Los Angeles Criminal Defense Attorney Blog

Prosecutors and top rated defense attorneys faced off in court today over the allegations of sex, lies and screenplays in the David Letterman extortion case. Extortion is a serious crime. A person convicted of this offense will most likely be sent to state prison for many many years. Extortion is defined as the use of either threat of violence or some other criminal means to cause any harm, including financial, to another person or their reputation, to obtain property from someone else with their consent.

In this case, Halderman is accused of threatening to divulge personal information about Letterman that could cause harm to the entertainer's reputation.

The case revolves around Halderman, a well known TV producer,whose wife had a long running affair with Mr. Letterman. Halderman is the accused extortionist who wrote a screenplay about Letterman's sex life with female staffers. The case stems from Halderman, who was angry over his wife's affair could not find any way to make his wife stop the relationship with the late night comic. Records indicate that he continually confronted his wife about ceasing the affair. She apparently apologized and committed to her relationship with Halderman. Things seemed to be mending between the couple until he found that she had not stopped the affair.

Halderman decided to take his revenge out on the keyboard. Penning a script about Letterman's hostile work environment. Then on September 9, 2009, Halderman delivered a portion of the script, which contained changed names, to Letterman's driver, with documents which corroborated Halderman's facts in the script. He then gave Letterman an opportunity to buy the script rather then see it made into a movie. Halderman met two times with Letterman's lawyers and in taped conversations in which he was recorded demanding money. Afterward, a check for $2 million was given to Halderman.

Halderman's criminal defense attorney indicated that their client was merely selling a screenplay and by filing the charges, the prosecutors were infringing on his First Amendment right of free speech.

Continue reading "David Letterman Is Informed That The White Collar Fraud Was Not What Halderman Intended When He Demanded Money To Keep His Mouth Hush" »

California laws appear to be getting more harsh for those charged with Southern California DUIs. Legislators in recent months have begun to amass together to bring sweeping changes to the existing DUI laws. As of today, the laws are fairly straight forward. Los Angeles DUI defense Attorneys who are former prosecutors, and have trained law enforcement officers, are well versed in the penalties in DUI cases. The DUI defense attorney who who almost exclusively handle DUI cases are often in the best position to ensure that these penalties do not fall on their clients' shoulders. Those charged and convicted with a first time Los Angeles DUI can expect the following to occur:

1. Driver's License suspended for 4 months.
2. Must enroll in a 3 month DUI alcohol awareness program.
3. Pay huge court fines.
4. Receive a criminal record.
5. Be placed on probation for a period of at least two years.
6. Have a public record of conviction.
7. Mandatory jail sentence.
8. Sky rocketing insurance rates.

Because these penalties are so sever, it is always recommended that if a person is stopped and arrested for a Los Angeles DUI, that they immediately hire a pre-filing DUI defense attorney. Often times the criminal defense attorney is able to raise legal questions so that charges are either reduced or in some cases fully dismissed.

Those charged with a second time DUI have significantly higher penalties. A second time DUI is determined by a person having been convicted of a DUI sometime within the last 10 years before the most recent DUI. The penalties include the following:

1. Mandatory jail sentence of between 4 and 10 days and a maximum of 6 months in county jail.
2. Dui alcohol school that lasts 18 months at a minimum or a maximum of 30 months.
3. Driver's license suspended for 2 years.
4. Court can mandate formal probation.
5. Court may order a DUI interlock device. This device will need to be blown into before your car can start. While this may not seem that inappropriate, if your job requires you to drive at all, you may likely be fired.
6. Huge fines from the court.
7. Loss of car insurance or significantly increased fines.

While these penalties are sever, Sacramento legislators are considering apply the Three Strikes Law to driving under the influence cases, making the penalties even harsher. The law makers are publicly upset about cases in which people have been convicted of eight or nine separate DUIs are still able to get back behind the wheel after their sentence is complete.

The most recent statistics from the California Department of Motor Vehicles indicate that almost 1,500 people were killed in DUI related deaths in 2007. In addition to those killed, well over 30,000 people were injured in DUI accidents during the same time period.

Statistics from 2006 point to an alarming increase in the rise of Los Angeles DUIs, as well as driving under the influence cases throughout Southern California and the rest of the State. The State reports in excess of 5,000 drivers had amassed four DUI conviction within the last 10 years.

