Los Angeles Criminal Law Blog

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

Los Angeles Sex Crimes And Housing Issues

Posted on: February 3, 2010 at 6:36 p.m.

Any Los Angeles sex crime defense attorney understands there is much more at stake for a defendant in a sex crime case than just jail time. There is a new "Scarlet Letter" that is painted on the record of anyone convicted of a sex crime in California, and it takes the most skilled lawyer to be able to clear a person's name.

On Monday, the California Supreme Court upheld residency restrictions for sex offenders, ruling that thousands may be barred from living near schools and parks.

The 5-2 decision permits California to continue enforcing residency restrictions on thousands of sex offenders who were paroled after Proposition 83 took effect in November 2006. The decision will also allow California to enforce the residency restrictions on those who were convicted years before the law took effect.

Proposition 83, also known as “Jessica’s Law", bans sex offenders from living within 2,000 feet of schools or parks where there are children present.

Four sex offenders on parole challenged the law, saying that there was no place in which to live and be in compliance of the law in the cities to which they had been paroled. Although the four parolees were convicted before Proposition 83 passed, the decision will require them to adhere to the residency rules that were put in place after Proposition 83 was passed.

In densely populated cities like San Francisco and Los Angeles, it is difficult for sex offenders to comply with the rules because of the proximity of schools and parks to housing. Offenders do have the right to challenge the residency rules before a judge if they have a legitimate claim of not having a place to live due to the residency restrictions. The main defense that an accused sex offender can have, however, is staying off of sex offender registry lists in the first place. A sex offense charge can have serious consequences, including the housing issues mentioned above, so avoiding a sex offender registry list altogether is the best defense against these consequences.

If you have been charged of a Los Angeles sex crime, you need a Los Angeles sex crime attorney team on your side to protect your rights at all times. The proximity of schools and parks to housing in Los Angeles makes it difficult for sex offenders to comply with the residency rules placed upon them. Having a knowledgeable and professional team on your side will prove to be beneficial to you as housing becomes increasingly scarce for registered sex offenders. The team at Kestenbaum, Eisner & Gorin, LLP can help protect your rights as a parolee and will fight to keep you off of sex offender registry lists so that you can live your life as normally as possible. Contact us immediately at 1-877-781-1570 for more information on Los Angeles sex crimes and how our team can help you in your time of need.

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Los Angeles Violent Crime and Self Defense

Posted on: January 19, 2010 at 12:08 a.m.

Los Angeles criminal defense attorneys representing people charged with violent crimes often explore the possibility of using "self defense" as a way to defend their client. A defense requires an intimate knowledge of the law as well as a keen ability to craft a unique criminal defense.

One such individual who needs a lawyer is Swedish rapper David Jassy. He is accused of killing a pedestrian who slapped his SUV while the pedestrian was in the crosswalk. David Jassy, a 35-year-old songwriter and producer from Stockholm, got out of his rented vehicle and assaulted pedestrian John Osnes, a 55-year-old jazz pianist, because he feared for the safety of himself, his girlfriend and the SUV.

Jassy allegedly punched the man until he fell and hit his head on the ground. Jassy is alleged to have then driven his SUV over Osnes, thus fleeing the scene of the crime (which is also illegal). Building a defense in such a case can be difficult because while witnesses to admit that Osnes hit Jassy's SUV, they claim he retreated to the sidewalk when Jassy got out of the car.

Before creating a unique legal defense, a Los Angeles criminal lawyer must first sit down with his client, review the police file, interview witnesses, review the crime scene, analyze the facts and possibly even hire private investigators. Creating an effective criminal defense means that the attorney must know the law, the courts, the prosecutors, etc. In this instance, the case happened in Hollywood and involved a celebrity, meaning that getting a fair jury trial could be quite difficult. If people are familiar with Jassy's music, they could be biased for or against him, which can complicate any criminal trial. In addition, since Jassy is from another country, this could also be used against him.

A violent crime is any criminal act that involves the use or threat of violence. In most cases, violence is used as a means to an end, especially during crimes such as rape and robbery. During the commission of a violent crime, the offender may or may not use a weapon. If the offender uses a weapon while committing a violent crime, the offense will usually be classified as felony.

If you have been accused of a violent crime, contact the criminal defense firm of Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

Tagged as: los angeles violent crime defense attorney

Los Angeles White Collar Crime Defense

Posted on: January 16, 2010 at 12:14 a.m.

