Los Angeles Criminal Law Blog
     


Major Los Angeles Sex Crimes

Posted on: April 21, 2010 at 12:09 a.m.

In order to become an effective Los Angeles Sex Crime Defense Attorney, a lawyer must understand the law, the courts and public opinion. Having a savvy lawyer working for you can keep you out of prison, free from fines and off of the California Sex Offender Registry. Two extremely high profile Los Angeles Sex Crime cases demonstrate the extreme need to higher a skilled lawyer to protect yourself due to the extreme consequences and punishments.

In Long Beach, the former head of the state’s largest mental hospital is being charged with molesting his adopted son for over a decade. The man is now 62 years old and is facing 35 counts of sexually abusing one of his four foster sons from 1992 to 2004. He was the head of the Napa State Hospital but was fired after revelations of his arrest. The prosecution is stating that at least 12 other men, including another of his foster sons, are claiming to be victims of sexual abuse.

In a national sexual assault case, an amazing example of how vital a lawyer truly is, a 31 year old registered sex offender pleaded guilty to the slaying of two teenage girls in northern San Diego. The man previously served five years in prison for beating and molesting a 13 year old girl. He pleaded guilty to murdering Chelsea King and Amber Dubois, both teenagers, during an attempt to rape them. He is being sentenced to life in prison instead of potentially the death penalty in exchange for his plea.

To further demonstrate the extreme need of a attorney for anyone charged with such a violation, the penalties include:
  • Imprisonment
  • Large Fines
  • Restitution
  • Court Ordered Counseling
  • Community Service
  • Probation
  • Parole
  • Mandatory Sex Offender Registration (for life)
The list of illegal sex acts is extensive, but much of the focus on sex crimes include acts with a minor (e.g. anyone under 18 years old). Commonly committed sex crimes include: sexual abuse, sexual assault, child pornography, child molestation, rape, statutory rape, lewd conduct, indecent expose and distribution of illegal pornography.

If you or anyone you know has been charged with a sex crime, contact the team at Kestenbaum Eisnger & Gorin, LLP by calling 877-781-1570. Our lawyers have decades of experience with Los Angeles sex crimes and can provide a top notch criminal defense.

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Los Angeles Drug Crimes - Not Just For Illegal Drugs

Posted on: April 7, 2010 at 9:09 p.m.

Whenever someone reads in a newspaper or website that someone was arrested for a Los Angeles Drug Crime, they usually think of such illegal drugs as crack, marijuana, heroine or some other illegal narcotic. However, a growing area of drug law in the city is pharmaceuticals, and lawyers are spending more and more time defending people charged with possession and distribution of such "drugs."

A recent, high profile example of someone involve in a Drug Crime that involved prescription medications is recently deceased actor Corey Haim, who allegedly died due to an overdose of pharmaceutical drugs. Haim obtained at least 553 pills of powerful prescription drugs from seven different doctors, and as many pharmacies, according to a recent investigation. Few would think that a doctor could be arrested, but obviously this story may mean that doctors will have to pay close attention to the drugs their patents are ingesting.

In this alleged Crime, investigators stated that Haim obtained almost 200 tablets of Valium, almost 200 tablets of Soma and almost 150 tablets of Vicodin, as well as some Xanax. Each of these pills is powerful enough on its own, let alone taken in great quantities, and/or taken in conjunction with other pills. The state of California is examining as many as 5,000 illegal prescriptions throughout California, bringing legal drugs charges.

For Defense Attorneys, this may mean representing doctors in Drug Crime trials. Perfectly respectable professionals with strong track records of treating patients could be charged if it is thought they contributed to the death of a patient due to negligence or poor follow up. A doctor could be held liable for treating someone's illness if they prescribe a prescription drug.

If you or someone you know has been charged with a Drug Crime, contact Kestenbaum, Eisner & Gorin. We have years of experience defending individuals charged with drug crimes in Los Angeles, San Fernando Valley, Hollywood, Van Nuys and throughout Southern California.

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Summary of New Laws Impacting Los Angeles Criminal Defense Attorneys

Posted on: March 30, 2010 at 9:09 p.m.

The last few years have seen a major shake up in a number of laws, and this year will be no different. There are a number of new laws that Defense Attorneys want their clients, and the general public, to be well aware of. Some of these laws involved DUI, some involve Theft Crimes, others involve sentencing. However, each of these laws could have a major impact on anyone convicted of a crime.

Here is a quick breakdown of new laws handed down by the California State Legislature for 2010:

AB 14 – This law states that a car, truck or motorcycle can be declared a “public nuisance" and be impounded for up to 30 days when the vehicle is used for specific crimes such as soliciting a prostitute.

