Los Angeles Criminal Defense Attorney Blog

Published on: August 17, 2009

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

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.

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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.

Published on: August 14, 2009

California Supreme Court Now Allows Los Angeles DUI Defense Attorneys to Contest the Validity of a Breathalyzer

by Michael Kraut

The California Supreme Court has given the go ahead to Los Angeles DUI defense attorneys to question the reliability of breathalyzers used in Southern California DUI arrests. The case, California v. Neal, was decided by the justices. This new ruling now allows top notch Los Angeles criminal defense attorneys to question the actual reliability of this test. For too long the common breathalyzer has been seen to be pretty much infallible by courts. This new ruling will allow the jury to hear from experts presented by the defense which will raise doubts as to the validity of the test.

Upon arrest, most police agencies take the Los Angeles DUI suspect to a police station and require a sample of either blood or breath. Now, the breath test results can be aggressively attacked.

It is extremely important if you are arrested in Southern California for driving under the influence that you immediately hire a pre-filing DUI defense attorney. That attorney can bring facts to the attention of the prosecutor which may lessen the potential charges. After the Supreme Court’s decision, a Pasadena DUI which resulted from a breathalyzer test can be attacked by an attorney.

Published on: August 11, 2009

Michael Douglas’ Son Arrested for Drugs Which Could Have Ramifications for the Family in Los Angeles

by Michael Kraut

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.

Published on: August 3, 2009

Transformers 2 Star Still on Probation for his 2008 Los Angeles DUI Arrest

by Michael Kraut

Actor Shia LaBeouf has much to crow about these days. His latest movie, Transformers 2, performed surprisingly well at the box office, notwithstanding its mixed critical reception. That said, the 23 year-old has some serious transportation problems stemming from his arrest last year for driving under the influence in Los Angeles. As recent paparazzi photos of LaBeouf strolling outside his gym attest, the actor cannot legally drive due to a court-enforced probation.

Nearly a year ago to date, LaBeouf got arrested for Southern California DUI after he turned his Ford pickup truck into oncoming traffic and struck another car. LaBeouf’s truck flipped over twice, and both his female passenger and the woman he hit sustained minor injuries. Fortunately, no one was seriously hurt in the crash. LaBeouf managed to get off with only a misdemeanor charge – a lucky break.

After all, as an experienced Southern California DUI defense attorney might explain, according to California Vehicle Codes § 23152 (a) and 23153 (b), individuals who injure others while driving with a BAC of 0.08% or above can be charged with a felony. In fact, had any of LaBeouf’s victims suffered “great bodily injury,” the actor could have faced three years in prison or more depending on the severity of the injury.

Published on: July 23, 2009

Medical Marijuana Will Now Be Taxed in California

by Michael Kraut

In these harsh economic times California and cities throughout the State are trying to find new ventures to tax. As we all know, taxes mean increased city services. However, most people do not want to pay more income taxes. Legislators and community activists have put their heads together and come up with a new way to raise money without much complaining.

The Oakland City Council put a measure on the ballot to tax legalized medical marijuana. The measure passed by over 80% of the vote. The measure allows for a 1.8% tax on the receipts for the City’s licensed cooperatives.

Medical marijuana became legal under proposition 215 and since then, the Federal government has agreed not to prosecute individuals who fully comply with State laws in California. The Los Angeles medical marijuana defense attorney who gives consultations on how to comply with State laws for the legal use of medical marijuana is able to assist his clients from becoming criminally charges because they violate the law.

Published on: July 22, 2009

Michael Jackson’s Doctor Has Office Raided After LAPD Asks For Los Angeles Search Warrant

by Michael Kraut

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.

Published on: July 20, 2009

Gold Medal Winning Olympian Arrested after Big Win — May Need Help from Arizona or Southern California DUI Defense Attorney

by Michael Kraut

On July 3, 2009, former WNBA Rookie of the Year Diana Taurasi was pulled over for allegedly driving under the influence in Phoenix. The Chino, California native plays for the Phoenix Mercury WNBA team. Prior to her arrest, she had never been charged with DUI in Southern California or Arizona.

Taurasi’s long and illustrious basketball career dates back to 2001, when she led the US Junior Olympics team to a bronze medal. In the 2004 Athens Olympics, she helped the Americans triumph over the Australians in the finals and secure gold medals for the U.S. squad. On the night prior to her arrest, Taurasi scored 22 points against the Seattle Storm and led the Mercury to a 12 point win (93-81) against their league rivals. Several hours after this victory, however, a police officer spotted Taurasi recklessly cruising the Phoenix, Arizona streets and pulled her over. According to reports, the officer noted that the suspect failed field sobriety tests and smelled strongly of alcohol. Had a competent Los Angeles DUI defense attorney been advising the WNBA star, he or she might have counseled Taurasi to cooperate better with law enforcement.

Since punishment for Los Angeles DUI can be so severe, defendants should understand the criteria by which officers evaluate DUI suspects. So-called “objective” symptoms of DUI can include: poor motor control; reckless or negligent driving; incoherent speech; smell of alcohol on the breath; fumbling and stumbling; non-sequitur storytelling; and slow reaction times.

The problem with judging Southern California DUI suspects based on the above criteria is that different individuals manifest different physiological and behavioral reactions to alcohol. A very tall woman like Taurasi, for instance, might process alcohol at a faster rate than might a shorter woman. Height, weight, metabolic predispositions, medications, and emotional state can all influence behavior.

Given how many variables can be at play in even seemingly straightforward Los Angeles DUI cases, defendants are well advised to connect with reliable legal representation. The Law Offices of Michael Kraut can provide uniquely effective services. Since Mike has had experience prosecuting suspects as well as defending them, he understands how prosecutors think and operate and can use this knowledge to develop practical solutions.

Published on: July 10, 2009

Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself

by Michael Kraut

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.

Published on: July 8, 2009

Three’s Company Star Joyce Dewitt Busted for a Los Angeles DUI

by Michael Kraut

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.

Published on: July 5, 2009

Medical Fraud Investigation in Los Angeles Continuing in Michael Jackson Case

by Michael Kraut

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.