The Securities and Exchange Commission (SEC) announced on Monday that it has charged Beverly Hills, California-based NewPoint Financial Services, Inc. and its co-owners and controller for conducting an unregistered offering fraud aimed at Iranian-Americans in the Los Angeles area. The SEC obtained an emergency court order to freeze their assets and preserve remaining funds that were collected from investors. The SEC also seeks preliminary and permanent injunctions and civil penalties against the defendants.

The SEC’s complaint, filed in U.S. District Court for the Central District of California, alleges that NewPoint, co-owners John Farahi and Gissou Rastegar Farahi, and its controller Elaheh Amouei targeted investors in the Iranian-American community by touting New Point on a daily finance radio program that John Farahi hosts on a Farsi language radio station in the Los Angeles area. The SEC alleges that the Farahis or Amouei misled more than 100 investors into purchasing more than $20 million worth of debentures that they falsely told them were low-risk. Many investors also were falsely told that they were investing in FDIC-insured certificates of deposit, government bonds, or corporate bonds issued by companies. The SEC alleges that most of the money raised was instead transferred to accounts controlled by the Farahis to, among other things, fund construction of their multi-million dollar personal residence in Beverly Hills.

According to the SEC allegations, Farahi and Amouei also made further misrepresentations to investors in an effort to lull them into keeping their money with NewPoint, saying that their money is safe and that they are guaranteed to get the entirety of their investment back.

A hearing on whether a preliminary injunction should be issued against the defendants and whether a permanent receiver should be appointed is scheduled for Jan. 15, 2010, at 10:00 a.m.

A white collar crime is defined as an illegal act(s) using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. This can differ from violent crimes because they usually don’t involve physical violence and tend to relate to financial matters instead. A conviction can carry heavy consequences depending on the severity of the crime.

In the case of the NewPoint co-owners and controller, there may be penalties as well as civil consequences that the defendants might face if convicted. An experienced team of Los Angeles white collar crime defense attorneys can guide you through the process of white collar trials and devise a strategy that can prove your innocence or reduce consequences. Kestenbaum, Eisner & Gorin, LLP can offer you advice and legal counsel if you have been accused or charged with a white collar crime.

Tagged as: los angeles embezzlement, los angeles white collar defense attorney

Van Nuys Violent Crime Defense

Posted on: January 16, 2010 at 12:04 a.m.

Violent crime defense requires a skilled attorney who understands the law, understands the courts and knows how to craft a great defense. A recent Van Nuys Carjacking will present some attorney with the opportunity to craft just such a defense. A Los Angeles man suspected of stealing two vehicles and trying to carjack two others in the San Fernando Valley was arrested today in Van Nuys after a resident identified him from security video shown on TV.

Tyreese Basey, 31, was arrested around 12:30 p.m. on Sunday at a Van Nuys laundromat, said Officer Norma Eisenman of the Los Angeles Police Department.

Police believe a black Ford Explorer found in the laundry's parking lot had been carjacked Saturday, Eisenman said.

The alleged carjacking spree began around 5:15 a.m. Saturday when Basey unsuccessfully tried to steal a parked car in Van Nuys. Around 30 minutes later, Basey allegedly carjacked a vehicle that he later crashed. After crashing that vehicle, Basey allegedly got into an Encino home and demanded car keys from a couple in their 90s, who managed to push the suspect away and lock their door. Basey was also seen around 6:45 a.m. in the backyard of a nearby house, but that homeowner chased him away, Eisenman said.

Around 8:15 a.m., Basey allegedly stole the black, Eddie Bauer Ford Explorer.

"He was not just a criminal, but a desperate and reckless criminal,'' Capt. John Egan of the LAPD's West Valley Division said in a statement.

Basey was booked on suspicion of robbery and carjacking, among other charges. He was being held at Van Nuys jail in lieu of $100,000 bail.

This violent crime also involved theft crimes, which are common and can carry heavy sentences depending on the nature of the theft crime. Theft crimes can include robbery, burglary, carjacking, shoplifting, armed robbery, credit card fraud, identity theft, vehicular theft, larceny, money laundering, and embezzlement. In the case of Basey, he faces a host of charges that include robbery, carjacking and possibly grand theft and vehicular theft. If convicted, Basey faces serious consequences that can adversely affect his life which can include community service, jail time, probation and more.

