Merriman Charged with BatteryPosted on: September 9, 2009 at 8:14 a.m.Domestic violence is a serious Los Angeles crime, and any Los Angeles criminal defense attorney will tell you that the consequences can be dire. Whether you are a celebrity, a politician or a plumber, being convicted of battery towards a loved one can land you in jail. There is a thin line between restraining someone and battery, as San Diego Chargers player Shawne Merriman has recently discovered. Star football player Merriman was arrested this past Sunday at his own home after reality star Tila Tequila (real name Tila Nguyen) called local police shortly before four in the morning and accused Merriman of both choking her and restraining her as she tried to leave his San Diego-area home. Merriman claims he was trying to prevent Tequila from driving under the influence of alcohol as she left his home. Tequila signed a citizens arrest warrant, formally charging Merriman with battery and false imprisonment, both of which could be tried as felony criminal offenses. Paramedics called to the scene did not report any injuries to Tequila at the time. She was taken to a local hospital and left two hours later. In Los Angeles, battery is defined simply as any unwanted touching or striking of another person or anything connected to that person. Each case is different, however, and depending on the circumstances battery could be classified as either a misdemeanor criminal offense or a felony. Punishments for a battery conviction in Los Angeles can include county jail or state prison time, fines, probation or parole, anger management classes, the loss of your drivers license, or any combination of all five. The especially dangerous thing about a battery conviction is that if it is classified as a felony criminal offense, it could count as a strike under Los Angeles Three Strikes laws. In those cases, three or more convictions for eligible felony offenses could land you in a state prison for life. Even before that third felony offense, multiple felony convictions could lead to enhanced sentencing, meaning longer prison or jail terms, higher fines and longer probation or parole terms. If you have been charged with battery in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 years of combined courtroom experience in defending against battery charges. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Los Angeles Fashion Designer Gets 59 Years in PrisonPosted 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 Lindsey Lohan, Breaking and Entering and Los AngelesPosted on: June 5, 2009 at 11:47 a.m.Los Angeles police reported this past Tuesday that actress Lindsay Lohan was the victim of a "breaking and entering" crime. The security alarm company that services the actress house called police after the houses alarm went off. Police arrived at the Los Angeles-area home to find pry marks on the back door and evidence of tampering on one of the back windows. Police reported that while the house appeared to have been ransacked, it did not appear that anything was stolen. Lohan was not at home during the alleged break in. Even if property was not stolen, breaking and entering is still a criminal offense that can put you in hot water in Los Angeles. Breaking and entering, more often known as trespassing, is technically defined as entering, occupying or simply not leaving another persons home or property without the owners permission. Trespassing/breaking and entering is typically a misdemeanor offense. If convicted of trespassing, you could be sentenced to 180 days in a county jail, fines of as much as $1,000, community service or probation. This may not seem like much, but a trespassing charge will still be put on your criminal record, which could hurt your chances when applying for jobs or housing. If prosecutors can prove an intent to actually steal something, then charges can be upgraded, so to speak, to burglary, which is often classified as a felony criminal offense and can count against you as a strike under Californias Three Strikes Law. If convicted under the Three Strikes Law, enhanced penalties such as longer prison sentences will apply. First degree burglary, which is burglary that occurs in a home or other type of residential dwelling, is generally punishable by a minimum of two years and a maximum of six years in a state prison. Breaking and entering, or trespassing, charges should be taken very seriously as they can quickly escalate to even more serious charges. An experienced criminal defense attorney is an asset you need by your side to deal with it. A good criminal defense attorney knows that one of the most important factors in trespassing cases is proving or disproving the defendants intent. Another is whether or not a defendant has visited the home in question in the past. If you are facing breaking and entering or burglary charges, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. Tagged as: california criminal laws, counterfeit goods pc 350 Drug & Weapon Possession in Los AngelesPosted on: May 12, 2009 at 12:14 p.m.Los Angeles criminal defense attorneys represent many individuals who are facing drug possession charges as well as weapons possession charges. This delicate area of the law requires a competent Los Angeles criminal defense attorney who knows and understands the laws involved. High-profile cases involving drug possession in Los Angeles may get a great deal of interest, but for the people involved the consequences are very real. Tina Fortenberry, receptionist to singer and actress Barbara Streisand, was recently arrested on Pacific Coast Highway in Malibu for drug possession of both cocaine and methamphetamines, as well as possession of a weapon. Malibu police initially pulled Fortenberry over for expired license plate tags, then found the weapon and drugs when they approached her car. The weapon reportedly found in Fortenberrys car was a sap, which is similar to nunchakus. Fortenberry was reportedly on her way to the post office with some mail for Streisand when she was stopped. No date for Fortenberrys arraignment has been given. Drug possession and weapons possession charges may sound relatively harmless, but Los Angeles law enforcement takes them very seriously and a conviction on either charge can land you in jail. Possession of drugs and weapons can, under Los Angeles law, be classified as either a misdemeanor or a felony, depending on the facts of each case. In general, people tend to think of weapons possession charges as involving an actual firearm, but in reality there are many, many types of weapons where possession would constitute a criminal offense. Illegal weapons in Los Angeles include knives, daggers, brass knuckles, nunchakus and many other martial arts weapons. Technically, even everyday items such as a box cutter or car keys can become deadly weapons if you use them to harm someone. As is the case with actual firearms, possession in the proper context and with the proper documentation is legal and allowable. Depending on Fortenberrys criminal record, her weapons possession charge will most likely be considered a misdemeanor offense. If she is convicted, she will most likely face a fine and potentially up to one year in a county jail. In this case, the drug possession charges are more likely to land her in jail if she is convicted. In Los Angeles, drug possession of most illegal drugs is considered a felony, with the exception of smaller amounts of marijuana, which is often a misdemeanor criminal offense. Assuming Fortenberry was driving in her own car and not one provided by her employers, the prosecution will have to prove that she knew the drugs were in the car, which is not always as easy as it may seem. If convicted of drug possession, Fortenberry may be able to take advantage of Los Angeles Proposition 36, which allows first or second time non-violent drug offenders to complete a specified drug treatment program instead of serving time in a county jail. Dealing with drug and weapons possession charges can be complex and stressful, given the potential consequences. If you have been charged with either drug or weapons possession, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. Tagged as: counterfeit goods pc 350, drug crimes defense Phil Spector's Los Angeles Murder ConvictionPosted on: April 14, 2009 at 10:24 a.m.Famous, now infamous, music producer Phil Spector was convicted this week of second-degree murder by a Los Angeles jury. The high-profile record producer must serve at least 18 years of a mandatory life sentence for killing Lana Clarkson in 2003, this may be a death sentence for Phil Spector who is 69-years-old. High-profile criminal trials usually get Los Angeles in a bit of a tizzy, and Los Angeles violent crime defense attorneys understand the importance of using every advantage they