Based upon these statistics, law makes are talking about instituting a Three Strikes type law which would permanently take these repeat offenders off the roadways. Tougher DUI laws are already being enacted. Beginning next year, first time DUI offenders In Los Angeles who are convicted of either Driving under the Influence of Alcohol or drugs in violation of CVC 23152(a) or of having a blood alcohol level in excess of of .08% in violation of CVC 23152(b), will have to have a ignition interlock device installed on any vehicle they drive.

Continue reading "California Legislators Begin to Call for DUI Convictions To Fall Under Three Strikes Laws" »

During the last several months, the Los Angeles County District Attorney's Office as well as State and local law enforcement have been working diligently to amass a group of Los Angeles fraud cases, medicare fraud cases, and Los Angeles white collar criminal cases against local lawyers and chiropractors. In the last week, two dozen professionals were arrested for white collar fraud cases throughout Southern California and Los Angeles. The lawyers and chiropractors arrested were alleged to have participated in a large scale auto insurance fraud ring that Nearly two dozen men and women, including lawyers and chiropractors, were arrested Tuesday, accused in a large scale auto insurance fraud ring that netted hundreds of thousands of dollars.

There were at least four lawyers and four chiropractors that were arrested during the raid. The auto insurance fraud division of the DA's Office is prosecuting the case. Top rated white collar criminal defense attorneys are being hired to handle these fraud cases.

The lawyers and chiropractors are accused of ripping off over a dozen insurance companies by filing false medical claims and lawsuits. The case has grown to involve more then 28 defendants and may involve a conspiracy that involves in excess of 300 suspects.

The Los Angeles white collar fraud charges stem from a series of Los Angeles grand theft charges, including grad theft of personal property. The attorneys are charged with insurance fraud in Los Angeles County. One attorney also faces money laundering charges.

The charges of grand theft are in violation of Section 487 of the Penal Code. The prosecutors also added the the white collar enhancement under 186.22 of the Penal Code. This section allows for enhanced punishment if the suspect is convicted, including mandatory prison time.

Continue reading "White Collar Crimes in Los Angeles Nab Lawyers and Chiropractors in Fraud Case" »

Rising blood alcohol is a very viable defense in Southern California DUI cases. Before a person is arrested for a Los Angeles DUI, they are usually given what is commonly known as field sobriety tests. After the tests are completed, the officer often will ask the DUI driver to take what is known as a preliminary alcohol screening (PAS) test. This is a little handle held device used to measure the blood alcohol content of the driver.

In the old days, this test was not admissible in a court of law. Changes in the evidence code and the accuracy of the device has now allowed DUI prosecutors to use the PAS test in their case before a jury. After a person is arrested for a DUI they are usually taken to the police station or the a hospital for a chemical test. The test can be either a DUI blood test, or a DUI breath test. These tests also measure the amount of alcohol in the driver's blood.

Some people get very scared when they see the results of a the blood test. in many cases the PAS test result is lower then the blood or breath test taken at the police station. Once the test results are known to be 0.08% or greater,then the person is going to be charged with driving under the influence of alcohol in violation of CVC 23152(a). In most cases the person will also be charged with CVC 23152(b), having a blood alcohol level in excess of 0.08%.

The issue that now arises is what was the person's blood alcohol level at the time they were driving. He know that the results of the PAS test are lower then the secondary tests. Therefore, the blood alcohol level is rising and the results may not be the BAC level at the time they were driving. This theory is based upon the scientifically proven rising blood alcohol DUI defense. Top notch Los Angeles DUI defense attorneys know how to use this evidence to the benefit of their clients.

Most experts say that a shoot of alcohol or a beer take approximately 50 minutes to be fully absorbed into the blood stream. So the trick for the prosecution is to try to get expert evidence to determine what the BAC level was at the time of driving, not when the test are taken at the police station.

The argument then becomes, if a person has a BAC just over 0.08%, then they may not have violated the law when they were actually driving.

Continue reading "Rising Blood Alcohol Defense in Los Angeles DUI Cases" »

Police investigators in the Michael Jackson case are almost ready to present their case to the Los Angeles County District Attorney's Office for a formal felony criminal filing. Sources within law enforcement are focusing their sights on Dr. Conrad Murray. As of the date of this blog post, Dr. Murray is reportedly the only target of the investigation.

Dr. Conrad Murray has been implicated in the death of the pop star by infusing Michael Jackson with Propofol, a very potent anesthetic drug, to help him sleep.

This blogger's sources indicate that the the Los Angeles Police Department had been consulting with the Deputy District Attorney's from the Target Crimes Division since shortly after the pop star's death. Only recently did the case get transferred to the Major Crimes Division for felony filing consideration. This is the group that prosecuted OJ Simpson and other famous people.

