed, investigators were able to identify the decedent by the serial numbers on her breast implants. The quick identification resulted in the police naming Jenkins as a suspect before he could even leave his Southern California crime scene.

According to police experts, Jenkins was seen in an SUV heading north towards Canada pulling a boat. A few days later the boat was known to have left the United States and had docked in British Columbia.

Jenkins' body was found in the motel room where he had been hiding. He killed himself by hanging. This, after Orange County officials had filed murder charges against him for the violent crime of murder in the death of Fiore.

Jenkins, who had wished for stardom and fame found that he had become a celebrity outlaw, rather then the reality star that he wanted to be on VH1's "Megan Wants A Millionaire."

Continue reading "Southern California Reality Star Murderer Kills Himself In A Real Way" »

Three days after a former model's body was found stuffed in a small carry-on suitcase, the facts are beginning to appear more clear. Jasmine Fiore, 28, an aspiring real estate agent and former model was found dead as a result of murder......the person of interest, her former husband. The purported suspect, Ryan Jenkins, was a two time reality star who always wanted attention and the limelight. Now, he has suddenly disappeared and is in need of a Los Angeles criminal defense lawyer. All of the facts are not yet known. What is clear is that the Jenkins and Fiore had a brief, but stormy relationship.

Fiore and Jenkins were last seen at a poker game in San Diego. On Saturday, Jenkins reported missing to the Los Angeles County Sheriff's Department. Shortly thereafter he disappeared completely off the face of the earth. Based upon circumstantial evidence, Jenkins should seek the advice of a pre-filing Los Angeles criminal defense attorney.

They met in March of this year in Las Vegas, spent two days together and then got a Vegas "quickie" marriage. Things apparently did not last too long. After arguing constantly, Fiore filed for an annulment from the marriage. That stormy marriage resulted in a criminal filing of domestic violence against Jenkins. Jenkins was charged with misdemeanor battery. He was scheduled to go on trial this December for the violent crimes he committed against her.

Jenkins also had a criminal charge in his home country of Canada. In January 2007, he was given probation for an assault charge.

The victim's mother indicated that Fiore and Jenkins had been fighting recently over her past boyfriends. Apparently, he was jealous of the fact that Fiore had always remained good friends with people that she had previously dated.

Jenkins was just beginning his new career of attempting to become a reality star. He had just appeared on three episodes of "Megan Wants a Millionaire." He was identified as a wealthy investment banker bachelor on the series. However, now he has disappeared

Preliminary results show that Fiore was murdered by strangulation. The final autopsy report is pending and until it is released, the cause of death is officially undetermined.

Continue reading "Los Angeles Reality Star is Sought by Police for Murder in Buena Park" »

Former Tennessee quarterback, Steve McNair, who was found this past Saturday shot and killed in his girlfriend's apartment was determined to be murdered. Also found dead was Sahel Kazemi with one gunshot wound to the head.

From the very beginning, investigators were very quiet about what happened while they were waiting for results from tests completed immediately after the bodies were discovered. This morning, those same investigators announced their conclusion that McNair's girlfriend murdered the football player and then turned the gun on herself. Top criminal defense attorneys assisted in the investigation

At a news conference, Police Chief Ronal Serpas made the announcement that Kazemi, 20, was extremely depressed over mounting personal problems. Apparently, financial problems and a recent DUI arrest contributed to the stress. But, the final straw was learning that McNair was married.

Police stated that they believe that Kazemi approached McNair while he was asleep on the couch at a rented condominium at 1:45 AM on Saturday. She raised the gun and shot him once in the left temple, then pointed the gun to his chest and shot him two more times. The final shot was to his left temple. Then she shot herself in the head after positioning herself that she would die in his lap.

The evidence pointed to McNair being asleep because it appeared he did not raise his hands to defend himself. Recent advances in forensic testing allows law enforcement to tests for Gun Shot Residue (GRS). The residue is the burnt gun power that is discharged when the gun is fired.

Continue reading "Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself" »

After two trials and well over a week of deliberations, music producer Phil Spector was convicted of second degree murder in the Los Angeles shooting death of actress Lana Clarkson. Spector, 69, was immediately remanded into custody by Judge Larry Paul Fidler.

The producer was quiet as usual when he arrived in court. As the verdict was read he looked straight ahead and did not show any emotion. The six-man, six-woman jury began deliberating on March 26, 2009, after a 5 month trial. This was the second trial for Spector whose first trial ended in a hung jury. Alan Jackson, the prosecutor, tried both cases. The facts presented in both cases was primarily the same. This time the jury seemed to take the evidence of Phil Spector's quirky behavior of pointing guns at the heads of woman who he dated, but refused to sleep with him, as evidence of his implied malice.