have at their disposal. The Los Angeles criminal defense attorneys at Kestenbaum, Eisner& Gorin regularly defend those accused of violent crimes in Los Angeles courts. Juries can be very emotional during violent crime trials, and any criminal defense lawyer must be aware of the possible challenges facing them. The verdict of second-degree murder, the most severe option offered to jurors, with the use of a firearm means Phil Spector faces a mandatory life prison term when he is sentenced on May 29. He won't be eligible for parole until after the first 18 years of his sentence. Spector's violent crime defense attorney said they would appeal the decision. The Los Angeles criminal defense lawyer asked that Spector remain free on $1 million bail until the sentence was imposed, but the prosecution protested citing Spector's history of menacing people with guns and his incentive to flee the jurisdiction. Kestenbaum, Eisner & Gorin 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 Los Angeles violent crimes attorneys have over 50 years of collective court room experience, and we are fully prepared to undertake our clients' cases. Tagged as: counterfeit goods pc 350, jury trial defense Sex Crimes and Politics in Los AngelesPosted on: April 13, 2009 at 1:05 p.m.Vernon is an unincorporated area east of downtown Los Angeles. A recent high-profile case of sex offenses has put the area in the news since it involves the son of a mayor. Los Angeles criminal defense attorneys know that defending sex offenses and sex crimes is a major challenge in Los Angeles, and being a high-profile individual can further complicate matters. John Malburg, the 40-year-old scion of the family that founded the tiny, cloistered industrial city of Vernon, was sentenced Friday to eight years in prison after pleading guilty to sexually molesting one boy and videotaping another one for commercial purposes. The case against Malburg, who was the dean of students at now-closed Daniel Murphy Catholic High School in the Fairfax district of Los Angeles, arose out of a public corruption investigation that involved him; his mother, Dominica, 83; and his father, Vernon Mayor Leonis Malburg, 80. Three years ago, investigators serving search warrants in the voter fraud probe stumbled onto evidence that the younger Malburg was sexually abusing children. Authorities said one 17-year-old student appeared in a sexually explicit tape in exchange for a higher grade and money. The boy Malburg was convicted of molesting was between the ages of 10 and 15 when the abuse occurred, said Deputy Dist. Atty. Richard Taklender of the sex crimes division. Malburg had been a therapist for the boy when the abuse began, Taklender said. A sex crime is an illegal sex act, or illegal form of human sexual behavior, as defined by the state and federal government. People who are convicted of sex crimes are called sex offenders. In the state of California, all sex offenders must list them selves on the Sex Offender Registry for an indefinite amount of time. This Registry is accessible to the public, which means that future employers, landlords, educational facilities, and neighbors will be able to obtain this information. 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. Tagged as: counterfeit goods pc 350, sex crime accusations Accessory to Crime in Los AngelesPosted on: April 6, 2009 at 8:50 a.m.One are of the law that Los Angeles criminal defense lawyers find difficult to educate people about is accessory. Being an accessory to a crime, whether a violent crime, a theft crime or other type, in Los Angeles can happen without much effort. If the police want to charge you, they may not have too difficult of a time doing so, and without a qualified Los Angeles criminal defense lawyer by your side, you may be left at the mercy of the Los Angeles Police Department. You do not have to actually commit a crime in order to be implicated in it. New Orleans Saints linebacker Jonathan Vilma is finding this out the hard way as a New York-area condominium he owns has recently become the epicenter of a double murder investigation. Police investigating the murders believe two Liberian immigrants, Ansu Keita and Sekou Sakor, were shot in the head while at Vilmas condominium in late March for their connection with a "black paper" scheme. Police have stated that Vilma is not in any way considered a suspect in the murders and is giving investigators information as to who may have had access to his property. Vilma himself had not been in the condominium since January of 2008 and had been trying to sell the property. Only Vilmas real estate agent and a few members of the football players family are believed to have had access to the property. Neighbors reported hearing gunshots late one night, but by the time they arrived at 10 oclock the next morning, New York City police had already found the bodies at separate sites in Queens and Brooklyn. For a person to be charged as an accessory to any crime, investigators must prove that a suspect knew that a crime had been, or would be, committed. Most jurisdictions distinguish this from an accomplice, who is generally present at the time the crime is committed and participates in some capacity. In Los Angeles, an accessory to a crime may help or encourage the actual criminal in some way, fail to report the crime to law enforcement, or attempt to help the criminal conceal the crime. In Vilmas case, for example, if he had known a crime was going to be committed and did nothing to stop it (or report it to the police after the fact), he could be considered an accessory to the murders. Since Vilma had not been to the condominium in over a year and was trying to sell it, this is most likely not the case. Being charged as an accessory to a crime is still a serious offense and punishments will vary depending on the crime committed and the severity of the damage. People can be accessories to murder, robberies, arson, blackmail or any number of criminal offenses. In most cases, someone charged as an accessory to a crime can be given the same punishment as the person who actually committed the crime. For some people, getting caught up in bad situations is an all-too ugly reality. Do not think that just because you didnt actually commit a criminal offense that you are safe. If you were in any way involved in a crime, you need a strong Los Angeles criminal defense attorney to fight for you. If you or someone you know has been accused of being an accessory to a crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience could help you avoid a criminal conviction. Tagged as: california criminal laws, counterfeit goods pc 350, jury trial defense Drug Arrests in Los Angeles International AirportPosted on: March 11, 2009 at 10:50 a.m.In Los Angeles, drug penalties can be a serious challenge; however, when drug offenses occur at Los Angeles International Airport, any Los Angeles criminal defense attorney will tell you that the problems are compounded. Los Angeles drug offense attorneys know that the drug laws involving airport infractions are more complicated than at other locations. Many people assume that celebrities get preferential treatment when it comes to drug issues. However, the recent arrest of rapper Coolio (real name Artis Leon Ivey, Jr.) is evidence that even the rich and famous can get caught in the wrong. The 45 year-old rapper, best known for his 1995 hit single, "Gangstas Paradise," was arrested last Friday at Los Angeles International Airport when security screeners found drugs and drug paraphernalia in his luggage. Ivey is officially charged with one count of felony possession, one misdemeanor count of possession of drug paraphernalia and one misdemeanor count of battery as he grabbed a security screeners arm just before his bags were searched. Ivey was released after posting $10,000 bail and is scheduled to be arraigned April 3rd and faces up to three years in prison if convicted. In Los Angeles, possession of any illegal drugs or controlled substances without a prescription is a criminal offense, as is the possession of drug paraphernalia. For most controlled substances, possession for personal use is classified as a felony, with the notable exception of marijuana, which is generally classified as a misdemeanor. Possession of drug-related paraphernalia or being caught under the influence of any illegal drug or controlled substance without a prescription are both generally misdemeanor offenses. Most drug offense penalties depend on a variety of factors including the quantity and type of drug used (or found, in this case), whether the drugs in question were for personal use or sale, and the prior criminal record of the defendant, especially as it relates to drug offenses. Media outlets have reported that the drug found in Iveys luggage was cocaine, which will obviously carry a greater penalty than would a "lesser" drug such as marijuana. The rappers last criminal offense occurred in June of 2008 when he was arrested on an outstanding warrant for driving with a suspended license. 