The LADA is not the only government agency investigating the death of Michael Jackson. California State Attorney General Jerry Brown has announced that he will be reviewing the prescriptions written to the pop star to see if there were any violations of law. It is illegal to write a prescription for a person in a name other then the patient's true name. Many of the pill bottles seized from the Jackson compound on June 25, 2009, the date that Jackson died, had fake names.

Continue reading "Dr. Conrad Murray Will Likely Be Charged in the Michael Jackson Case Which is to be Presented to the Los Angeles District Attorney's Office" »

Celebrity singer and husband to Whitney Houston is wanted for a warrant issued by a judge. Some people think that he is hiding in Los Angeles, California. A Massachusetts judge issued a warrant for the arrest of Bobby Brown after he failed to pay child support. Brown was previously ordered to pay $45,000 in child support to the two teenager children he has from a previous relationship with his former girlfriend, Kim Ward.

The law surrounding warrants in Massachusetts is almost identical to a Los Angeles bench warrant. There are two different ways in which a bench warrant can be issued for the arrest of a person. The first is if a person is wanted for a crime. The judge will issue an arrest warrant. Once that is issued then law enforcement will arrest you and take you into custody. The second way a warrant can be issued is if you were supposed to be in court, or were ordered to do something by a judge and you failed to perform satisfactorily.

A warrant should be cleared as soon as you become aware of one being issued. Otherwise, you might not be able to get the best result on a case. In Los Angeles, a warrant while on probation could harm your chances to have your case expunged after you have completed a grant of probation.

A Los Angeles bench warrant attorney is be able to assist you in getting the warrant recalled and quashed as well as able to help you get a Los Angeles expungement.

Continue reading "Warrant Issued For the Arrest of Bobby Brown...Is He in Los Angeles?" »

The Los Angeles County Coroner released the autopsy results in the Michael Jackson case. They ruled that the pop star's death was a result of a "homicide". From the very beginning, leading Los Angeles criminal defense attorneys were indicating that the death must first be determined to be a homicide before any criminal case could proceed.

As stated in the autopsy report, the death was the result of "lethal levels" of the powerful anesthetic Propofol. This information was released in a search warrant affidavit that was unsealed today in Houston, Texas. For weeks, there had been speculation that the Coroner already had the results but was asked to delay the release until the criminal investigation could unfold.

From the beginning, Dr.Conrad Murray has been the focus of the violent crimes investigation. As recently as last week he placed a video of himself on Youtube with an explanation of some of his actions.

Dr. Murray had been Jackson's personal physician for most of the last year. It has been leaked from the investigation that Murry told Los Angeles Police Department detectives the had been treating Jackson for insomnia for approximately 6 weeks before his death. He admitted that he had given Jackson 50 Milligrams of Propofol, also known as Diprovan, by intravenous drip.

Police reports indicate that Dr. Murray had administered several drugs, other then propofol, throughout the night. These drugs, according to Dr. Murray, did not have their intended result and finally at 10:40 AM he administered 25 milligrams of Propofol to Jackson. Dr. Murray claims that he monitored Jackson while he was on the drug and left his bedside for 2 minutes to go to the bathroom.

Police reports indicate a far different set of facts. According to police documents, Dr, Murray left Michael Jackson alone for significant periods of time while he called his office in Houston. It was during this time that Jackson stopped breathing and Dr. Murray began CPR to attempt to resuscitate Jackson. Jackson was rushed to the hospital where he was later pronounced dead. Within Dr. Murray's medical bag officials found Propfol, as well as other drugs.

In order for the Los Angeles County District Attorney's Office to file involuntary manslaughter charges, they will need to show that the standard of care by Dr. Murray fell well below the acceptable and appropriate actions for a reasonable person in his situation. One of the factors that the prosecution may be considering is the warning label of the drug. Manufacturers of Propofol indicate that the drug should be used only by licensed anesthetists and in a hospital setting so as to be able to intubate the patient if necessary. Here that was not done.

It is expected that charges will be perused in this case against Dr. Murray as well as some of the other treating physicians.

Continue reading "Los Angeles Death of Michael Jackson Ruled a Homicide" »

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" »

One of the first criminal prosecutions arising out of the settlement between the United States and the Swiss bank UBS, the second largest wealth manager, has just occurred in Los Angeles this week. The Federal government had sued the Swiss bank in order to gain access to the names of Americans who had participated in Los Angeles white-collar crimes by not disclosing assets as a well as tax evasion.

