Los Angeles Criminal Defense Attorney Blog

Published on: September 29, 2008

Actor Heather Locklear arrested outside Los Angeles for DUI with Drugs

This past Saturday night actress Heather Locklear, well known for her starring role in Melrose Place, was arrested for driving under the influence of drugs near Los Angeles. The press is reporting that the former spouse of Bon Jovi was seen driving erratically when leaving a parking lot. She was later found by a CHP Officer stopped and blocking a highway in an upscale neighborhood.

As the CHP Officer spoke to Ms. Locklear, he noticed that she appeared under the influence of prescription drugs. She was arrested and booked for suspicion of driving under the influence of drugs.

California Vehicle Code Section 23152 makes it illegal to drive under the influence of either drugs or alcohol. Many people believe that the drugs must be illegal. That is not true. The code only requires that the person driving the motor vehicle be operating the car under the influence of a drug or alcohol.

Published on: September 10, 2008

Will OJ Simpson be convicted in Vegas because Jurors think he committed murder in Los Angeles

by Michael Kraut

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

Published on: September 8, 2008

Vice-President Pick Palin Under Investigation

by Michael Kraut

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.

Published on: September 5, 2008

Mischa Barton Admits to Rehab Program After Los Angeles DUI Arrest

by Michael Kraut

Movie star and actress Mischa Barton, 22, recently admitted that she checked herself into rehab after her December 2007, arrest for DUI in Los Angeles. Barton stated that by checking herself into rehab that it helped her get a reduced sentence. She stated that:

“It really helped in getting the more serious aspects of my case dropped because, you know, that’s what they want to hear; you’re not an alcoholic and you don’t have a problem.”

In April, 2008, with the use of a Southern California criminal defense attorney, Ms. Barton pled out the DUI case for 36 months of probation, fines and alcohol education classes.

Published on: September 4, 2008

Teen Charged as an adult with double Murder in Los Angeles

by Michael Kraut

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

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

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

Published on: September 2, 2008

Hurricane Gustav Causes Looting in LA

by Michael Kraut

Hurricane Gustav hit Louisiana on Monday just as expected. Government officials state that they had learned many lessons as a result of the poor response and preparation three years earlier when Katrina hit the gulf coast. This time crime was going to be handled more severely and immediately. Mayor Ray Nagin stated, “looters will go directly to jail. You will not have a free pass pass this time.

I am sure that everyone remembers watching the TV after Katrina when the news cameras caught footage of people looting stores, homes and even vehicles left on the street. Memories of the Los Angeles riots were rekindled in peoples minds as we watch as city residents broke windows and took items that did not belong to them

Published on: August 28, 2008

Medical Marijuana policy changed in Los Angeles and throughout Cailfornia

by Michael Kraut

This week the California Attorney General updated Medical Marijuana policy in Los Angeles and California. More specifically, after the passage of Proposition 215 there have been contradictions on how the Federal Government and California law enforcement officials treat medical marijuana dispensaries in the Los Angeles area as well as throughout the state. It seems odd that the state has passed laws allowing marijuana to be dispensed to those who legitimately need medical marijuana, but the Feds still prosecute those same sellers. This week things have changed on this issue once again. California Attorney General Jerry Brown has stated that he now believes that many “legal” dispensaries are not really operating legally.

Published on: August 25, 2008

Robbers attack shoppers on Melrose in Los Angeles

by Michael Kraut

This past week there was a new turn of events on the recent crime wave of robberies on Melrose Avenue in Los Angeles. For the eighth time in recent weeks a group of young men have held up shoppers taking their personal possessions and scaring these victims. Some news reporters have incorrectly stated that the culprits were committing armed burglaries.

In California, robbery is defined by Penal Code Section 211 as the taking of personal property of some value, no matter how slight, from the immediate presence of another person, by the use of force or fear. The force could be a gun or other weapon. The fear element means that the person being robbed felt fear for their safety, or the safety of another person. It is punishable by jail or prison and and fines.

There are two types of robberies, first degree robbery and second degree robbery. Robbery of the first degree is when the person commits a robbery as defined previously, but the robbery occurs either at an ATM, in the home of a person, or of a taxi or bus driver. The more common form of robbery is robbery of the second degree. These are all other types of robberies, such as street muggings.