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. Tagged as: counterfeit goods pc 350, drug crimes defense Death Threats in Los Angeles Mayoral RacePosted on: February 27, 2009 at 9:37 a.m.In schools across Los Angeles, kids will threaten each other by saying "I'm going to kill you," or "you're dead." We take these to be ramblings of young people who don't know any better and who wouldn't dare follow through on such threats. However, when adults make such statements it is not only a totally different story, it's a prosecutable offense. Take for example mayoral candidate David "Zuma Dogg" Saltsburg, who is running for mayor of Los Angeles. Craig X Rubin, a pastor at the Family Church in Pasadena and another mayoral candidate, said Saltsburg called him at home Thursday morning and left a message threatening to kill him if he showed up at the debate later in the day. Los Angeles police are investigating the matter and have questioned Mr. Saltsburg. Such threats can be considered harassment, or if there's actually steps taken to follow through on the threats, attempted murder could also be a potential charge. Los Angeles criminal defense attorneys defending against such accusations would strongly caution their clients not to answer any police questions until they've consulted with their attorney. In Los Angeles, such threats are treated very seriously, and could lead to jail time, fines and more. Los Angeles criminal defense attorneys who know the courts understand that high-profile cases such as these may force the LAPD to look deeply into issues that they regularly would not. High-profile cases in Los Angeles often force the LAPD to spend extra hours and manpower on a case so as not to look foolish in the press, and when a Los Angeles criminal defense attorney has to defend his client in such high-profile cases it is vital that the client acts responsibly. If you believe that criminal charges are about to be filed against you, it is always to your benefit to speak with a reputable Los Angeles criminal defense attorney. Even if criminal charges never get filed by the District Attorney, you will benefit immensely from the advice and guidance of a skilled defense lawyer. Tagged as: counterfeit goods pc 350 Celebrity DUI ArrestsPosted on: February 24, 2009 at 6:53 a.m.Los Angeles DUI defense lawyers will tell you, being a celebrity does not exempt you from the consequences of driving under the influence of drugs or alcohol. On the contrary, celebrities have to endure a greater amount of public scrutiny, which makes them more likely to get caught when they are doing something wrong. Many, many people break the law every year by driving under the influence of drugs or alcohol. Celebrities DUI cases have the added dimension of having their mistakes and acts of stupidity splashes all over tabloids, reported in the nightly news and ridiculed on the internet and talk shows. Imagine having your indiscretions being widely publicized for all your friends and family to hear about. In 2008, former basketball star Charles Barkley, New York Yankees pitcher Joba Chamberlain, actress Heather Locklear and Bon Jovi guitarist Richie Sambora were all arrested for driving under the influence. In Locklears case, it was the photographers that were following her who called local law enforcement. Film actress Sandra Bullock and her husband were reportedly hit by someone driving under the influence, while actors Lindsey Lohan and Lane Garrison were sued related to DUI arrests in 2007. Many of these DUI arrests came in Los Angeles, and each of these celebrities had to hire Los Angeles DUI defense attorneys who were experienced with the law and the Los Angeles court system. Penalties for celebrities convicted of DUIs are also no less severe than the average, non-famous person. In Samboras case, he was sentenced to three years probation, ordered to a three-month alcohol education class and required to pay fines as consequence of his 2008 DUI arrest. Socialite Paris Hilton famously spent three weeks in a Los Angeles area jail because of a probation violation stemming from an earlier DUI arrest. Actor Keifer Sutherland spent 48 days in jail in 2007 for his second DUI conviction. The only difference, if there is one, between celebrities or the average person who has been arrested for driving under the influence is a good lawyer. If you have been charged with driving under the influence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. The attorneys at Kestenbaum, Eisner & Gorin, LLP have a combined 50 years of experience in criminal defense and are "AV" rated DUI defense attorneys. They will work hard to ensure the best possible outcome for you. Tagged as: counterfeit goods pc 350, violent crimes defense The Grammy's and Domestic ViolencePosted on: February 10, 2009 at 7:19 a.m.Domestic violence is a crime looked down upon by Los Angeles area courts and heavily condemned by the media and the public. Los Angeles criminal defense lawyers know that domestic abuse and domestic violence is a seriously emotional matter that is usually far more complex than almost any other crime. Domestic violence defense lawyers in Los Angeles regularly counsel and advise people who are facing domestic violence charges and educate them on the law, the inner workings of Los Angeles area courts and how to behave during trial. While domestic violence involves everyday people, it also impacts the lives of the rich and famous. Popular actors and musicians often wrestle with this issue. In fact, Grammy nominated artists have had recent struggles. Los Angeles police have confirmed that Chris Brown is being investigated for felony domestic battery. Per department policy, police are declining to identity the alleged victim. The incident occurred around 12:30 a.m. Sunday in the Hancock Park area of Los Angeles. Earlier in the evening, Brown and Rihanna were all smiles while attending Clive Davis' annual pre-Grammy bash together. In a statement, police say Brown and his companion "became involved in an argument. After stopping his car, Brown and the woman got out and the argument escalated. The woman suffered visible injuries and identified Brown as her attacker." By the time officers arrived on scene, Brown had split. There has been no immediate comment from his publicist, and he has canceled his scheduled performance at tonight's awards. Rihanna's publicist, Amanda Silverman, said that the "Disturbia" singer was involved in a traffic mishap but "is fine." In a statement, the Recording Academy announced that Rihanna would not be performing as scheduled at tonight's show. "We're sorry she is unable to join us this evening." Domestic violence is a crime that carries significant legal and personal consequences. If convicted of a domestic violence felony in Los Angeles, you could be punished with imprisonment, restitution, large fines, community service, probation, parole and/or court ordered counseling. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Violent Crime Involves ActressPosted on: January 26, 2009 at 11:11 a.m.While Los Angeles' violent crime numbers have gone down, Los Angeles violent crime attorneys know that there are still hundreds of violent crimes that occur on a regular basis. Normally, when a violent crime occurs in a Los Angeles city such as Inglewood, it goes unnoticed. However, when the violent crime involves an actress and is gang related, suddenly the city, politicians and the media pays attention. An alleged gang member was convicted of two counts of first-degree murder and six counts of attempted murder in a Los Angeles Superior Court room this month. One of those killed was Tara Correa-McMullen, who was featured in some films as well as the show "Judging Amy." The convicted individual was arrested after he fired at a group of people outside an Inglewood apartment complex on Oct. 21, 2005, killing the 16-year-old actress and injuring two men. Being found guilty of first-degree murder can lead to life in prison, and for violent crimes involving gang activity, it could lead to the death penalty, which is an option in California. No mention was made in this case of sentencing, but for two murders and six attempted murders, the man can be sure he will face decades in prison and will most likely never again live life outside of prison. The man is 23-years-old, which means he is old enough to be charged as an adult. In a violent crime case, if the defendant has a prior criminal offense on his/her record, or if the defendant used a weapon while committing the crime, he/she may be subject to enhanced criminal charges and