Los Angeles Criminal Defense Attorney Blog

Published on: January 25, 2009

Los Angeles Welfare Fraud Conviction Result in Serious Consequences

Three people, who were previously arrested for Welfare Fraud in the Southern California area around Los Angeles called Antelope Valley, have not been convicted and sentenced to serious time in custody. They were represented by a Los Angeles welfare fraud defense attorney who worked very hard to prevent the individuals from spending decades in prison for stealing from the welfare fraud system. Due to the exhaustive work of the attorneys, these people will serve little to no additional time in custody.

Authorities have stated that the individuals took enough money and benefits that they were not entitled to and used some of the money to purchase a very expensive house. They were convicted of welfare fraud and Los Angeles grand theft. In most cases those that commit a Southern California welfare fraud will be charged under the California Welfare and Institutions Code Section `0980(c)(2). In addition, most cases the fraud are committed by filing false documents under oath, a perjury charge will also be filed pursuant to Penal Code Section 118
Kim Johnson, James Earl Brown and Jacqueline Hervey, were all arrested in a one of the Counties largest fraud busts in recent history. These three individuals were convicted of stealing money from the Los Angeles Housing Authority, the Social Security Administration and the Home Social Services program. In total, over $400,000 was stolen.

It has become much more prevalent for those involved in welfare fraud to also file false claims for Section 8 funds. In this case, the three were able to accumulate over $100,000 in Section 8 funds in violation of the law. The heavy in the case, Johnson, was sentenced to 4 years in prison
In most cases, welfare fraud is committed by the filing of false documents with social service agencies which are responsible for dispersing large sums of money and other benefits to welfare recipients. The recipient commonly makes false statements as to assets in his or her possession, incorrectly declares the number of children in a household, makes false statements concerning whether they have other income being earned, and in some cases, the recipient claims they are the care givers for incapacitated persons and will be paid for those services, when in fact they are no doing so, or the person does not even exist.

The statute of limitations is 5 years from either the date the crime occurred, or when the fraud was discovered. The punishment for each count can be 5 years of state prison, parole or probation, full restitution for all of the monies illegally taken, the cost of investigating the crime by the State and law enforcement, a complete bar from every being able to collect social services again, and finally, being labeled for life as a criminal.

Published on: January 23, 2009

Medical Marijuana Dispensary License Revoked in Northern California, Is Los Angeles Medical Marijuana Next?

by Michael Kraut

The Northern California city of Alameda has revoked the license of a medical marijuana dispensary which has operated lawfully for several months. The owner of the Purple Elephant contests the revocation and believes that he is being harassed. Los Angeles medical marijuana dispensaries will need to hire a Los Angeles Medical Marijuana defense attorney in order to keep the scrutiny of their legitimate business at bay from the Federal Government which has stated that it will fully prosecute those that sell marijuana.

The Alameda City Manager sent the revocation letter because she believed that the owner of the dispensary had failed to disclose the true nature of his business on the license application. Additionally, the City Manager claims that the owner of the Purple Elephant did not obtain the required zoning clearance for the dispensary before opening. The owner has sought an appeal of the revocation. While the appeal is pending, the dispensary is allowed to remain open.

It is important for those that frequent Los Angeles medical marijuana dispensaries, or Southern California medical marijuana dispensaries, that it is still legal to use medical pot pursuant to proposition 215. This section was codified under Health and Safety Code 11362.5. This section states that a person may use medical marijuana if they have a doctor’s recommendation that they have a medical condition. The code also states that a person may cultivate pot for their own personal consumption as long as they do not sell it. Even though it is still legal under State law, the Federal Government has stated that it will fully enforce the Federal laws in United States District Court. That means that people who use marijuana need to keep in contact with a Los Angeles medical marijuana attorney to protect their interests.

Published on: January 22, 2009

Shia LaBoef Looses Driver’s License After Los Angeles DUI

by Michael Kraut

Super star actor Shia LaBoef was previously arrested for a DUI in Southern California in July of 2008. He immediately hired a pre-filing Los Angeles DUI criminal defense attorney who was able to meet with local law enforcement and prosecutors. These actions by his Southern California criminal defense attorney benefited the Transformers star. After initially stating that he would face DUI charges, the Los Angeles Sheriff’s Department stated that there was insufficient evidence to file criminal charges.

However, the California Department of Motor Vehicles still had jurisdiction to take action against his driver’s license pursuant to Vehicle Code Section 133532. Because he refused to take a breathalyzer test, the DMV filed a Los Angeles DUI refusal charge and his license was suspended for one year.

Many people do not know that when the the police have a reasonable suspension that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving.