The prosecution of Malibu resident, John McCarthy, occurred after UBS disclosed 250 names of U.S. residents who had illegally transferred money out of the country and hid the money at the Swiss bank. The Feds filed the lawsuit in order to compel UBS to turn over the names of 52,000 Americans who were suspected of hiding in excess of $13 billion of money and other assets. Because of the number of names that are sought for possible prosecution, and the extent of possible criminal charges, it is important to hire a pre-filing Los Angeles criminal defense attorney. A top-notch criminal defense attorney will be able to counsel his client on the best way to either comply with the law, or get amnesty for previous improper acts.

The settlement reached with Swiss banking authorities resulted in UBS paying $780 million in fines and turned over 250 U.S. names and information concerning those, and other individuals that used the banks services. Based upon this information, McCarthy was charged with tax evasion and secreting assets into the Swiss bank without disclosing those assets. Prosecution of these white-collar crimes in Los Angeles and Southern California are increasing as the Feds come close to the end of an amnesty period that ends on September 23, 2009

White-collar prosecutors will aggressively seek cases against those who do not come clean before that fateful date. McCarthy faces up to 5 years in prison and $250,000 in fines, and full restitution. He will appear in a Los Angeles court on September 14, 2009.

Continue reading "Los Angeles White-Collar Crimes About to Be Charged Against UBS Clients in the United States" »

Michael Douglas' son, Cameron Douglas, was in a Federal courthouse when his girlfriend attempted to smuggle drugs to the actor's son. This past Monday Kelly Sott visited her boyfriend at the courthouse. During the visit she was caught trying to smuggle the young Douglas heroin. As soon as she was caught for her drug crime, she should have immediately hired a Los Angeles drug crime defense attorney. One of the most important things that can happen when an arrest or an investigation begins is to hire a pre-filing defense attorney that can represent a suspect early on in the proceedings.

Cameron Douglas was in the court facing Federal charges for a meth bust. Sott was arrested when she attempted to pass him an electric toothbrush filled with dime bags of the deadly drug.

In California, as in most states, it is illegal to pass a narcotics to a prisoner. The result, prison for the convicted felon.

Continue reading " Michael Douglas' Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles" »

The Los Angeles Police Department is spearheading the investigation into the pop star's death. Recent leaks in the investigation have pointed into the direction of repeated overdosing of Michael Jackson by his many close physicians. However, the focus of the investigation seems to be pointing to Jackson's personal physician, Dr. Conrad Murry.

On Wednesday, July 21, 2009, The Drug Enforcement Administration raided Dr. Murry's Houston office. Armed with a search warrant, they entered the office and took numerous items. Accompanying the DEA were Los Angeles Police Department detectives assigned to the Jackson Investigation. Murry was with the singer at the time of his death.

Because of the scope and extensiveness of the Los Angeles investigation, it would be wise for Dr. Murry, or any other medical professional to immediately contact a Los Angeles Pre-filing criminal Defense Attorney. The skills of a former Los Angeles criminal prosecutor can be very helpful to anyone under investigation. Los Angeles criminal defense attorneys who are former prosecutors often have conducted similar investigations and know how best to protect the suspect from further harm.

Continue reading "Michael Jackson's Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant" »

July 4th has always been a priority for law enforcement looking to bust people for a Southern California DUI. This year was no different then any other. In El Segundo, a suburb of Los Angeles, there was a DUI check point which caught Joyce Dewitt. As she approached the Los Angeles DUI check point, an officer smelled alcohol on her breathe and she was given field sobriety tests which she failed. Dewitt was arrested, posted bail and then was released.

Now that she is out of jail it is crucial that she immediately hire a pre-filing Los Angeles DUI defense attorney. The reason she this is so important is because when the prosecutor looks at the reports and has to make filing decisions, the reports that are read are only those written by the police. A former prosecutor that now practices Los Angeles DUI defense, can intercede on your behalf. Then the prosecutor has both sides of the story to review before any filing considerations are made.

The results, if a Southern California DUI is filed, can be disastrous. I first time DUI can result in a jail sentence as long as 6 months, huge fines, a suspension of your driver's license, and an alcohol education course that is not only expensive, but very time consuming.