Theft crimes can range from petty theft to grand theft and research has shown that theft crimes are often signs of a deeper problem that can be psychological, emotional or the result of a drug addiction. In Basey’s case, police believe that his actions were so unusual that a personal crisis might have been what triggered the incident.

If you need qualified Los Angeles violent crime lawyer to keep charges off of your record, to keep it from affecting areas including employment, immigration status, and obtaining a professional license. The dedicated team at Kestenbaum, Eisner & Gorin, LLP can help you if you have been accused of a theft crime.

Tagged as: los angeles violent crime defense attorney

White Collar Crime and Los Angeles

Posted on: December 31, 2009 at 6:11 a.m.

Los Angeles white collar defense is incredibly complicated for many reasons: juries like to convict "crooked" executives; the evidence can be difficult to follow; prosecutors can make a name for themselves convicting a high profile individuals; etc. This is why defense attorneys must be knowledge regarding the law and equipped to go "toe to toe" with the city, state or federal government's best lawyers.

High profile defense attorney must be able to speak with the press without getting flustered or giving too much information away.

In a recent white collar case, a New York man was formally charged last week in scam at New York University. John Runowicz, who worked as an administrator for NYU’s Chemistry Department, has been accused of falsely submitting receipts by attaching them to University reimbursement request forms. Investigators in the case believe Runowicz scavenged discarded receipts at a local liquor store and claimed that they were departmental expenses to be paid for by the department’s petty cash reserves. Investigators estimate that Runowicz submitted roughly 13,000 false receipts between 2003 and January of 2009, conning the University out of more than $409,000 in petty cash expenses. Runowicz, who was fired from the University this past summer after an internal audit revealed his activities, has been charged with falsifying business documents in both the first and second degrees, and grand larceny. If convicted, he could be facing up to 15 years in prison.

When most people think of criminal activities, they tend to think of violent crimes such as robbery or assault. However, many crimes are committed everyday in Los Angeles that, like Runowicz’s alleged criminal activity at New York University, is entirely without violence. Crimes such as embezzlement, fraud or identity theft are typically committed with no threat of violence whatsoever. These crimes are commonly called “white collar" crimes, and while they may not appear as dangerous as violent crimes, they are also taken very seriously in Los Angeles.

Most white collar crimes also involve lengthy jail sentences, large fines and either probation or parole in the case of a conviction. If you or someone you know has been charged with a crime such as embezzlement or fraud, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Let us fight for you, call us at 877-781-1570.

Tagged as: los angeles embezzlement, los angeles white collar defense attorney

Los Angeles Violent Crime - Murder

Posted on: December 31, 2009 at 5:05 a.m.

When a Los Angeles criminal defense attorney represents someone accused of a violent crime, they must invest a great deal of time into researching all of the circumstances.

For example, an East Los Angeles man has been charged with murder of a 24 year-old woman. Doris Salguero, 24, was found dead in the backseat of her car and investigators in the case believe Fredy Hernandez, 30, stabbed her to death with an ice pick after seeing her at a holiday party more than a week ago. Police believe Hernandez wanted to rekindle his relationship with Salguero and when she refused, he attacked her. Hernandez is facing 26 years to life in prison if convicted of this crime.

Murder is possibly the most serious crime anyone can be accused of. The taking of another person’s life, whether intentionally or by accident, is prosecuted and punished vigorously with literally your own life on the line since a conviction for certain types of murder can send you to a California state prison for life. Do not forget that California is also one of 35 states that still, on occasion, hands down the death penalty in murder cases.

In regard to violent crime, there are five different types of murder (also called homicide): first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter and lawful killing. Lawful killing occurs in very limited instances and is typically not punished by jail or prison time as most other forms of homicide are. One example of lawful killing is when a Los Angeles police officer shoots and kills a suspect under certain conditions while on duty. Both first- and second-degree murder involve the willful and deliberate taking of another person’s life. The difference between them is that first-degree murder is generally thought to involve premeditation while second-degree does not. First-degree murder also involves the much more severe punishment of either 25 years to life in prison or the death penalty while second-degree murder generally is punishable by 15 years to life in prison. Voluntary manslaughter is similar to second-degree murder in that it does not involve premeditation. Volunatary manslaughter, however, is the killing of another person “in the heat of passion" in response to legally acceptable provocation such as the defense of yourself or a child, for example.

