Los Angeles Criminal Law Blog

Riverside Kidnapping Trial

Posted on: October 31, 2009 at 3:34 a.m.

At Kestenbaum, Eisner & Gorin, our Los Angeles criminal defense attorneys also defend people in the surrounding regions, including Riverside County. Our Riverside kidnapping defense attorney team is comprised of criminal defense lawyers with a great deal of experience in criminal trials. We defend Riverside kidnapping cases often, and our track record is well respected in the legal community.

The trial for a 50 year-old Victorville man accused of a kidnapping have begun. Mark Herbert Warren is accused of attacking a Riverside woman in her home with a stun gun before handcuffing her, covering her head with a hood and putting her in a box in his van. Warren, a former contractor, left pictures of her restrained as well as ransom note behind for the woman’s husband, demanding $140,000 for her release. Warren was arrested just seven hours later when a local resident reported a suspicious looking van parked outside her home to police. Deputies investigating the van freed the woman and arrested Warren. He has been formally charged with a kidnapping for ransom, burglary and assault with a deadly weapon and is facing life in prison.

A kidnapping is a serious criminal offense in Los Angeles that is nearly always punishable by several years in a state prison. Kidnapping is typically classified as a felony criminal offense and counts as a “strike" under California’s “Three Strikes" laws, leading to longer prison sentences and harsher penalties for multiple felony convictions. Simple kidnapping, or kidnapping without asking for ransom, can generally garner a prison sentence of three, five or eight years, depending on the circumstances surrounding the crime. The kidnapping of children under the age of 14 is generally punishable by as many as 11 years in a state prison. Kidnapping for ransom or in connection with a robbery, as in Warren’s case, is sometimes referred to as aggravated kidnapping and is generally punishable by life in prison with the possibility of parole, in the case of a conviction.

Separately, burglary is the illegal entering of a building or home with the intention of stealing property or committing some other felony, which seems to have been Warren’s intent. Burglary alone in Los Angeles can land you in either a county jail or a state prison for two to six years.

If you have been charged with either burglary or kidnapping in Riverside, you are not without options. Consent or mistaken identity are both common and frequently successful defenses against kidnapping charges. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

Tagged as: riverside kidnapping defense attorney

Los Angeles Burglary Crime

Posted on: October 5, 2009 at 11:54 a.m.

An alleged Los Angeles burglary crime suspect was shot to death by Los Angeles County Sheriff’s deputies in Azusa this morning after he pulled a knife out.  The deputies were trying to arrest two suspected car thieves around 1:00 in the morning when the two suspects fled the scene.  After a short pursuit, deputies cornered one suspect, who then pulled out his weapon.  A deputy fired several rounds at the burglary suspect, who was pronounced dead at the scene.  His identity has not yet been released.  The second suspect has also not yet been identified and has yet to be apprehended by law enforcement. Theft is a broadly-used term in California that can be used to mean all manner of theft crimes.  A Los Angeles burglary is specifically the illegal entering a building or home in order to deprive the owners of their property by removing it.  Larceny is the removal of property from a person or place with the intent to deprive the owner of their property.  Larceny and burglary in particular deal with tangible items such as cars, jewelry, artwork or electronics items.  This is different from crimes that involve real estate or services, which are items that cannot be “carried away" by a suspect.  Theft crimes in Los Angeles can be charged as either misdemeanor or felony criminal offenses.  The difference in these cases is generally the value of the items stolen:  if the value is above $400, then the theft is considered Grand Theft and is nearly always a felony offense.  If you are found guilty of grand theft in Los Angeles, you could find yourself in either a county jail or a state prison for up to 16 months, as well as being sentenced to probation, parole, community service, fines, restitution or any combination of all six. Our Los Angeles criminal defense attorneys also wanted to share a word about dealing with Los Angeles law enforcement agents:  they can and will use potentially lethal force against you if you are threatening their safety.  If you find yourself being stopped (in any situation) by police, drop your weapon if you have one.  Do not run, because then they will have a reason to chase you.  If you are carrying anything that resembles a firearm or other weapon (even a something as common as a baseball bat), they can shoot at you, or even simply arrest you because they can claim that they were “in fear for their lives."  Police are legally allowed to stop you and ask you your name and address for pretty much any reason.  They can arrest you if they suspect you have committed a crime.  If they ask you anything beyond your name and address, ask to speak with an attorney first.  If you have been arrested or charged with a criminal offense, such as a burglary crime, call the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin today.  Our attorneys have decades of combined experience in defending against criminal charges of all types.  In many cases, improper police conduct or gathering of evidence may even be enough to get your charges dropped and your case dismissed.  You can reach us at 877-781-1570.