Continue reading "Three's Company Star Joyce Dewitt Busted for a Los Angeles DUI" »

The Federal authorities and Los Angeles law enforcement are combing through vast amounts of evidence to ascertain whether there was Los Angeles Medical Fraud and Holmby Hills white-collar fraud in the death of singer Michael Jackson. Investigators have been looking at a total of five doctors who were writing prescriptions for the famous singer, some under fake names. Los Angeles pre-filing defense attorneys are making great headway in protecting their physician clients from potentially devastating results. It is very important if a professional is under investigation to immediately hire a top notch Los Angeles investigation defense attorney to manage the investigation in a parallel manner to law enforcement. Thereby, providing key evidence and witnesses who can either clear the professional from further harm to their reputation, or worse, a criminal filing and lose of license.

Dozens of prescription bottles have been found in the Los Angeles home rented for the singer since his death last week. The investigators have let slip that many of the bottles have no labels, other have names other then the singers true names. It has been reported that Jackson had been suffering from an addition to prescription pain pills for many years. In fact, the singers family has publicly come forward and blamed his many doctors for enabling the singer with these powerful drugs. One of the drugs of most concern to law enforcement is the drug Diprivan. The drug is one of the most power sedatives on the market. Usually only used in operating rooms by anesthesiologists in surgery. Some of the bottles in Jackson's home were full of the drug, while others were completely empty.

Continue reading "Medical Fraud Investigation in Los Angeles Continuing in Michael Jackson Case" »

Lindsay Lohan is being investigated for grand theft of the $400,000 worth of jewels from Dior she was wearing at her Elle Magazine photo shoot. Scotland Yard has been brought in to review the facts surrounding the lost jewels. The items, a diamond necklace and diamond earrings, were reported stolen right after she wore them on June 6, 2009.

According to sources close to the investigation, Lohan admired the jewels and asked if she could keep them. The jewels were not reported stolen for two days. At that time, Central London Police were notified.

Los Angeles grand theft crimes need to be defended by a Los Angeles grand theft defense attorney. People who are charged and convicted of a grand theft could be sent to prison for 3 years if the case is a felony. After release from prison, the person will be on parole and will have to be monitored. That is why if you or someone you know is being investigated for a South California grand theft crime, they should immediately hire a theft crime defense attorney who will handle the pre-filing investigation and assist that person early on even before the case is filed.

Continue reading "Lindsay Lohan Under Investigation for Grand Theft of Jewels in England" »

The DUI manslaughter case of Donte Stallworth ended this week with a surprise. The famous football player plead to a DUI manslaughter charge after he hit and killed a pedestrian in Miami on March 14 of this year. Stallworth was driving his Bentley with a blood alcohol level of .126, almost twice the legal limit. The legal limit in Miami for a DUI is the same as for a Los Angeles DUI, .08 by weight.

According to news result, Stallworth had been drinking and then ended up driving down the street when 59-year-old Mario Reyes jumped out between two parked cars trying to cross the street to get to a bus.

Most people were outraged by the low jail sentence of 30 days plus two years of house arrest. However, his pre-filing DUI defense attorney most likely made the difference in this case. By intervening early on his behalf, Stallworth was able to have his DUI attorney raise legal questions that may of given prosecutors pause in deciding how hard to fight this case.

In order for the prosecution to prove that Stallworth was driving under the influence, the District Attorney would need to prove beyond a reasonable doubt the following: 1) that he was driving with a high blood alcohol level, and 2) that while driving he committed an illegal act. Most Los Angeles DUI cases are proven when the driver crosses over the double yellow line, hits a parked car, or runs a red light. The very act of committing one of these violations is direct evidence of driving under the influence. Because the victim in the Stallworth case jumped into traffic, he might have contributed to his death and even a sober person might have hit him. Therefore, there were proof problems in the case and the prosecution decided to plead the case out for little jail time. Stallworth also paid the family of the victim for their loss and that also helped his case.

Continue reading "Donte Stallworth Gets 30 Days for DUI Death Case" »

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" »

Rookie Los Angeles Angels pitcher Nick Adenhart was killed on April 9, 2009 in the early morning hours by a motorist who was driving under the influence of alcohol in Southern California. Adenhart and two other people were killed in Fullerton, California, a suburb of Los Angeles, when a drunk driver broadsided their car. The driver of the Mitsubishi with Adenhart was 20-year-old Courtney Stewart, a student at California State University at Fullerton. The third person killed in that same car was Henry Pearson, a 25-year-old law student who some day wished to be a sports agent. Gallo, so far, has not hired a pre-filing Los Angeles DUI defense attorney who can begin to review the evidence against him and talk to the District Attorney's Office about alternative charges.