As soon as the shooting occurred back in 2003, Spector immediately hired his pre-filing Los Angeles defense attorney. The reason to do so is that a Southern California criminal defense attorney can make the difference between the police immediately gathering all of the evidence and destroying the crime scene, and a representative of the accused being able to begin the process of preparing a strong and capable defense.

Spector was convicted of second degree murder. The crime carries the a penalty of 15 years to life in prison. In order to prove this crime the prosecution must prove that at the time he shot Ms. Clarkson, he knew the dangers of his actions and then proceeded to handle the gun in a manner that was careless as to human life. The standard of proof is very high. The prosecution must prove this crime beyond a reasonable doubt. That is the highest standard there is in any court.

Continue reading "Phil Spector Guilty Of Murder of Lana Clarkson in Los Angeles" »

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.

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" »

A man dressed as Santa Claus opened fire at his relative's house in Los Angeles suburb of Covina killing 9 people and then shooting himself after going to the house at almost midnight. The shooter then set fire to the scene starting a Los Angeles arson and then fled the scene, traveling 40 miles to Sylmar, California and then killed himself. Had the gunman lived, he could have been charged with a Los Angeles murder. In fact, he could have faced capital murder charges, also called murder with special circumstances. In California, a person that commits murder in the commission of a Los Angeles arson crime, could be charged with the death penalty. In addition, the special circumstances of the multiple murders also could lead to the death penalty. These crimes are defended by a Los Angeles homicide crime defense attorney.

Continue reading "Christmas Eve shooting in Los Angeles Suburb of Covina Ends with Arson" »

A Los Angeles driver of a Bentley Continental was shot and killed late at night this week while driving on the 101 freeway near downtown Los Angeles. While shootings and murders are not uncommon in this Southern California city, violent crime rates with the use of weapons had recently been published as falling significantly.

Now that the person who committed this violent crime needs to contact a Los Angeles violent crimes defense attorney who has extensive experience on handling both Southern California murder cases, and who practices as a Southern California weapons crime defense attorney.

Now that the victim died, the person who pulled the trigger, or the person who knowingly drove the vehicle with the shooter inside, could be charged with murder. Shooting from a motor vehicle is a capital crime if convicted the person could be charged with the death penalty, also called capital murder.

The person who either committed this crime, or who helped in any way needs to contact a Los Angeles pre-filing criminal defense attorney. There may be several defenses to this crime, but the police will be looking to pin a murder case on who ever was involved. Even though violent crime has recently fallen, there are still many murders occurring in the Los Angeles area.

In fact, almost all of the serious crimes, except Los Angeles DUI charges handled by a Los Angeles DUI defense attorney, had been falling in recent years due to increase policing activities by local law enforcement. The unnamed motorist was driving his $200,000 vehicle on the highway when he crashed into the center median. Other cars stopped to render aide, but found that the driver had not been in just a simple car wreck, but had been peppered with bullets.

The crime scene that ensued snarled traffic in excess of 8 hours. Police state that a 25-year-old man was driving the luxury car on the freeway and was found unconscious and riddled with bullets. He was in critical condition and not expected to live when he was admitted to the hospital. He later died.

Police could not find any reason for the murder, nor were there any clues as to who was the shooter(s). Police are now turning to traffic and security cameras to see if the crime was caught on video. Police are clueless if this was a random shooting or a gang murder.

Continue reading "Los Angeles Celebrity Car Peppered with Bullets on Southern California Highway" »

Mark Ruffalo's brother was found dead in his Beverly Hills apartment after a gunshot killed the young man in this Los Angeles city. Scott Ruffalo, 39, was pronounced dead at Cedars Sinai Medical Center. A woman that was wanted for questioning was initially arrested and held with no bail. According to those in the know, her Los Angeles criminal defense attorney met with the detectives from the Beverly Hill s Police Department.

After a careful review of the facts, the woman,Shaha Mishaal Adham, known to be a Saudi princess, was released from custody. Apparently, she was scared and left the location of the shooting after she went to Ruffalo's residence to retrieve keys to her SUV.

Police learned that Ruffalo was playing "Russian Roulette" with a hand gun when the gun went off. Facts now show that the woman was not involved, but merely was a witness to a horrible crime.

Continue reading "Actor Mark Ruffalo's Brother Dies From Gunshot in Los Angeles" »

A homeless encampment in the City of Long Beach was rocked this past weekend when 5 bodies were found murdered. The victims all were homeless people who lived or frequented underneath a busy freeway were shot to death.

One of the major problems is that the first heavy rain of the season may have washed away important evidence from the killings of the three men and two women. The area is not one of the best neighborhoods in the city. Often the area is used for narcotics sales.

Once arrested the suspect(s) will face murder charges and most likely the special circumstances of multiple murder, making the punishment potentially the death penalty. The person or persons who might have committed this crime should hire a Los Angeles Violent Crimes defense attorney. Early retention of an attorney is a must when facing these types of charges. There may viable defenses and witnesses. The longer the delay in hiring an attorney, the greater the chance the evidence will be lost or vanish.