Tagged as: faq

Los Angeles Police: Excessive Use of Force Probe

Posted on: October 5, 2009 at 11:45 a.m.

The Los Angeles criminal defense attorneys at Kestenbaum, Eisner and Gorin have worked for years in district attorneys' offices, and can provide the kind of sophisticated criminal defense that investigates every aspect of a case - including potential misconduct by the Los Angeles police investigating the alleged crime.   Throughout Los Angeles' history, investigations into the police have happened on a regular basis.  Recently, the Federal Bureau of Investigations has begun a probe into several members of the Burbank Police Department amidst allegations of the excessive use of force by as many as 12 current and former Burbank policemen.  Federal investigators have requested information from the police department that specifically focuses on several officers’ use of Tasers, pepper spray and defensive tactics from as far back as 2003.  The probe will examine the possible violation of suspects’ civil rights.  The Los Angeles County Sheriff’s Department is also involved in the investigation. The excessive use of force by law enforcement officials is a fairly sticky topic these days.  Admittedly, Los Angeles police and Los Angeles County Sheriffs Deputies have a very difficult and very dangerous job.  On a daily basis they may deal with both alleged and convicted criminals, some of whom may become physically violent.  In many cases, law enforcement agents must chase, fight or physically restrain suspects, many of whom might be armed with a weapon of some sort.  Sometimes retaliating in kind is necessary in the line of duty, but very often, police may get carried away and engage in what is called the excessive use of force, or police brutality.  Police brutality occurs when police and other law enforcement officials use more force than is necessary to apprehend or arrest a criminal suspect.  Police have very strict guidelines at to when and how they may collect evidence of a crime against you.  However, the line between law enforcement acting in a brutal or unfair manner or acting appropriately in any given situation is less clear.  A police officer may use a weapon against you if he or she is “reasonably" fearful for their life.  If you pull out a weapon, or anything that resembles a gun, they may “reasonably" fear for their lives and injure, if not kill you with weapons of their own.  If you have been arrested by police and believe you have been the victim of police brutality, or that you were treated unfairly by member of the Los Angeles Police Department, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  In many instances, criminal proceedings against you can be dismissed because of the improper conduct of police officers.  Our attorneys have over 50 years of combined experience in defending against criminal charges of all types and know which details to look for.  Call today to begin preparing your case.

Tagged as: faq

Los Angeles Murder Case

Posted on: October 1, 2009 at 4:30 p.m.

Qualified Los Angeles criminal defense attorneys work tirelessly for their clients, and sometimes an attorney is the only friend a defendant has in the entire world.  In a Los Angeles murder trial, the stigma of the crime ususally isolates the defendant, giving them no one to turn to, except for their attorney.

For example, a Fullerton man was convicted this week in an Orange County court of attempted murder and mayhem stemming from a violent incident in February of 2008.  Steven Walter Robinson, Jr., was found guilty of  attacking two moviegoers at a movie theater in Fullerton.  Robinson attacked a 38 year-old man with an knife, wounding him in the chest, arm, head and knee, then slashed a 65 year-old man on the arm and hit him in the head with a hammer.  The attacks, which were unprovoked, occurred at a screening of the movie “The Signal," which tells the story of an errant electrical transmission that invades cell phones, radios and televisions, turning people into killers.  Robinson is facing life in prison for his crime; his sentencing date has not yet been released.