The driver, Andrew Gallo, 22, of San Bernardino ran the red light in the minivan he was driving. according to police sources. This was not Gallo's first Southern California DUI. Three years ago he was arrested and convicted of driving under the influence. At the time of this accident, Gallo was still on probation for his 2006 San Bernardino DUI. In addition, he was driving on a suspended license. He was caught fleeing on foot 30 minutes after the accident running on the shoulder of the 91 freeway.

The early morning crash happened when Gallo drove through a red light with three times the legal limit of alcohol in his blood. He broadsided the car that Adenhart was in, instantly killing the female driver and one of the passengers. Adenhart and another young man in the car were rushed to the hospital. Adenhart died on the operating table, the lone survivor is in stable condition after undergoing four different surgeries.

The Orange County District Attorney's Office announced that the 22-year-old Gallo would face three murder counts, one felony count for leaving the scene of an accident involving death or permanent injury, one count of felony DUI with injury, hit and run for leaving the scene of the accident, and a felony count of driving under the influence of alcohol with a blood alcohol level of .08 percent blood causing injury. The total number of years that Gallo can be imprisoned is 55 years to life. California allows for a murder charge to be filed by the prosecution in cases in which the driver drove with conscious disregard of the dangers and someone was killed as a result of an illegal act. This is called a Watson Murder.

Continue reading "Los Angeles Angels Pitcher Nick Adenhart Killed In Hit And Run DUI Near Los Angeles" »

United States Attorney General Eric Holder announced that Federal law enforcement will no longer target medical marijuana dispensaries in California that operate legally. That means that Los Angeles and Southern California medical marijuana defense attorneys will have an upper edge. For the first time in the history of the United States, Federal laws are no longer going to be used to prosecute a drug crime. President Obama announced during his campaign that medical marijuana prosecutions would no longer be a priority under his administration.

The new policy has a direct effect on the 13 states that have legalized marijuana laws. Of those 13, only California allows for medical marijuana dispensaries operate legally. Until now, the Feds have not acknowledged the existence of Proposition 215 enacted by the citizens of California in 1996. Also called the Compassionate Use Act, Prop 215, allows for those with a medical need to have a doctor "recommend" the use of marijuana to relieve symptoms.

Under the newly announced policy, the Federal Government will no longer target those individuals that do not violate state laws on marijuana. In order for a dispensary to be legal under California law, and thus immune from Federal prosecution, they must comply with the California Attorney General August, 2008, announcement of compliance as well as other laws.

A dispensary must seek guidance from a Los Angeles based medical marijuana criminal defense attorney in order to make sure that they are not violate the law. If the dispensary can operate legally, then the Feds will leave them alone.

California Attorney General Jerry Brown's position is that a medical marijuana dispensary must operate as a nonprofit cooperative. That means the marijuana must be grown by cooperative members to be sold without a profit to other cooperative members. Those members must all have a medical necessity for marijuana to treat their symptoms. The member must have a valid recommendation from a duly licensed doctor. The dispensary must be both licensed and pay taxes on its sales as well as provide security for the facility. There are dozens of other requirements that must be put in place prior to a person opening a legal dispensary.

Continue reading "United States Attorney General Announces New Committment To Avoid Prosecuting Medical Marijuana Dispensaries Who Operate Legally in Los Angeles and California" »

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.

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" »

I want to wish everyone in the Los Angeles and Southern California area who reads or is redirected to this Los Angeles and Southern California Criminal Defense Blog a Merry Christmas and Happy Hanukkah. This blog is now six months old and I am pleased that it seems to have helped so many people. I have received many comments from people around the area that they have been helped by the information here.

In an attempt to wrap it up for the year I want to make sure that people are safe for this holiday season. I also want those people people who get into a Los Angeles DUI that if they should be stopped by the police in at a Southern California DUI checkpoint, or by Los Angeles law enforcement, that a Los Angeles DUI defense attorney is available 24/7 to assist if you or a loved one.

Because Southern California DUIs are taken so seriously, you need to know your rights and responsibilities. Remember you do not need to take the Los Angeles Law Enforcement PAS test in the field. If you are stopped by the police make sure to be polite. If they ask you to take the Los Angeles field sobriety tests you must comply. But if they ask or demand that you take a PAS test you are allowed to refuse. It is the recommendation of this Los Angeles DUI defense attorney to refuse this test. It can only be used against you. If you blow a significant BAC then you will be arrested. If you are taken to the police station you will be offered a choice of the breath or blood test. The choice is yours. But try to delay the test as long as possible. The law requires that the blood test must be taken with a specific time. If it is not done within the allotted time then the results will be thrown out in court.