sentencing if convicted. Due to the life-altering legal consequences that are involved, it is always in a persons best interest to obtain the services of a criminal defense attorney who has the legal background and knowledge it takes to successfully fight violent crime charges. Tagged as: counterfeit goods pc 350, jury trial defense Politics and Drugs: An Embarrassing MixPosted on: January 22, 2009 at 7:26 a.m.Drug offenses are serious, embarrassing and can effect you for the rest of your life. Los Angeles drug offense lawyers represent people everyday, in every walk of life, who have been hammered by the law for succumbing to their own addictions. Los Angeles drug offense lawyers also know that fighting their client means assisting them with their image and life after the trial, as well as all the issues before the trial begins. For high-profile individuals, politicians, athletes, celebrities and so forth, drug offenses can create not only legal problems, but credibility issues. The list of national politicians who have faced drug charges is endless; Mayor Marian Barry of Washington, D.C. was one of the most famous cases, having been caught in a Federal drug sting on camera while smoking crack. Unfortunately, politicians in southern California are no different than the rest of the country. Recently, in San Bernardino County, Assessor Bill Postmus, who said publicly that he had battled but overcome drug addiction, was arrested Thursday on charges that include felony possession of methamphetamine. A felony drug possession conviction can bring at least one year in jail as well as fines in excess of $1,000.
About 50 agents from the county district attorney's office, armed with 10 search warrants, raided locations in San Bernardino, Highland, Apple Valley, Victorville and Rancho Santa Margarita in Orange County. When they entered Postmus' Rancho Cucamonga home, they found methamphetamine and drug paraphernalia, officials said. Postmus was arrested and released on $11,450 bail.
Felony drug charges count as strikes under California's "Three Strikes Laws." Under the Three Strikes Law, if you are charged with three serious felonies, you could face upwards of 25 years in prison.
Tagged as: counterfeit goods pc 350, drug crimes defense Former NFL Hero Accused of Rape...AgainPosted on: January 15, 2009 at 7:37 a.m.NFL players and other high-profile individuals are often the target of allegations of crimes such as sexual assault and other sex crimes. High-profile individuals, which are numerous in Los Angeles are often around numerous people they don't know well, and there are those who look to take advantage of such situations. Los Angeles sex crime attorneys understand that athletes, actors and even politicians can be the target of false accusations. A sex crime is an illegal sex act, or illegal form of human sexual behavior, as defined by the state and federal government. People who are convicted of sex crimes are called sex offenders. In the state of California, all sex offenders must list them selves on the Sex Offender Registry for an indefinite amount of time. This Registry is accessible to the public, which means that future employers, landlords, educational facilities, and neighbors will be able to obtain this information. However, as many Los Angeles sex crime attorneys will tell you, repeat offenders, or those repeatedly accused of sex crimes, will get zero sympathy from the courts, even if all the accusations are false. For example, several months after he was charged with raping a South Carolina woman, former NFL running back David Meggett was in jail Wednesday on allegations of another sexual assault. Meggett, 42, was arrested and charged with raping a 21-year-old woman in her North Charleston home, authorities said. Meggett had been out on bond in connection with another sexual assault charge in South Carolina. Both arrests occurred while Meggett was serving out two years' probation for a 2006 sexual battery charge in North Carolina. The woman told police she woke up at 1 a.m. Tuesday and found a man she knew as "Mike" sitting on her bed, according to an incident report. The man demanded that she repay $200 she owed him and raped her when she said she didn't have the money, police said. Afterward, the man told her he was sorry and that she didn't have to repay him. The woman drove herself to the hospital, where Meggett later met her and was arrested, according to police records. Meggett, who is listed as living in North Charleston, had been out on bond in connection with another sexual assault charge. In September, he was charged with third-degree criminal sexual conduct after a 17-year-old North Charleston woman told authorities she was raped by a man she knew as "Michael," according to police records. Both South Carolina arrests occurred while Meggett was serving out two years' probation for a 2006 sexual battery charge in North Carolina. Authorities there allowed the Charleston native to serve his sentence in South Carolina and have been notified about both of Meggett's recent arrests, said Pete O'Boyle, spokesman for the South Carolina Department of Probation, Parole and Pardon Services. He was denied bond Tuesday night on charges of first-degree criminal sexual conduct and first-degree burglary, said Spencer Pryor, spokesman for the North Charleston police. He was being held Wednesday in the Charleston County jail, and it was unclear if he had an attorney. Meggett has been acquitted on sex-related charges in the past. In 1990, while he was with the Giants, Meggett was found not guilty of soliciting sex from an undercover police officer in Baltimore. Eight years later, he was charged with assaulting a woman in a Toronto hotel room after she refused to continue having sex with him, but that charge was dropped. Tagged as: counterfeit goods pc 350, sex crime accusations Multiple DUI's, A Bad SituationPosted on: January 6, 2009 at 12:04 p.m.Actor Rip Torn has pleaded not guilty to drunken driving charges in Connecticut, nearly two years after being fined and losing his license for similar charges in New York. The 77-year-old Salisbury resident appeared in Bantam Superior Court on Monday. He pleaded not guilty to illegal operation of a motor vehicle while under the influence and failure to drive in the proper lane. He failed part of a field sobriety exam, then gave up after saying the ground wasn't level enough, state police said. He also refused to take a breathalyzer test and used profanity while in the trooper's cruiser, police said. Despite previous drunken driving arrests in New York, Torn may qualify for Connecticut's alcohol education program. The program is for first-time offenders and could lead to the charges being dropped after a period of probation. Torn's DUI defense attorney was able to assist him in this matter; had he been tried as a multiple offender, his jail time, fines and other penalties would have increased. In a Manhattan case in 2004, Torn was acquitted of DUI charges after jurors said the prosecution failed to prove he was drinking before a fender-bender with a taxi, although a police videotape showed him cursing and berating officers before turning down a sobriety test. In California, there are harsh penalties for being convicted multiple times for DUI. The court process for a DUI charge is rather complex, involving a DMV hearing as well as regular court proceedings. With a qualified DUI attorney on your side, you will understand the whole process so you are prepared for what is to come. California DUI Trial A California DUI trial usually takes several days. First, your DUI attorney and the prosecuting attorney will select a jury. After the jury is selected, the trial begins. There are several standard steps which will follow:
Throughout the entire process, our skilled DUI lawyers will be able to keep you informed and appraised as to what is going on. We believe in working directly with you to get the best outcome for your case. Tagged as: counterfeit goods pc 350, violent crimes defense Paris Hilton: Burglary VictimPosted on: December 29, 2008 at 11:42 a.m.An estimated $2 million worth of jewelry and other belongings was stolen from the home of Paris Hilton. The burglary occurred atHilton's Hollywood Hills home. The burglar, or burglars, got into the house through an unlocked door, according to LAPD sources. According to detectives, a man wearing a hooded sweatshirt and gloves burglar-ed Hilton's bedroom, took unknown property and fled, said Officer April Harding. LAPD sources said they do not believe at this time that the burglary is connected to infamous burglaries that have beset the Westside and Hollywood Hills and cost many celebrities hundreds of thousands of dollars in jewelry and other valuables. In those cases, the two - and possibly three - men, clad in black and wearing ski masks and gloves, burglar-ed more than 70 homes in areas such as Bel-Air, Beverly Hills, Holmby Hills and the hills above Encino, usually at night and often on weekends. The victims in those burglaries included former Paramount Pictures chief Sherry Lansing and her Oscar-winning director husband, William Friedkin, Clippers basketball star Cuttino Mobley, Duran Duran guitarist John Taylor and his wife, Juicy Couture President Gela Nash-Taylor, and country music stars Tim McGraw and Faith Hill. A theft crime is a criminal act of taking another individuals personal property without the individuals consent. In California, theft crimes are classified as grand theft or petty theft. Petty theft is taking another persons property (valued at below $400) without the persons consent. In most cases, petty theft is considered a misdemeanor. Grand theft is taking another persons property (valued at $400 or greater) without the persons consent. Many grand theft crimes are considered felonies; which means that the offender can be sentenced with over a year of jail time if convicted. Tagged as: counterfeit goods pc 350 OJ Simpson SentencedPosted on: December 9, 2008 at 1:27 p.m.OJ Simpson, the former football great who has made headlines the last fifteen years for various criminal charges, was sentenced to 16 years in prison for the kidnapping and robbery of two sports memorabilia dealers. The sentencing took place in Las Vegas where the crime took place. Simpson would be eligible for parole in nine years under the sentence handed down. Robbery is the crime of seizing property through violence or intimidation. Armed robbery involves the use of a weapon. Kidnapping is the taking away or asportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute. Both crimes carry serious consequences, and when criminal activity is compounded (as was the case with OJ Simpson) sentencing can be quite serious. The punishment for a robbery robbery may be much more severe if weapons were used, or if someone was injured during the course of the robbery. A theft crime is a criminal act of taking another individual Tagged as: california criminal laws, counterfeit goods pc 350 Actor Involved in Murder and BurglaryPosted on: November 17, 2008 at 11:11 a.m.An accused low-level mob associate who was convicted earlier this year of killing an off-duty police officer during a botched burglary was sentenced to life in prison without parole. The co-defendant, a former "Sopranos" actor, goes on trial this week. The murder was committed two years ago, but the lead defendant wasn't convicted of the violent crime until October. The two men were accused of braking into a Bronx apartment to steal prescription drugs after a night of drinking at a strip club. The off-duty officer cam to investigate and was shot in the heart. The off-duty officer fired back and wounded both men. The actor, Lillo Brancato, was the star of Robert DeNiro's "A Bronx Tale" and has had many parts in movies since then. Over the years, many celebrities have faced various criminal charges and needed experienced violent crime defense attorneys. Criminal defense attorneys who work on high-profile violent crime trials, such as the OJ Simpson trial and the Scott Peterson murder, know the challenges of defending someone whose name is widely known. In Los Angeles, violent crime defense attorneys regularly defend celebrities and well-known personalities in all manner of offenses, including DUI, theft, violent crime, domestic violence and drugs. As Former Los Angeles Prosecutors, our firm specializes in aggressive Criminal Defense work in Southern California Courts - in the area of Violent Crimes. We promise that only the three firm partners work on your case, rather than young attorneys, contract lawyers, or case managers. Our law firm has been recognized as a Top 5% U.S. Law Firm based on peer reviews from other attorneys, judges, and prosecutors, in the area of legal ethics, professionalism, and judgment. We have more than 50 years experience in defending all criminal matters. Tagged as: counterfeit goods pc 350, jury trial defense Mos Def and Arrest WarrantsPosted on: November 12, 2008 at 11:15 a.m.Two warrants were issued for the acting and hip-hop star Mos Def, real name Dante Smith, in connection to a clash with a fashion photographer in August. Mos Def faces charges of felony robbery and malicious destruction of private property after photographer Volker Corell claimed the rap star ripped a camera from his neck, smashed it to the ground and then took off with it. An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual. Warrants are typically issued by courts but can also be issued by one of the chambers of the United States Congress or other legislatures (via the call of the house motion) and other political entities. In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that: - a specific crime has been committed, and - the person(s) named in the warrant committed said crime. An arrest warrant differs from a bench warrant in that a bench warrant is a court order that is issued after a person has failed to appear in court. If a person fails to appear in court, the judge may issue a bench warrant, which will allow law enforcement to detain the person. The purpose of a bench warrant is to achieve the court appearance of a defendant who is involved in a pending criminal action. Once a person is aware that a bench warrant or arrest warrant has been issued in his/her name, it is always in his/her best interest to retain the services of a qualified criminal defense attorney. A warrant can lead to enhanced legal consequences such as jail time, fines, and probation. For this reason, it is always advisable that people consult with a defense attorney once a warrant has been issued for their arrests or detainment. 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 warrant attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients Tagged as: bench warrants, counterfeit goods pc 350 Jennifer Hudson's Tragedy: Crimes Against Her FamilyPosted on: October 29, 2008 at 9:54 a.m.The 7-year-old nephew of Oscar-winning actress Jennifer Hudson was found dead this week, just days after the bodies of Hudson's mother and brother were found in the actress's childhood home. A suspect in the deaths remained in custody Saturday, but had not been charged. A family member entering the South Side Chicago home Friday afternoon found one family member shot on the living room floor. Officers later found Hudson's mother shot in the bedroom. At least one of the victims suffered defensive wounds, said authorities who described the shooting as domestic violence. William Balfour, a man suspected in the deaths, was arrested Friday but had not been charged. Records from the Illinois Department of Corrections show Balfour, 27, is on parole and spent nearly seven years in prison for attempted murder, vehicular hijacking and possessing a stolen vehicle. Violent crimes such as this are dangerous investigations, especially in such a high profile case. The accused may be quite scared and unwilling to trust authorities, family members and even friends. Criminal defense attorneys who defend violent offenders work with the defendant to build trust, which makes a big difference over the course of the trial. 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 violent crimes attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients Tagged as: counterfeit goods pc 350 Britney Spears License TrialPosted on: October 17, 2008 at 9:56 a.m.Any trial involving a vehicle can be tricky, whether it's a DUI case or a hit and run, it takes a keen Los Angeles criminal defense attorney to handle such trials. Britney Spears, the pop-icon, is on trial for a misdemeanor count of driving without a valid license. The trial began with jury selection on Wednesday. The case is the last remnant of an August 2007 incident in which Spears was photographed hitting a parked car and leaving the scene. While Spears settled a hit-and-run charge, here attorney rejected a plea deal that prosecutors offered Spears on the driving-without-a license charge because he said Spears did not want a criminal record. If convicted, Spears faces jail time and a fine, although she has no prior criminal record, so her penalty is unlikely to be severe. Any criminal charge, whether a misdemeanor or felony, can range from a nuisance to a major problem. Take for example hit and run charges. According to the state of California motor vehicle law, any person convicted of a hit and run will receive 2 points on their California DMV record, as well as be subject to severe detriment by increased auto insurance premiums, if not cancellation of the policy altogether. When it comes to driving charges, even the most minor of infractions can lead to major headaches. A typical Vehicle Code