While Robinson did not actually murder his victims, attempted murder is still a very serious crime in Los Angeles.  Attempted murder is specifically defined as a defendant behaving in a manner that is both deliberate and intentional with an extreme disregard for human life.  In some cases, such as in Robinson’s, an assault with a deadly weapon or an assault with the intention of causing great bodily injury to another person can be charged as attempted murder if injuries inflicted are serious enough, or if the defendant’s actions were serious enough to potentially cause death. 

If you have been charged with attempted murder, call murder defense attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have courtroom experience in defending against attempted murder charges.  The difference between attempted murder and potential life in prison or the death penalty and assault with a deadly weapon and several years in a state prison is a fine one that is open to much interpretation.  In Robinson’s case, the prosecutor had to prove that Robinson wanted to kill the victims, not just injure them.  That face that Robinson committed his crimes while at the screening of a film about violence and murder may have been used to cast some doubt as to Robinson’s mental state at the time of the crimes.  Mental capacity, or the insanity defense, might have been used to defend him. 

Tagged as: violent crimes defense

Medical Marijuana in Southern California

Posted on: September 22, 2009 at 5:24 p.m.

Los Angeles medical marijuana is an issue that keeps Los Angeles criminal defense attorneys hard at work.  Defending medical marijuana charges involves complex areas of the law, and only a skilled Los Angeles criminal defense attorney will have an adequate understanding of the law. The city of San Diego voted two weeks ago to form a committee to investigate existing laws regarding the use of marijuana for medical purposes and how those laws might be further clarified in the future.   The task force comes in response to the growing number of medical marijuana dispensaries that have recently sprung up in the area.  Since the passage of Proposition 215 in 1996, seriously ill Californians have been able to procure and consume marijuana under the care of a physician.  Currently, eight medical marijuana dispensaries are legally permitted to operate in the city of San Diego with potentially dozens more operating illegally.  San Diego has at least 30 permit applications for medical marijuana dispensaries still pending approval.  However, the city has suspended the approval of the pending applications until it can further review zoning laws that may be applicable. The proposed 11-member task force will include medical marijuana patients, social service providers, dispensary operators, legal professionals, physicians, law enforcement agents, small business owners, community planners and a land use professional.  Over the course of a 12-month period, the panel will meet periodically to review existing city guidelines for medical marijuana patients and caregivers, the operation of medical marijuana dispensaries and growing cooperatives and current law enforcement regulations. Because the use of marijuana for non-medical reasons without a doctor’s supervision is still illegal in the state of California, many San Diego and Los Angeles medical marijuana dispensaries still operate largely in a dark gray area.  Indeed, the manufacturing and selling of marijuana are still considered criminal offenses that are punishable by jail time.  Further complicating the matter is the fact that United States federal laws still classify all possession, manufacturing or distribution of marijuana as criminal offenses that can land you in jail.  This conflict between state and federal laws regarding the use of medical marijuana unfortunately leads to the arrest of many people in Los Angeles every year.  If you have been arrested on medical marijuana related charges, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.

Tagged as: medicinal marijuana laws

Los Angeles Illegal Immigration

Posted on: September 21, 2009 at 6:50 p.m.