If you refuse, then the DMV will suspend your license for one year. There is no possibility for a restricted license. It dos not matter if the prosecutor decides that there is not enough evidence to file criminal charges, the DMV still will suspend your license. A Los Angeles DUI defense attorney from the Kraut Law Group Criminal & DUI Lawyers, Inc. may be able to attack the refusal on several grounds. If, after a hearing , the DMV believes that in fact there was not a “valid” refusal, then your license will not be suspended. It is very important to immediately hire a Southern California DUI defense attorney who practices Los Angeles DUI, Pasadena DUI, and San Fernando Valley DUI law. There are complicated motions that can be filed that may protect your license. Some people thing that a private DUI attorney may cost a lot. However, in many cases, the cost of the private Los Angeles DUI attorney will be offset by the money saved by winning your case. Even a reduction of fees and costs or a plea to a lesser charge will more then pay for the attorney in money saved.

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: January 19, 2009

Heather Locklear’s Los Angeles DUI dismissed

by Michael Kraut

Heather Locklear had her DUI case dismissed after her Southern California DUI attorney was able to have the case reduced to reckless driving. Because her case was reduced from a DUI pursuant to California Vehicle Code Section 23152(a) and 23152(b), to a simple reckless driving, Ms. Locklear will not have to pay the more serious fines and court costs associated with the DUI charge. Instead, she will have to merely pay $700 in fines for the misdemeanor crime. She was also ordered to take a 12-hour drug education course.

Locklear was arrested last September for driving under the influence of prescription drugs. She was observed by a private citizen driving in an awkward manner. The woman called the police and the Melrose place actress was arrested for DUI.

Most people do not know that it is a crime in Los Angeles and throughout California to drive under the influence of any drug. The crime is driving under the influence of a drug, it does not matter whether the drug is an illegal narcotic, medical marijuana or a valid prescription drug.

When a person is arrested for a DUI because of having an blood alcohol content over .08 then the DMV will automatically suspend your driver’s license. However, if you are arrested for driving under the influence of drugs then the DMV will not automatically suspend your driver’s license. They will wait until the court proceedings are completed. If you are convicted of a DUI drug crime, then the DMV will take action against your license.

Published on: January 10, 2009

Charles Barkley Is Off the Air After He Gets A DUI, Now He Must Be Careful Due To The Severe Penalites Resulting From A Drunk Driving Conviction

by Michael Kraut

Basketball great Charles Barkley is going off the air after he is arrested for a DUI. While he was arrested in Scottsdale, Arizona, the legal limit for DUI is the same there as it is for a Los Angeles and Southern California DUI, .08 percent blood alcohol.

For personal reasons Barkley will be taking a leave of absence from sports announcing for at least several weeks,so that he can work on his personal problems resulting from the December 31st arrest.

TNT made the announcement only hours after the famous sports announcer was pulled over for a DUI. He failed his field sobriety tests after he was asked to step out of his car. Once he failed the tests he was then formally arrested and charged with DUI. According to reports, Barkley had been drinking at a local popular night spot and was pulled over as part of a DUI task force. Once he was taken to the police station he agreed to a breath test which indicated that he had a blood alcohol level (BAC) of .149 at the time he was driving, almost twice the legal limit of .08 in Arizona.

The consequences for a Los Angeles DUI or a DUI in Southern California can have major effects on a person’s life. It is important that a person stopped for a DUI their rights. That means when a person can resuse a breath test and when they cannot.

Published on: January 6, 2009

Patricia Arquette’s husband, Thomas Jane, arrested for DUI in Los Angeles

by Michael Kraut

In March of 2008 Thomas Jane, the actor married to “Medium” star Patricia Arquette, was arrested for a DUI in Los Angeles. This news was kept fairly quite because he hired a Los Angeles DUI defense attorney who knew how to manage both the Southern California DUI case, as well as the publicity that sometimes follows a celebrity crime arrest.

By hiring a pre-filing criminal defense attorney in Southern California you can increase your chances of successfully fighting your case. A Los Angeles DUI defense attorney, the actor is able to have his interests represented in an aggressive and sensitive manner.

The reason that anyone arrested for Southern California DUI should hire a Los Angeles DUI defense attorney is because the penalties are so severe in California. Even first time DUI convictions result in a jail sentence, a license suspension, a mandatory alcohol education course, huge fine to both the court and the alcohol programs. The person will also be on probation for a period of three years. During that probation period, if a Los Angeles DUI person is charged with another offense, then the court, on motion from of the prosecutor or the judge on its own motion, can institute a probation violation.

A probation violation does not require that a person is convicted of a new offense. Merely that they have violated the strict terms of probation. This can be used to revoke the probation and the person can face serious jail time. The court could even impose a full year in jail.

Published on: January 5, 2009

Violent crime down in Los Angeles and Southern California in 2008

by Michael Kraut

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

Published on: December 27, 2008

Christmas Eve shooting in Los Angeles Suburb of Covina Ends with Arson

by Michael Kraut

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.

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.