violation involves the failure to comply with certain provisions of the California Vehicle Code. Every day, people are charged with Vehicle Code violations and traffic infractions in California. Even though Vehicle Code violations, such as speeding, seem common and harmless, they can quickly lead to misdemeanor or felony charges if there are aggravating circumstances present. When a person is convicted of a serious Vehicle Code or traffic violation, he/she can be sentenced with imprisonment, large fines, and driver Tagged as: counterfeit goods pc 350 O.J. Simpson Not Lucky in VegasPosted on: October 6, 2008 at 11:02 a.m.On October 3, 1995 in Los Angeles, O.J. Simpson was found not guilty of murdering his ex-wife and her companion. On October 3, 2008, in Las Vegas, O.J. Simpson was found guilty of kidnapping, armed robbery and 10 other charges for gathering up five men a year ago and storming into a room at a hotel-casino, where the group seized several game balls, plaques and photos. Kidnapping is punishable by five years to life in prison. Armed robbery carries a mandatory sentence of at least two years behind bars, and could bring as much as 30. Four other men charged in the case struck plea bargains that saved them from potential prison sentences in return for their testimony. Some of them had criminal records or were otherwise compromised in some way. One, for example, was an alleged pimp who testified he had a revelation from God telling him to take a plea bargain. Simpson, now 61-years-old, could spend the rest of his life in prison. Sentencing was set for December 5. Due to Simpson's former trial for murder, many people considered the four-week trial justice delayed. Simpson was cleared in one of the most sensational trials of the 20th century, but was later found liable for the deaths in a civil case. "This was just payback," Simpson lawyer Yale Galanter said Saturday. "They were on an agenda." From the beginning, Simpson and defense lawyers argued the incident was not a robbery, but an attempt to reclaim mementos that had been stolen from him. He said he did not ask anyone to bring a weapon and did not see any guns. The defense attorneys portrayed Simpson as a victim of shady characters who wanted to make a buck off his famous name, and police officers who saw his arrest as an opportunity to "get" him and avenge his acquittal. Tagged as: counterfeit goods pc 350 DUI and ProbationPosted on: July 22, 2008 at 1:52 p.m.A Driving Under the Influence conviction most likely bring with it some form of probation, whether or not jail time is involved. Probation usually gives a certain length of time in which the convicted must stay clear of similar convictions. For example, Khloe Kardashian, featured on E! Entertainment Television's "Keeping Up With the Kardashians" reality show and daughter of Los Angeles attorney Robert Kardashian, had to report to jail for violating her probation in relation to a prior DUI conviction. A judge earlier this month sentenced the 24-year-old to up to 30 days in jail after she admitted violating her probation by failing to enroll in an alcohol education class and clean up roadside trash. Jail overcrowding forced officials to release her early, just as they have with inmates, including other well-known personalities such as Nicole Richie and Lindsay Lohan. For those individuals not blessed with celebrity, the laws can be fierce for those with multiple DUI offenses. A second offense will lead to a license suspension of up to 2 years, 96 hours to 1 year in county jail, a third offense can equal license suspension of up to 3 years, 4 months to 1 year in county jail, a fourth offense is license suspension of up to 4 years, 6 months to 3 years in county jail or state prison. All offenses may also include probation, alcohol classes or counseling, and fines of up to $1,000. The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP are experienced with DUI charges, the science behind blood alcohol content and the complex legal system surrounding DUI charges. Tagged as: counterfeit goods pc 350, violent crimes defense Weapons Charges and Dennis FarinaPosted on: June 12, 2008 at 10:09 a.m.Dennis Farina, star of the television show "Law & Order" and the movie "Get Shorty," was arrested on weapons charges for bringing a gun to an airport. Back in May, the 64-year-old actor was booked in the felony case for possessing a case with a semiautomatic .22 gun. The actor spent a day in the Van Nuys jail and posted $35,000 bail. Farina claimed to have forgotten he had the gun with him. Farina isn't the only high-profile individual to have had this happen to him; Snoop-Dog was arrested at an airport for similar charges, as was the son of former presidential candidate Mike Huckabee. Both were carrying weapons into the airport, which is illegal. In California, especially in cities such as Los Angeles and San Francisco, weapons and firearms laws are particularly stringent, and the general public must be aware of this. Below are some tips on how to handle firearms and weapons related charges: 1. Contact an attorney - Law enforcement may not notify you of your rights entirely, and security at the location where you've been arrested may not act according to the law. An experienced attorney will be able to help you with this. 2. Cooperate with police - While you do have the right to remain silent, you don't have the right to resist arrest, fight with the police or obstruct justice. This may help with sentencing. 3. Be aware of your surroundings - Places like airports, schools and other public places will be particularly sensitive to someone bringing firearms or weapons with them. Be aware of this when you're traveling to a school, a park, any major city or the airport. 4. A serious enough weapons charge could count against you as a felony or under California's Three Strikes laws. 5. Any weapon can and will be checked for recent crimes, and even if you aren't the person who committed the crime, it could lead to jail time. Tagged as: california criminal laws, counterfeit goods pc 350, federal law and defense, jury trial defense Bill Murray and Domestic ViolencePosted on: June 2, 2008 at 4:19 p.m.Bill Murray, star of Ghostbusters, Scrooged and Lost in Translation, recently found out his wife filed for divorce. Some of his wife's reasons for wanting a divorce included allegations of physical abuse as well as Murray's own problems with drugs and alcohol. Allegations such as domestic violence tend to arise during divorce proceedings, although they sometimes turn out to be either false or taken widely out of context. Domestic violence is a serious matter, and Murray's wife could also bring him up on criminal charges if these allegations are true and can be proven in court. In California, domestic violence carries with it some heavy penalties, although the severity of punishment depends upon whether the charge is a felony or misdemeanor. The penalties for a domestic violence conviction can include fines of up to $10,000, jail time and/or community service and up to a ten year ban on the use of fire arms (amongst other actions). This is only for a first time offense, further convictions can lead to not only increases fines and penalties, but also the possibility of being convicted under California's Three Strikes laws, which can carry a life sentence. As is the case in this instance, drug and alcohol dependency and abuse are often involved in domestic violence matters. Submitting to treatment programs before a trial and help in these matters as it shows the court a repentant attitude and that the individual is willing to seek help to stop this behavior. If you're facing a domestic violence charge and you need assistance in your defense, contact the attorneys at Kestenbaum, Eisner & Gorin, LLP. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Orange County Sheriff's Deparment: Head Sheriff IndictedPosted on: January 20, 2008 at 3:49 p.m.California criminal attorneys know from their own defense experience that the beauty of American democracy is that no one is above the law. This law blog's author and his law firm have represented attorneys, doctors, police officers, and even political figures. It then does not come as a surprise. Carona's federal indictment has made some county officials uncomfortable with him remaining in office. California law allows Carona to remain in office unless he is convicted, although only two elected sheriffs in recent California history have done so -- and both ultimately resigned. Carona, his wife, Deborah, and his alleged mistress, Debra V. Hoffman -- all named in a sweeping public corruption indictment -- were free on bail Wednesday after waiting several hours in a courthouse holding cell for their hearing. Magistrate Robert Block told them not to leave the country and to give the court 48 hours notice before traveling out of the state. The indictment charges that Carona engaged in a broad conspiracy to enrich himself, his wife and Hoffman by trading access to his department for cash and gifts. The indictment says the scheme took root in March 1998, before he was elected, and stretched until this August, when Carona allegedly tried to persuade one of his chief accusers -- former Assistant Sheriff Donald Haidl -- to lie to the grand jury. Haidl and former Assistant Sheriff George Jaramillo, also charged as part of the conspiracy, have brokered plea agreements with prosecutors. Throughout the hearing at the federal courthouse in Santa Ana, Carona held his chin high. His wife had a vacant stare. Both kept their cuffed hands in their laps as the charges against them were read. Attorneys turned the pages of documents for the sheriff and placed reading glasses on Deborah Carona's nose. Hoffman sat quietly behind them. This criminal case is ongoing. The Criminal Law Blog will continue to monitor the legal and defense developments in the case. Tagged as: counterfeit goods pc 350 Car Stop by a Police Officer: Unlawful if License Tag is Valid, which Officer states he did not seePosted on: January 16, 2008 at 11:09 p.m.Car stops are a frequent means of police investigation, which lead to arrests for the possession of narcotics, firearms, and other contraband. If the traffic stop is unlawful, the Constitution states that what the police found in the car is not admissible in court, and thus typically the criminal charges of possession are dismissed. A recent California decision further defines the extent of justification officers need for a lawful car stop, and provides an argument for Southern California Criminal Attorneys to suppress improperly obtained evidece. A recent California Court Of Appeal decision dealt with the issue of a police officer who testified that he stopped a vehicle because it had an expired license tag, and that he didn Tagged as: counterfeit goods pc 350, dui drunk driving defense vc 23152, probation and sentencing laws Grand Jury Investigation of High-Profile Individuals: Indictments of Barry Bonds in California, and Bernard Kerik in New YorkPosted on: November 16, 2007 at 6:24 a.m.What is a Grand Jury? A grand jury investigates civil and criminal matters in proceedings closed to the public. A civil grand jury investigates the operation, management, and fiscal affairs of the county and the cities in the county. A criminal grand jury has constitutional authority to indict a suspect after finding probable cause that he or she committed an offense. The prosecutor presents the case to the grand jury in the form of testimony and other evidence and may answer questions that members of the grand jury have concerning the law. A grand jury is not supposed to receive evidence that would be inadmissible over objection at trial. However, even if the grand jury hears evidence that would be inadmissible at trial, the indictment is not void if there is sufficient competent evidence to support the indictment. Once the presentation of evidence is completed, the grand jury deliberates in secret. A 19-member grand jury may bring an indictment when 12 or more jurors conclude that the evidence presented establishes probable cause to believe that the accused committed the offense. Probable cause is the same standard used by the magistrate at a preliminary hearing: whether the evidence would lead a person to believe and conscientiously entertain a strong suspicion of the guilt of the accused. Why are celebrities and public officials often investigated through Grand Juries? The proceedings are secret investigations, witnesses are ordered not to reveal what they testified to in front of the Grand Jury, and thus the media is often unaware that an investigation is even happening, or the details surrounding it. The grand jury process often precludes the glare of media attention on witnesses, as well as the subjects of the investigation. The process is fair, in part, because an ongoing grand jury investigation does not mean someone will necessary be indicted for a crime. Thus, if there is insufficient evidence for an indictment, a person's name and reputation may be preserved without the taint of a public criminal investigation picked apart by the media. On the other hand, the prosecutors can coax reluctant witnesses to testify, and can take years to gather evidence and testimony they need to a build a case against a target. Also, the "secret" aspect of the process harkens back to the inquisitorial processes in criminal courts centuries ago. Keep in mind that an indictment is just a criminal accusation made by a grand jury. The defendant still has the right to a jury trial to defend himself. Recent examples of grand juries investigations of high-profile figures include baseball player Barry Bonds and Former NYC Police Commissioner Bernand Kerik. Barry Bonds was indicted today. The slugger became baseball's all-time home run king in August, and was charged by a federal grand jury in San Francisco on perjury and obstruction of justice charges after a four-year investigation into whether he lied under oath about his use of steroids. Bonds, 43, faces four counts of perjury and one count of obstruction of justice, the U.S. Attorney's Office in San Francisco announced. (The Indictment Reads: "Bonds is charged with knowingly and willfully making false material statements regarding his use of anabolic steroids and other performance-enhancing substances while under oath during his testimony before the federal grand jury that was conducting the investigation into [BALCO], and with obstructing justice in the same investigation," the office said in a news release.) BALCO founder Victor Conte pleaded guilty to distributing steroids after a 2003 raid of his company by the Internal Revenue Service, and Bonds would later tell a grand jury investigating BALCO that he may have unknowingly received designer steroid products known as "the cream" and "the clear." In testimony leaked to the San Francisco Chronicle, Bonds said he believed one of the products was flaxseed oil, a claim met by doubts from those who watched him increase his previous season-high home run total of 46 to a record-breaking 73 in 2001. Bonds' insistence of unknowing steroid use launched a subsequent grand jury that investigated whether he had committed perjury. Bernard Keric, the former New York City police commissioner and protege of presidential hopeful Rudolph W. Giuliani, appears to be drawing to a close with a possible indictment. A grand jury that has been hearing evidence for several months on whether Keric committed tax evasion and other charges, The investigation stemmed from a $240,000 renovation of Kerik's apartment in 1999. Authorities alleged that most of the work was paid for by mob-connected builders who sought his help winning city contracts -- a charge he denied until a misdemeanor guilty plea in state court last year. Before the scandal broke, Giuliani endorsed Kerik's nomination in 2004 to head the Department of Homeland Security. Kerik then announced he was withdrawing as President Bush's nominee because of tax issues involving a former nanny. Tagged as: counterfeit goods pc 350, high profile defense State Prison for Actor Lane Garrison: No Probation despite Court-Ordered Penal Code Section 1203.03 Diagnostic StudyPosted on: November 2, 2007 at 5:37 p.m.This week, in Beverly Hills Superior Court, actor Lane Garrison was sentenced to 3 years 4 months in state prison. He was sentenced for a wreck he caused while driving intoxicated. He hit a tree in his SUV, killing a passenger and injuring two others. In court, at the time of sentencing, there were supporters of the actor, along with friends and family of the deceased victim. The court process provided a resolution to a highly emotional case. Back in May 2007, Garrison's L.A. criminal defense lawyer persuaded the judge to agree to a diagnostic study pursuant to Penal Code Section 1203.03. The actor pled "open" to the court to the charge of a vehicular manslaughter (deceased victim), along with charges of DUI causing great bodily injury (two passengers injured). And "open" plea means it is up to the court to decide on the level of punishment, and is completely within the court's discretion. The DA is not part of this dynamic, and provides his arguments during the sentencing hearing. In this case, as the DA did not offer a plea bargain that the defendant agreed to, the only option from the criminal defense perspective, short of fighting the case at jury trial, was to ask the judge for an open plea and a diagnostic study. Experienced Southern California criminal lawyers frequently use the diagnostic study provision, to sucessfully obtain probation for their client, instead of prison. The