AB 58 – It is now an infraction to be involved in a betting pool with less than $2,500 at stake. This is an important law for small poker games, NCAA betting pools and other friendly matches to be aware of.

AB 91 – This is a new test program for Los Angeles and other counties which requires an “Ignition Interlock Device" to be installed on the vehicle of first time DUI offenders.

AB 532 – This will allow law enforcement to get a search warrant to seize guns from any domestic violence or mental health scare.

SB 748 – This forbids anyone from posting the contact information of anyone involved in the Witness Relocation and Assistance Program with the intent to commit a crime.

AB 750 – This gives courts the choice to sentence a deferred entry of judgment instead of jail time for minor offenses.

AB 962 – This law requires gun sellers to record sales of ammunition and also requires the taking and cataloguing of fingers prints of every gun purchaser. This means that someone convicted of a Los Angeles Drug Crime could be sentenced to rehab instead of going to prison.

As you can see, some of these laws can be helpful for a defendant, others can be dangerous, but only with a skilled Los Angeles Criminal Lawyer can someone take advantage of every opportunity to stay out of prison. Some of these laws can radically change the nature of how law enforcement approaches criminals, the accused and ex-convicts. Many of these laws change the way judges can sentence someone convicted of a crime, which is why it is that much more important to haw a lawyer who understands the law and who understands how to best defend someone accused of a crime.

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Los Angeles Drug Crimes Will Change Radically

Posted on: March 19, 2010 at 12:14 a.m.

Any Los Angeles Drug Crime Defense Attorney will tell you that the sentencing standards in drug offense cases are the cause of more pain and heartache than almost any other area of criminal law. Between the Three Strikes Law in California and the general disdain for drugs in the city, Attorney teams work double time to prevent their clients from going to jail for even minor infractions.

The United States Senate passed a bill years ago that created a huge disparity between the sentencing standards of cocaine infractions and crack infractions. As drug crimes go, in the past, the ratio of sentencing was 100-1, cocaine to crack. This means that 100 ounces of cocaine was equal to 1 ounce of crack in terms of sentencing. The Senate changed all of that, reducing the ratio to 18-1.

While this may not seem like a big deal, any Defense Attorney will admit that this will partially lift a huge burden carried by the black community. African Americans were punished in a far more severe way for possessing crack than a white person would be for possessing cocaine. The law was racist, punishing minorities, simply because they could not afford the more affluent drug of cocaine.

African American and other minority communities are often unduly punished by state and federal drug laws, facing excessive fines, jail time and probation for Los Angeles Drug Crimes. The state of California has zero tolerance when it comes to drug related offenses. All drug crimes are taken seriously by law enforcement and prosecuted to the fullest extent. Commonly committed drug crimes include: drug possession, drug possession with intent to sell, possession of drug paraphernalia, drug manufacturing, drug trafficking, drug distribution, drug cultivation, and money laundering.

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Los Angeles Marijuana Facility Found in Woodland Hills

Posted on: March 17, 2010 at 6:15 p.m.

When a Los Angeles Drug Crime Lawyer defends someone accused of a drug offense, they are fighting more than just the law. Anyone accused of, or charged with, a drug offense leads to being viewed as a pariah, as if only truly devious people can be caught up in a drug charge. Every Attorney understands that countless respected professionals, high profile celebrities, prominent politicians and professional athletes have been arrested for, or spent time in jail for, drug crimes.

In this particular drug offense situation, a man was arrested for having 50 marijuana plants in his Woodland Hills home. To make matters more interesting, these marijuana plants were found because the man was attacked and called the police over the break in. He was beaten and robbed by two men in their 20's, and while police were investigating the incident, they found the marijuana plants.

One possible area a Defense Attorney could focus on in such a case is the way in which the police investigated the crime and searched the premises. For example, there are specific guidelines the LAPD must follow when looking over a crime scene. If they overstep their bounds, a skilled Los Angeles Criminal Defense Attorney could prove that the search was illegal.

Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled drug crimes attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients’ cases. When we work with our clients, we do everything possible to make sure that they receive the attention, resources, and dedicated legal counsel that they deserve.

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Los Angeles Sex Crime in North Hollywood

Posted on: March 17, 2010 at 5:50 p.m.

Los Angeles Sex Crime Defense Attorneys represent people charged with all manner of sex crimes, from rape, to sexual assault and molestation. Other sex crimes, such as child pornography, also require a skilled knowledge of the law and a unique level of experience.