Continue reading "Christmas and Holiday Wishes From Los Angeles and Southern California" »

2008 is almost over and the star studded, celebrity crimes including Los Angeles DUIs, Southern California drug possessions, and other movie star crimes is in its final countdown for the year end.

In Los Angeles, celebrities not only entertain us in the movies, on TV and in theaters, but also on the nightly news. Just as there is a countdown to the top music hits and movies for the year, so do we countdown the top celebrity crimes and sex scandals.

A brief summary of those crimes are as follows:

Britney Spears, Paris Hilton and Lindsay Lohan have been the top eye catchers this year. Jail time, rehab time, and parenting counseling have led all stars to the front line of the blogging circuit. All have found themselves in the Los Angeles DUI headines being represented by top notch Los Angeles and Southern California DUI criminal defense attorneys.

Amy Winehouse may have won 5 Grammys this year, but she will always be remembered for her drug induced behavior including smoking crack cocaine and becoming thinner then anyone could possibly believe. Once again she attempted to find her way to rehab only to try, try again.

Actor David Duchovny made the news this year for his sex scandal followed by a confession that he was entering rehab to avoid falling into a hole of sex addiction. While Los Angeles sex crimes are waning in the last year, celebrity sex scandals are hitting an all time high. The role that Duchovny plays in his Emmy nominated role as sex-obsessed writer Hank Moody in Showtime's Californication, is eerily similar to his real life confessions. Oddly enough, he will be back again this year playing the same role on screen he is trying to vex from his system in his personal life.

Madonna did not escape the year of controversy when she was rumored to have a sex affair with the Yankee star Alex Rodriquez. This might not have seemed to be such a wild story but it was soon followed up by behind the scene statements that she and her husband of many years, Guy Richie, were breaking up.

Continue reading "Celebrity Crime and Show Business Meltdowns in Los Angeles Almost Done for 2008" »

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" »

Macaulay Culkin's sister died yesterday as a result of being hit by a car in the Los Angeles area. The driver of the car complied with California law by stopping, rendering aid, and identifying himself. Unfortunately, Dakota Culkin, the 29-year-old sister of the actor died as a result of massive head trauma at UCLA.

In many cases, the driver's in these types of accidents are so scared and confused by what happened, they often leave the scene of the accident. This along is a crime and can result in a state prison commitment. If you, or a loved on is involved in a hit and run accident, then contact Los Angeles criminal defense attorney Michael Kraut at the Kraut Law Group. It is important to call an attorney immediately, Often times hiring a pre-filing Los Angeles defense attorney can make all of the difference between being charged with a crime, or receiving an exoneration from the police and the prosecutors.

Continue reading "Macaulay Culkin's Sister Dies After Being Hit By a Car in Los Angeles" »

Jennifer Garner, wife of Ben Affleck, went to court in Los Angeles to ask a judge for a restraining order against a stalker who has been following her for several years. The stalker, Steven Burky, 36, is a well known mental patient who has been a drifter for several years. The judge called his name in court, but neither he nor Garner were in Court.

After reading the declaration submitted in the court documents, the judge granted the request. Burky has been harassing Garner, the star of "Alias" since 2002. He believes that he is the victim of satanic rituals and abuses when he was a child. As he grew older he turned to religion and became a born again Christian.

Burky is known to have followed Garner throughout the United States trying to meet her, sent her love letters, and has even turned up on her front steps. He left her a letter that can be characterized in no other terms then creepy. He commented in the letter that Garner's maid opened the door and even gave him her lunch.

In the declaration, Garner stated that she is scared for her family's lives. As of today's date Burky has not been charged with any crime. The order was issued on November 7, 2008. Soon thereafter the police were in contact with Burky and since that date he has been under psychiatric evaluation.

The Los Angeles County Sheriff's Department has admitted to the County Board of Supervisors that they have failed to test over 5,600 rape kits with evidence of sexual assaults and other crimes. However, those same officials also state that they are not sure of the total number of kits that have gone untested. The reason they do not know the exact number is that smaller cities and towns contract with the Los Angeles Sheriff's Department to test their rape kits and they have not reported the number of their untested items. Recently, the LAPD admitted to the failure to test in excess of 7,000 rape kits that they have in their possession.

The real fear is that if the tests have not been completed within 10 years of the date of the crime, then the statute of limitations will expire. After ten years, if the criminal is caught, the State may not prosecute the rapist. Therefore, Sheriff's Department will give priority to the rape kits that are the oldest.