Voluntary manslaughter is punishable by anywhere from three to 11 years in a California state prison. Involuntary manslaughter in Los Angeles is defined as the loss of life through recklessness or extreme negligence, such as a death resulting from street racing. Involuntary manslaughter is typically assessed between two and four years of prison time in the case of a conviction.

Murder charges of any type are not to be taken lightly. If you have been charged with a violent crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have a combined 50 years of courtroom experience, and when your whole future is on the line, you need an experienced Los Angeles criminal defense attorney by your side.

Tagged as: los angeles violent crime defense attorney

Medical Marijuana: State vs. Federal

Posted on: December 8, 2009 at 2:29 a.m.

A new federal policy under the Obama administration has raised a lot of questions and concern among marijuana users throughout the country, particularly in California. The new policy states that the federal government will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, a departure from tough federal marijuana laws under the Bush administration. The irony of this new policy lies in one of California’s largest cities; Los Angeles medical marijuana dispensaries were once plentiful and the city, along with the state of California, was an advocate for legalized marijuana use. Around the time that the federal policy was announce, however, Los Angeles began to tighten its grip on medical marijuana dispensaries, in a puzzling display of role reversal. This polarization of opinion on behalf of Los Angeles has left many users in limbo when it comes to the legality of marijuana. The recent crackdowns on medical marijuana dispensaries seem to back track the cities stand on the issue before the federal policy was put into place, leaving users even more confused than before.

Unfortunately, there is still ambiguity within Los Angeles county laws on marijuana use and that has people scratching their heads on the legality of their activities. In Los Angeles, you are technically allowed to have small amounts of marijuana for personal use, but that all depends on which enforcement agency finds them on you. Medical marijuana use is legal in California, so state and city law enforcement agents might not arrest you for possession in your own home. If, however, you are found to have marijuana outside of your home, you might be arrested and charged with a misdemeanor drug possession offense. The sentencing aspect of a marijuana arrest provides even more leeway and confusion to offenders, if you are a first time offender you can forego tougher sentences by enrolling in a drug treatment program and by completing the program and avoiding being arrested or convicted your record is wiped clean.

This ambiguity in laws and sentencing techniques can leave anyone baffled, but an experienced Los Angeles drug defense attorney can help you navigate through all of the confusion of medical marijuana laws. The experienced defense lawyers at Kestenbaum, Eisner & Gorin, LLP can help you sort through the drug laws in Los Angeles and will work on your behalf to minimize your sentence or have your case dismissed.

Tagged as: los angeles medical marijuana attorney

Los Angeles Warrants

Posted on: November 25, 2009 at 11:30 p.m.

Nikola Dragovic, UCLA’s Serbian star forward, was arrested last Friday in connection with an incident that took place after a concert in Hollywood last month. Dragovic and a friend have been accused of pushing a man into a glass display case following an argument. Initially, Dragovic filed a report of the incident with UCLA’s campus police. But after the district attorney filed a felony assault charge against him and issued a Warrant for his arrest, Dragovic turned himself in after a game against Cal State Bakersfield. While Dragovic was booked and later released on bail, he has been suspended from playing basketball for the university. Dragovic plans to plead not guilty when he appears before a judge in late December.

Now is a great time to discuss the different types of Los Angeles Warrants that are issued in the city. Our nation’s Constitution protects us from being arrested or searched for no reason. Warrants essentially give a Los Angeles police officer the right to arrest, detain, or search you in connection with a crime. All Warrants issued in the city are court orders signed by a Los Angeles County judge. A warrant for arrest is issued in cases like Dragovic’s where a defendant is suspected of having committed a crime, but has not yet been arrested by law enforcement agents. A bench warrant is typically issued when a defendant has failed to show up at a scheduled court date. Bench warrants are then issued allowing law enforcement agents to hunt you down and bring you before the court. Search warrants give Los Angeles law enforcement agents permission to either search you or a particular location in connection with a crime that has been committed and that you are believed to be involved in.

Once you find out that either an arrest Warrant or a bench Warrant has been issued in your name, it is important that you contact the Los Angeles criminal defense attorneys at Kestenbaum, Eisner & Gorin, LLP immediately. As experienced Los Angeles criminal defense attorneys with decades of experience in dealing with all types of warrants, we know that ignoring warrants can lead to big problems. Call today for expert legal advice and help in dealing with any warrants issued against you.

Tagged as: arrest warrant, bench warrants, los angeles criminal defense attorney, los angeles warrant

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