A recent case in North Hollywood involved an alleged sexual assault that could potentially lead to years of jail time for the accused if he is convicted. A man is accused of grabbing a woman off of the street, pulling her into a parking lot, forcing her to undress and then raping her before running off. The alleged perpetrator is in his mid-20's, Latino and average height. For such a sex crime, years in prison, heavy fines, years of probation and possible being placed on the sex offender list are all realistic punishments he could face.

For this particular individual, if he is caught and arrested (he has not been found yet), he could face a slew of crimes including resisting arrest. When it comes to sex crimes, police may attach additional violations to help increase jail time or to make sure the sex crime is charged as a felony. This is one of the reasons a lawyer is so important. Without a skilled attorney watching out for your best interests, you could be caught off guard by a slew of charges that are allegedly related to the crime.

Typical Los Angeles Sex Crimes include:
  • Sexual assault
  • Solicitation of prostitution
  • Statutory rape (consensual sex where one party is under 18)
  • Indecent exposure
  • Lewd conduct in a public place
  • Possession of obscene materials
  • Failing to register as a sex offender

Los Angeles Sex Crime Penalties

A Sex Crime can lead to years in prison, years of probation, mandatory meetings, heavy fines, limited job prospects, inclusion on the sex offender registry, limited housing options and much more. Having a skilled attorney can help you avoid these issues and stay clear of a lifetime of penalties.

If you have been charged with a serious criminal offense, do not hesitate to call Kestenbaum, Eisner & Gorin, LLP at (877) 781-1570. Our knowledgeable legal team can evaluate your case and advise you of your legal options.

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Los Angeles White Collar Crime Case

Posted on: March 15, 2010 at 10:49 p.m.

An attorney, two chiropractors and a paralegal administrator pleaded not guilty to charges that they took part in a large-scale auto insurance fraud ring.

The group is accused of defrauding 19 insurance companies by filing false claims for staged accidents, with the loss estimated at nearly $550,000. The case stems from an investigation dubbed "Operation Big Fish," in which 63 people have been charged and 27 have already pleaded guilty or no contest, according to prosecutors.

Los Angeles White Collar Crime Attorney teams are seeing a rise in white collar charges since the state and federal government are taking a closer look at the financials of different companies. Accounting fraud, embezzlement, insurance fraud and other white collar crimes are coming to the forefront as the Los Angeles District Attorney's Office audits the financial records of professionals throughout the city. The crime is not reserved for bankers or CEO's, in fact, this recent White Collar criminal ring was not on a major financial scale. However, the penalties for a Los Angeles White Collar crime is significant.

If convicted of a white collar crime, you could face years in prison, heavy fines, elimination from certain associations, loss of professional license and much more. However, with a skilled lawyer working for you, any owner, executive or professional can avoid a majority of the penalties associated with these crimes.

At Kestenbuam, Eisner & Gorin, our skilled team is highly skilled in all major areas of white collar crime. As former criminal prosecutors with the Los Angeles District Attorney's Office, we know how the prosecution will use their tactics to put you behind bars. Our knowledge of the law, experience with accounting laws and overall legal skill will help us to craft the best defense possible for your particular case. We will fight on your behalf to help you stay out of prison, free from fines and off probation.

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Domestic Violence On The Rise

Posted on: February 20, 2010 at 2:29 a.m.

A Los Angeles crime defense attorney team understands that a person accused of domestic violence could have an array of mitigating factors surrounding their alleged crime and will work on your behalf to protect your rights in court.

Advocate groups for women and authorities are alarmed at the rapidly increasing instances of domestic violence in Massachusetts and across the country. The latest incident in Westford, Massachusetts involved a man that critically wounded his wife before fatally shooting his daughter and himself.

Since Jan. 9, at least five women have been killed in domestic violence incidents in Massachusetts. Two others were severely wounded in the total of six different incidents.

There seems to be a common connection between the domestic violence incidents in Massachusetts and across the county. In another Massachusetts city, a man took his own life after shooting his sick wife and their horse, setting fire to their home and his pickup truck. The man in this incident was facing a foreclosure auction before the incident occurred.

Women’s advocates believe that one underlying cause is an unforgiving economy that has intensified family disputes, inflamed some men’s abusive tendencies, and left some women more reluctant to leave violent relationships.

In many of these cases, women reported that financial pressures had made their husbands or boyfriends more angry and prone to violence.

A grim economy is just one of the problems and stresses that a person accused of domestic violence might be faced with. The dwindling economic situation has left many primary providers stressed out and worried about not being able to provide for their families. The layoffs and cut hours across the country have left many wondering how they will make ends meet and survive with a family to take care of.