Many people do not know what are in the rape kits, to clarify the contents, I will explain what is often in these kits. As a former senior District Attorney now defending serious crimes, I have learned that these kits often times contain body fluids, finger nail scrapings, DNA and other items used to identify specific individuals.

Once these items are tested and the suspect is identified, then the evidence from the rape kits will be used in a court to prove the identity of the rapist.

Continue reading "Los Angeles Sheriff's Department Admits That More Than 5,600 Rape Kits Have Not Been Tested" »

A very well respected Newport-Mesa sports coach who lives in Costa Mesa will not be charged with DUI after he was arrested on suspicion of driving under the influence in Costa Mesa after he was driving home from Los Angeles.

Laurence Draluck, 48, the Newport Harbor High School girls’ soccer coach, was pulled over in Orange County after he was driving erratic. Prosecutors declined to file the case stating that there was a lack of evidence. Most likely he was was represented by hiring a pre-filing DUI defense attorney who made sure that they were aggressive about pointing out the lack of evidence. Clearly, money not wasted by me Draluck. Had he been convicted of a DUI he very well could have lost his job.

Continue reading "Newport Harbor Coach Will Not Be Charged With DUI After Being Arrested After Returning From Los Angeles" »

A civil suit has been filed in Los Angeles by the passengers of the SUV that Lindsay Lohan drove the night she was arrested for DUI and drug possession back on July 24, 2007. The story began when Lohan's assistant and the famous star had an argument. The assistant fled and Lohan jumped into an SUV that had other passengers in the vehicle. As Lohan sped through the streets of Los Angeles giving chase in the SUV, she blew street signs and stop lights. The suit alleges that the passengers were "crying for their lives" and are now suing the star for the fear that they felt.

Lohan, who pled guilty after her arrest, has completed a rehabilitation program in Utah. Additionally, she seems to have gotten her life back together, began dating her current girl friend, DJ Samantha Ronson, and is currently working on her new album. The Southern California DUI defense attorney did an excellent job of helping his client get back on her feet.

Critics of those who filed suit ask why the men did not just get out of the SUV during the times when the stopped. The men are seeking $50,000 in damages.

Shia LaBeouf will not face DUI charges for his car accident in Hollywood this past July. The Los Angeles County District Attorney's Office stated that there was insufficient evidence to charge the 22 year old star of "Eagle Eye" and the latest installment of the "Indiana Jones" movies. At the time of his accident the Los Angeles County Sheriff's Department stated that he rolled his truck and seemed "impaired" after the crash. It is well known that immediately after the accident and he was taken to the hospital, where he stayed for several days due to an injury to his hand. While he was there he hired a pre-filing Los Angeles criminal defense attorney.

Shia LaBeouf refused a breathalyzer test at the scene of the crash, and was taken to the hospital where he remained for several days. Because the actor refused to take the breathe test, he could face a DMV hearing that could result in his driver's license being suspended for up to 9 months. But I am sure that because of good solid legal advice and the fact that he hired a DUI defense attorney immediately his license will not be suspended.

The Sheriff's Department stated that the accident was not LaBeouf's fault and the District Attorney's Office is still considering charges against the two other people involved in the accident.

Sarah Palin, the Republican pick for Vice-President is under investigation in her home state of Alaska for trying to have her ex-brother-in-law, who is a state trooper fired, has hired a pre-filing defense attorney. A pre-filing or pre-charging criminal defense attorney can make a huge difference. In Los Angeles, hiring a Southern California criminal defense attorney before charges are filed can make the difference between a case being filed or not against you

Recently it has come to light that Governor Palin was unhappy that the Alaska Public Safety Commissioner refused to fire the state trooper who was involved in a nasty divorce with the Governor's sister. Because the safety commissioner refused to fire him, Palin fired the Commissioner. An investigation then began into the Governor's actions in the matter. This could derail her chances of being the Vice-President, as well as result in sever actions against her as Governor of the State of Alaska.

Ms. Palin, knowing that she was under investigation, properly hired a criminal defense attorney to represent her in a pre-filing investigation. This is very smart since an attorney who is brought into a case prior to any charges being filed is often times able to stall the investigation long enough that the state can no longer take any action against the person being investigated. Another reason to hire an attorney pre-filing is that the attorney may be able to convince the state prosecutor that there should not be any filing, criminal or otherwise against the party.

I am sure that during the next few months it will become clear that the Governor's actions will be handled properly and in her best interest through her pre-filing criminal defense attorney