Murder charges may now result from the Marek Fire in the San Fernando Valley. Fire officials came across the charred body of a homeless man and his dog trapped in an out building after clearing the fire away from one portion of the Valley. If this fire was purposely set, then the person who set the fire may be charged by the Los Angeles District Attorney's Office with murder with special circumstances. In plain language that means that the person who set the fire could be given the death penalty.

Law Enforcement has stated that the man apparently died as a result of smoke inhalation. His body was found in a small building along with his dog. The fire has now jumped the 118 freeway and threatening thousands of homes in the area of Porter Ranch. Over 3000 homes are threatened.

What began as a suspected arson has been elevated to a murder charge if the person who started the fire is caught. A Southern California criminal defense attorney is best suited to counsel and represent any person involved with this fire. An aggressive attorney who has previously worked as a senior trial prosecutor for the District Attorney's Office, and has prosecuted arson and murder cases previously may be in the best position to assist someone charged with these crimes

We all know how horrible the economy has become in the last few weeks, but for one unemployed man the fear of unemployment and his huge debt resulted in his shooting and killing his entire family in the San Fernando Valley, a suburb of Los Angeles.

Karthik Rajaram, aged 45, murdered his 70 year old mother-in-law, his wife and their three sons. The police were sent to the house in Porter Ranch in the San Fernando Valley in order to conduct a wellness check. These checks often occur when someone does not show up for work or a scheduled meeting. When the police arrived they found the entire family shot to death.

Continue reading "San Fernando Valley Man Murders Entire Family and then Himself" »

Only a few minutes ago OJ Simpson , and his co-defendant were convicted of 12 different felonies. As most people know 13 years ago the Los Angeles County District Attorney's Office unsuccessfully tried Simpson on double murder charges. He was acquitted of all charges and was immediately set free. Soon thereafter he moved to Florida.

Simpson was never able to stay out of the news. Repeatedly he was hauled into court to face one charge or another however there was never a conviction. That all changed today. Simpson and his co-defendant, Mr. Stewart, now face a minimal of 15 years to life for the crimes that occurred at the Palace Station Hotel and Casino. Simpson is currently 61 years old. That means that Simpson will be at least 76 years old before he is eligible for parole.

Simpson faced a dozen charges stemming from a conspiracy between Simpson and five associates . They all stormed into the room of a sports memorabilia collectibles dealer. Many of the items that Simpson was convicted of stealing were given by Simpson to the dealer to avoid paying the multi-million dollar civil judgment . That Judgment was owed to the Goldman and Brown families after he was convicted in civil court in the deaths of Ron Goldman and Nicole Brown Simpson. All but one of his associates pled prior to trial, many of them ended up testifying against Simpson.

Continue reading "OJ Simpson Convicted 13 Years To The Day He Was Aquitted In Los Angeles of Double Murder" »

In 1994 Nicole Brown Simpson and her friend Ron Goldman were brutally murdered in Los Angeles California and OJ Simpson was tried and acquitted of those crimes. Now it is 2008, and OJ Simpson is now on trial in Las Vegas for kidnapping and robbery. The court and the attorney's are trying to question the prospective jurors to see if they will be able to put their thoughts about OJ Simpson aside to give him a fair trial. Both Kidnapping and Robbery are considered violent crimes, and the penalties are sever. Both are serious felonies.

Continue reading "Will OJ Simpson be convicted in Vegas because Jurors think he committed murder in Los Angeles" »

This past week a 15 year old boy in Montebello, CA, a suburb of Los Angeles, was charged with two counts of murder for the shooting death of a man and his 12 year old son at a graduation party. The Los Angeles County District Attorney's Office charged the minor as an adult and filed 2 counts of murder with the use of a gun against the teen.

In California, the prosecution may file adult charges on a minor that commits certain violent crimes. One of those crimes of course is murder. Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought is defined as an intent to kill. The LADA's Office also charged this minor with a gang allegation. The gang allegation is charged under Penal Code Section 186.22. This is used to prove intent and motive for the killing. For example, the prosecution wants to prove that the killing was intentional and was planned a head of time. This would make the level of murder 1st degree murder. The punishment for first degree murder is 25 years to life. The fact, as in this case, the defendant is charged with a second murder increases the penalty and punishment even higher. California criminal law allows for a person convicted of multiple murder to be sentenced to death or life in prison without the possibility of parole. Because the defendant charged in this crime is a minor, by law, he is not allowed to be given the death penalty and the judge would have to sentence him to life in prison without parole.

Because the defendant is also charged with shooting the two victims, he faces another 25 years to life for the use of the gun in each count. Therefore, the defendant faces a maximum sentence of life without the possibility of parole plus 50 years to life for the gun allegation.

Continue reading "Teen Charged as an adult with double Murder in Los Angeles" »