If you have been accused of a Los Angeles domestic violence offense, you need a professional and knowledgeable team on your side to protect your rights and offer proof of the many circumstances revolving the alleged crime. The professional team at Kestenbaum, Eisner & Gorin, LLP has more than 50 years of courtroom experience and will be able to protect your rights in court at all times. We have a proven track record and are amongst the highest rated criminal defense teams in the country. If you have been accused of a Los Angeles domestic violence crime, call us immediately at 1-877-781-1570 or visit our website at www.keglawyers.com for more information.

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Los Angeles Sex Offender Stigma And Its Implications

Posted on: February 14, 2010 at 2:10 a.m.

Being convicted of a Los Angeles sex crime can change a person’s entire life in more ways than one. Not only can it affect what one is allowed to do and not do, but it can also change a person emotionally and physically as well.

Take for example, Ricky Blackman of Oklahoma, a Tier 3 offender on Oklahoma’s sex offender registry. Blackman was a sociable, outgoing teenager, but that all changed when he was convicted for having sex with a 13-year-old girl he believed was 15. Blackman was 16 at the time and the sex offender followed him for years after the incident. This affected Blackman severely as he was unable to attend high school, go to his younger brother’s football games or visit the town library.

His mother, Mary Duval, says that Blackman is not the same person he was before the incident, “He was so fun-loving and just full of life. I mean there’s no other word. Ricky was full of life and now he’s definitely more cautious, more reserved."

Blackman lived with the "sex offender" label for nearly four years, until a law that took effect in Oklahoma in November removed his name from the registry.

After his conviction, Blackman's family moved to Oklahoma where he finished his probation and sex offender treatment. His record was expunged in Iowa, but the same was not the case in Oklahoma; Blackman continued to be on the sex offender registry there.

Blackman had to comply with state residency restrictions that prevent registered sex offenders from living within 2,000 feet of a school or day care center and his attempts to enroll in high school were unsuccessful because he considered a danger to the rest of the students.

Another aspect of Blackman’s life that became difficult was finding a job. He was continually turned town by employers such as Wal-Mart, McDonald's and another fast food restaurants.

"I know what I did was wrong and I deserved to be punished for it. But this destroyed my life. Took it away from me," said Blackman.

Like Blackman, many sex offenders face the same hurdles in California. The stigma that follows sex offenders can take a heavy toll on their lives, but there is something you can do about it. If you have been charged with a sex crime, contact the Los Angeles sex crime defense attorney team at Kestenbaum, Eisner & Gorin, LLP immediately. Our Los Angeles sex crime defense attorney team has more than 50 years of courtroom experience and will fight on your behalf to protect your rights.

Tagged as: los angeles criminal defense attorney, los angeles sex crime defense attorney




Los Angeles Murder Convictions

Posted on: February 3, 2010 at 6:49 p.m.

Recent examples of how important a Los Angeles murder defense attorney can be came in the form of a European rapper charged, and now convicted, or murder. When a lawyer first takes a case, he must analyze whether or not the defendant will be charged with first, second or third degree murder, and whether the individual will face a jury trial or a judge trial.

The varying degrees in Los Angeles murder defense cases can be confusing and ambiguous in many cases. Take for example, the recent case of Swedish rapper David Jassy. The rapper was convicted of second degree murder on February 1 stemming from a November 2008 incident in Hollywood that left 55-year-old jazz pianist John Osnes dead. The road rage incident began as Osnes was heading home from a local bar and Jassy was leaving a nightclub. According to witnesses, including a mother, an off-duty police officer and tourists, Osnes shouted at Jassy and struck the SUV’s hood when Jassy apparently struck the sidewalk. Then the case took a confusing turn when half a dozen witnesses claimed that they saw Jassy get out of his vehicle and fatally attack Osnes by punching him and kicking him in the head. Jassy then gave his side of the story and claimed that Osnes was belligerent and that he feared for his life and that of his girlfriend who was riding in the SUV with him. Jassy then fled the scene and said that he left because he believed he was under attack from a bystander and as he left he ran over Osnes’ body. The panel acquitted Jassy of first-degree murder, an assault charge that stemmed from his running over Osnes, and a vehicle code violation for leaving the scene of a fatal accident. Jassy now faces 15 years to life in prison when it comes to sentencing time for the second degree murder charge.

This is the perfect example of where the general public, the accused and the jury might be confused as to what constitutes a first degree Los Angeles murder charge and a second degree Los Angeles murder charge. In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape and robbery. Second-degree murder is ordinarily defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion". It can also be a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

If you have been accused of first-degree murder, second-degree murder or manslaughter, you should immediately contact Kestenbaum, Eisner & Gorin, LLP. We are knowledgeable in the different categories of murder charges and will fight on your behalf to protect your right to a fair trial.

Tagged as: los angeles murder defense, los angeles violent crime defense attorney




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