Expungements

Published on: April 4, 2011

Southern California Medicare Fraud Red Flag: Massive Detroit Bust Alarms Doctors and Chiropractors in the Southland

As regular followers of this blog’s ongoing series on Los Angeles Medicare fraud know, the Federal Government has been stepping up its campaign to bust up Southern California insurance fraud and other white collar crimes – particularly Medicare and Medicaid related schemes.

Today, we’ll focus on a major news story out of Detroit, Michigan. According to the AP, Oscar Linares, a 53-year-old Michigan doctor, allegedly fraudulently billed Medicare for $5.7 million between 2008 and 2010. The Wednesday before last, authorities broke into Linares’ clinic, The Monroe Pain Center, and arrested the doctor.

According to reports from the Monroe Evening News, Linares’ Medicare fraud was unusually intense. He allegedly saw 250 patients a day – actually, he didn’t specifically “see” the patients, he had proxies see the patients and dole out prescriptions for controlled substances like OxyContin. Indeed, if more than 200 patients came in a day, employees allegedly would get bonuses!

Published on: October 7, 2009

Mel Gibson’s Los Angeles DUI Arrest Expunged

by Michael Kraut

Most people remember Mel Gibson’s 2006 ranting anti-semitic remarks during his Los Angeles DUI arrest. After pleading guilty early in the proceedings, he was convicted of driving under the influence. Since that time. Mr. Gibson plead guilty, paid all of fines, and successfully completing his Los Angeles DUI education course.

Recently, his Los Angeles DUI defense attorney filed a motion to expunge his criminal record. The law allows a person to file a complicated motion to remove their criminal record once they have successfully completed all of the terms of probation.

A California expungement actually creates a situation in which the previous guilty judgment that resulted in a criminal record, is withdrawn, and the case is dismissed.

California allows expungements in cases in which a person was not sentenced to prison or given a suspended prison sentence. If all the terms of probation are completed in a successful manner, then a Los Angeles expungement attorney can file and argue the motion.

If the court grants the motion then the person can honestly say that they have not been convicted of a crime. However, there are some consequences that remain even though the person’s record is cleaned. The conviction will still be used as a prior if the person is convicted of another offense. In terms of Mel Gibson, while his conviction was withdrawn and the case was dismissed, if he is charged with another Los Angeles DUI within 10 years, then the previous conviction will be used to enhance his punishment.

Published on: September 2, 2009

Warrant Issued For the Arrest of Bobby Brown…Is He in Los Angeles?

by Michael Kraut

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.

bobby%20brown.jpg

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.

Published on: April 3, 2009

Los Angeles DUI arrests are on the rise in Southern California

by Michael Kraut

Driving under the influence arrests are significantly on the increase during the past year. In this troubled economy city and State budgets are being balanced on the backs of both the young and old who drink and drive. For that reason it is important that the first thing to do after an arrest is to immediately contact a Los Angeles DUI defense attorney who handles driving under the influence cases in Southern California.

The risks to career, paycheck, bank account and harm to the future by having a criminal records are immense. Often times DUI arrestees believe that a well trained Los Angeles DUI defense attorney costs money. But the truth is, failing to hire an attorney could result in more sever costs in the long run. For example, if your DUI defense attorney is able to lower the charges and plead your case down to a “wet reckless”, the fines are significantly lower then a full DUI. The alcohol awareness course is shorter in duration, thus saving you more money, and in many cases your insurance premium may not go sky high. Thereby, your Los Angeles DUI defense attorney may have paid for himself by the reduced fines and costs.

Published on: January 21, 2009

New Beginning for Los Angeles and Southern California Criminal Law

by Michael Kraut

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.

Published on: December 25, 2008

Christmas and Holiday Wishes From Los Angeles and Southern California

by Michael Kraut

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.

Published on: December 20, 2008

Celebrity Crime and Show Business Meltdowns in Los Angeles Almost Done for 2008

by Michael Kraut

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.

Published on: December 17, 2008

Expungements in Los Angeles on the Increase

by Michael Kraut

The number of expungements being granted in Los Angeles and Southern California has significantly risen in recent years. Expungement is a legal word for cleaning up a criminal record. It appears that people charged with a Los Angeles DUI or other crime are now filing requests for expungements pursuant to Penal Code 1203.4 at a much higher rate then they have in the past. Why you might ask? Well in the past, criminal defendants were punished by the court and their criminal records became a part of who the person was from that time forward. Now-a-days, good upstanding people who had one or two convictions want to remain productive and not allow a conviction to ruin their life.

California courts have taken a new approach in handling these matters. The judges seem to realize that those people previously charged with a crime and having completed probation successfully are rehabilitated enough to clean up their criminal records.

If you wish to have your criminal record expunged, then you should contact a Los Angeles expungement lawyer. You will need to make sure that the attorney has experience in filing these motions and arguing them before a court. Often times the District Attorney in the courtroom will object to the expungement and it will take a capable lawyer to make the necessary legal arguments to convince a judge that you deserve the clearing of your record.