Los Angeles criminal defense attorneys who represent people trapped up in Los Angeles immigration issues must have a keen sense of the law, as well as a skilled knowledge of how to navigate Los Angeles courts.  Immigration is currently a hot button topic, as it always is, and criminal defense attorneys in Los Angeles know how desperate some people can become.  With Los Angeles immigrationlaws constantly changing, it can be a challenging existence. Being an illegal immigrant in Los Angeles can be a challenging existence, and a new ballot initiative developed by several California residents is set to make it even more difficult.  The ballot initiative calls for the end of public benefits for illegal immigrants, cut off welfare payments to the children of illegal immigrants that are born in here and even goes so far as to suggest new notations on birth certificates that would indicate the foreign status of the child’s parents.  Drafters of the initiative even question at times the legal status of children born to illegal immigrant parents here in the United States on the grounds that since their parents are illegal immigrants and are not subject to the nation’s jurisdiction, the children should not be, either.  With the recent economic downturn, supporters of the initiative claim illegal immigrants and their children are draining potential billions of dollars in the state’s deficit-heavy budget.  Illegal immigrants accused of crimes in Los Angeles are in a particularly precarious position.  Aside from the obvious threat of deportation, illegal immigrants in Los Angeles could find themselves in jail and trapped in a legal limbo while immigration officials try to decide exactly what to do with them.  In many cases, illegal immigrants convicted of crimes are given prison sentences then still deported after their sentences are completed.  While Los Angeles immigration status is not supposed to be a factor in arrests or convictions, as much as 17% of California’s prisoners are not citizens of the United States.  Immigrants, whether legal or illegal, come to Los Angeles from all over the world looking for opportunity.  What many unfortunately find is racism.  If you or someone you know is an illegal immigrant being accused of a criminal offense, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our combined 50 years of courtroom experience in defending against criminal charges will fight for both your freedom and your dignity.

Tagged as: immigration consequences

Drug crime and the WWE

Posted on: September 18, 2009 at 4:39 p.m.

Former professional wrestling champ Jeff Hardy was arrested in Cameron, NC on September 11th 2009 on charges of drug possession.  Police conducted a search of the wrestler’s home, where officers discovered 262 Vicodin pills, 180 Soma pills, 555 milliliters of anabolic steroids and a residual amount of cocaine.  Police say the drugs confiscated from the home were worth an estimated street value of about $2,500.

Hardy, one half of the WWE tag team duo The Hardy Boyz, was arrested on charges of "trafficking in controlled prescription pills" as well as possession of anabolic steroids.  According to reports, there are five charges against Hardy, one misdemeanor and four felonies, including felony drug possession with intent to sell and deliver.

Although it was not immediately clear to the police whether or not Hardy actually intended to sell the drugs, he was charged with drug trafficking due to the sheer volume of drugs in his possession.  Unless evidence is brought forward that Hardy was not attempting to resell his prescription pills and steroids, the wrestler faces up to 14 years in prison for this drug crime.

Police and prosecutors take drug crime very seriously.  Hardy’s drug crime, like many others, could in fact be a misunderstanding, or blown out of proportion to get a conviction.  Without a skilled Los Angeles drug crime lawyer looking out for your best interests, you might find yourself at the mercy of the criminal justice system.  Everyone makes mistakes, and in the case of drug possession, one mistake or poor decision has the potential to land you behind bars for a very long time.

If you’ve been accused of, arrested for or charged with a drug crime, contact the attorneys at Kestenbaum, Eisner & Gorin.  Whether it is drug possession or trafficking, our team of Los Angeles criminal defense attorneys will provide you with the thorough defense you need.  Don’t let a mistake or a bad decision ruin the rest of your life.

Tagged as: untagged

Los Angeles White Collar Crime

Posted on: September 18, 2009 at 4:32 p.m.

White collar crimes usually consist of crimes of deception or theft perpetrated by professional people, as opposed to, say, crimes of force.  White collar crime can include such offenses as money laundering, extortion, embezzlement or bribery.  September 2009 has already seen two notable incidents of white collar crime.

Los Angeles real estate broker Mario Raul Guevara, 30, was recently charged with four counts of grand theft of personal property, two counts of forgery and two more of failing to file tax returns.  Guevara, who pleaded not guilty on September 15th, is accused of making millions of dollars through shady real estate transactions and bribes he accepted from investors.  According to the Los Angeles County Deputy District Attorney, Guevara forged a client’s signature in order to sell a North Hollywood property to an accomplice, a sale which netted him almost $800,000.  If he is convicted Guevara faces up to 14 years in state prison.

In another case of white collar crime, a former lawyer who practiced in California for more than 20 years pleaded guilty on September 15th to ten counts of “grand theft by embezzlement." The man was accused of misappropriating $150,000 from a client, as well as settling a case against the wishes of another client and embezzling the judgment money.  He was sentenced by a Los Angeles Superior Court Judge to serve three years in prison and to pay his victims more than $500,000 in restitution for his crimes.

Tagged as: theft, white collar crime fraud theft laws

Los Angeles Medical Marijuana Laws

Posted on: September 14, 2009 at 3:36 p.m.

One of the most confusing areas of criminal law is Los Angeles medical marijuana law.  It's extremely rare when the state law allows something that federal law strictly forbids.  On issue after issue, no matter how controversial, California state law and federal law lines up.  However, when it comes to medical marijuana, the state and federal laws diverge in a major way. In 1996, Prop 215 passed which legalized medical marijuana throughout the state of California.  Later, SB 420 helped add some definition to the law.  While California has always been progressive in how it handles the law, the federal government moves much slower.  This is also true historically, as the federal government abolished slavery, allowed women to vote and passed civil rights laws decades after various states had already done so. As a result of this strong conflict between state and federal law over medical marijuana, Los Angeles criminal defense attorneys play a pivotal role for any medical marijuana business.  Medical marijuana dispensaries provide people with health needs the opportunity to use a drug that's perfectly legal under California law.  However, there have been countless federal raids on medical marijuana dispensaries over the years. These federal raids are extremely frustrating, because Los Angeles medical marijuana dispensaries are legal...in  California.  Unfortunately, when federal agents are involved, federal law tends to trump state law.  Again, this is what makes a Los Angeles criminal defense attorney is so important.  Finding an attorney who is experienced with medical marijuana law, drug crimes law, Los Angeles courts and other legal matters can often be the difference between spending a decade in jail and being able to walk out of the court room a free person. Kestenbaum, Eisner & Gorin is a top-notch criminal defense firm that aggressively defends anyone arrested for medical marijuana crimes.  For our clients' convenience, we have offices in the vicinity of courthouses in Antelope Valley, Beverly Hills, Burbank, Glendale, Long Beach, Los Angeles, Pasadena, San Fernando, South Bay, Ventura, Valencia, Whittier, and San Bernardino, and we are accessible 24 hours a day, 7 days a week. Our main office is directly across the street from the Van Nuys Court and the Van Nuys LAPD Jail.

Tagged as: medicinal marijuana laws

Los Angeles Fashion Designer Gets 59 Years in Prison

Posted on: September 8, 2009 at 9:56 a.m.

Los Angeles criminal defense attorneys work hard to keep their clients out of prison and free from fines. While people may think they understand how important it is to have a quality Los Angeles criminal defense attorney, it isn't until a high profile individual gets major jail time that the message hits home.

A Los Angeles fashion designer was sentenced to 59 years in prison for various sex crimes, having been accused of sexually assaulting various models over the years. Fashion designer Anand Jon Alexander was sentenced in a Los Angeles Superior Court room after being convicted of14 counts including forcible rape. He was found not guilty of four felonies, and jurors could not reach a verdict on three counts.

The Anand Jon story was a very high profile story as he was a celebrity designer, working with many Los Angeles celebrities. The defendant claimed that law enforcement was conspiring against him, making the trial all the more volatile in nature. During the sex crime trial, a stream of beautiful women went into the jury box and told stories of how the famous designer sexually assaulted them in different ways, often using his stature in the fashion world against his alleged victims. some of the girls who claimed to have been sexually assaulted by Anand Jon were only teenagers, one as young as 14.

A highly skilled Los Angeles sex crime defense attorney is often the difference between decades in prison and freedom. Los Angeles courts can be seriously biased against any sex crimes defendant, which means that an experienced Los Angeles criminal defense attorney is all the more necessary. An attorney must be experienced with Los Angeles courts, Los Angeles sex crime law, Los Angeles law enforcement and more in order to get the best results possible for their client. Such complex cases can be very high profile, and dealing with a jury or a judge requires a special legal skill which only a few Los Angeles criminal defense attorneys possess.

At Kestenbaum, Eisner & Gorin, our sex crime defense attorneys have decades of experience with Los Angeles sex crime laws; they can offer top notch legal representation as well as unparalleled legal counsel.

Tagged as: counterfeit goods pc 350, sex crime accusations

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