statute for the Diagnostic Exam reads as follows: 1203.03. (a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes that a just disposition of the case requires such diagnosis and treatment services as can be provided at a diagnostic facility of the Department of Corrections, may order that defendant be placed temporarily in such facility for a period not to exceed 90 days, with the further provision in such order that the Director of the Department of Corrections report to the court his diagnosis and recommendations concerning the defendant within the 90-day period. (b) The Director of the Department of Corrections shall, within the 90 days, cause defendant to be observed and examined and shall forward to the court his diagnosis and recommendation concerning the disposition of defendant's case. Such diagnosis and recommendation shall be embodied in a written report and copies of the report shall be served only upon the defendant or his counsel, the probation officer, and the prosecuting attorney by the court receiving such report. After delivery of the copies of the report, the information contained therein shall not be disclosed to anyone else without the consent of the defendant. After disposition of the case, all copies of the report, except the one delivered to the defendant or his counsel, shall be filed in a sealed file and shall be available thereafter only to the defendant or his counsel, the prosecuting attorney, the court, the probation officer, or the Department of Corrections. In Mr. Garrison's case, a diagnostic report was prepared by the Department of Corrections, and a sentencing hearing was held with character witnesses, supporters for both sides, and family of the deceased. At the sentencing hearing, after reviewing the diagnostic report, the judge ordered Defendant to serve 40 months in prison, which means he will do an actual 20 months (receiving credit for good behavior), and ordered him to pay restitution in the amount of about $250,000. The Defendant had no prior criminal record. The Prosecutor argued that the Defendant should be sent away to prison for the maximum, 6 years 8 months. "A high school party," the DA said with disdain. "What's he thinking?" Garrison met the teenagers in line at a Pavilions supermarket, the prosecutor said. After buying them alcohol, they went to a party where he drank vodka and then went out to buy more alcohol with the teenagers in tow, the prosecutor said. The DA continued: "Before he gets in the car with these children, he's asked -- and everyone remembers this -- 'Are you OK to drive?' ...Before they leave, the defendant gives this answer: 'I'm from Texas. We can hold our liquor in Texas.' " The police, after the crash, found Defendant to have a blood-alcohol level of 0.2%, more than twice the legal limit of 0.08%, and he tested positive for cocaine. Garrison filmed a tearful TV public service announcement about drinking and driving -- which did not come into consideration when the judge decided on sentencing, according to a court representative. There were 3,600 signatures collected by friends of the deceased, parents, teachers and area residents urging the judge to hand down the maximum sentence. Heart-wrenching statements from family members and agonized apologies from Garrison were heard. Garrison explained: "This remorse is genuine and I've felt it every day," he said, telling the victim's family "how sorry I am that their son is never going to come back." The judge did not hand out the maximum punishment, but refused to grant probation. "I think you are ultimately a decent human being who made a very bad mistake," Fox told Garrison. He commended him for taking responsibility and pleading guilty early in the court case. The judge also said that the public "has a right to know that conduct such as this, causing devastation such as this, needs to be punished." Keep in mind, there was no jury trial here! Garrison essentially asked for the sentencing mercy of the court. He got it in part, although he failed to receive probation (which is often granted after a Diagnostic Study is ordered). No one left the court feeling completely happy - however, it appears justice was served, and the judge acted fairly with due consideration to both the prosecutor and defense side. Tagged as: counterfeit goods pc 350, vandalism pc 594, violent crimes defense What happens when government gets involved in financing an indigent defendant's defense costs?Posted on: October 28, 2007 at 11:10 a.m.In Georgia, a defendant is charged with committing a heinous crime, first rape, then escaping from the courthouse killing a judge and three others. He is facing the death penaly. But because he is indigent, the state is paying for his defense lawyers fees, as is the case in all other parts of the country. Lawmakers are calling for impeachment of the judge who has approved the indigent defendant's lawyers fees. The trial judge on the death penalty matter is subject to the ire of state lawmakers because he has approved over $1.2 in legal fees to the defense lawyers preparing for trial. No one has claimed that the lawyers have padded their bills, or been unreasonable in trial preparation work in any way. Rather, the lawmakers feel that the judge should rein in the criminal defense lawyers. Critics say DeKalb County Senior Judge Hilton Fuller has mismanaged the high-profile death penalty case. In the middle of jury selection, the case has come to a halt because of disputes about those payments. The lawmakers have said: "How many more millions will be spent giving Brian Nichols a defense that no one, including the taxpayers, could afford for themselves?" said Republican House Speaker Glenn Richardson in a statement. "There are serious questions about the poor handling of public funds that need to be addressed. The law provides the House that authority, and we intend to investigate the matter." Richardson said he planned to appoint a special committee, headed by attorney and Republican state House Majority Whip Barry A. Fleming, to investigate Fuller's handling of the trial and whether there was an "abuse of the system." This simply never happens. And it shows the power a government can have over a judge, if it does not like the judge's conduct. The judge appears to have done what any judge would have done in his situation -- approved reasonable legal fees for the defense. The fees are high, but should not an indigent defendant have a thorough defense, especially if he is facing the possibility of losing his life. After Nichols arrest following the escape and homicides, the Georgia Public Defender Standards Council assigned a team of salaried defense lawyers to the case, but prosecutors raised issues about the standing of one of the attorneys with the State Bar of Georgia, and moved to disqualify the entire public defender's program from the case. The council withdrew the original lawyers, and in an abundance of caution, assembled a new team that included three outside lawyers who billed by the hour. Fuller approved those rates, which are as high as $175 per hour, in July 2005. By last August, according to court documents, they had billed for more than $700,000 in attorneys fees and $200,000 in expert fees. Importantly, the prosecutors office also has a number of lawyers handling the case. Fulton County Dist. Atty. Paul Howard's office has assigned five assistant prosecutors to the Nichols case. They filed a 54-count indictment and submitted the names of 300 potential witnesses. Defense attorneys argue that they need a budget that allows them to mount a sufficiently vigorous defense. The case is taking a toll on Georgia's public defender system. The Legislature cut the system's budget for the public defender's council about 20% this year. It owes the three outside attorneys more than $160,000, and has declined to pay, despite an order from Judge Fuller. On Oct. 17, Fuller halted the case after two days of jury selection after the defense attorneys asked that the funding issues be resolved. In other words, the defense lawyers want to make sure that they will paid for their months of work, just as the prosecutors. Importantly, the U.S. Constitution guarantees the right to effective counsel. So despite the pain of taxpayers having to pay for an attorney, we are ensuring that everyone who stands accused exercises to right to an attorney in court. Tagged as: counterfeit goods pc 350 Spector Hung Jury: Why did the judge have to declare a mistrial?Posted on: September 26, 2007 at 10:38 p.m.Today the twelve jurors deliberating on Spector's fate were deadlocked after close to two weeks of deliberations. The split was 10-2 for guilty. While the split seems very uneven, and some may suggest that he might as well be found guilty, the beauty of our criminal justice system is that it requires unanimity. In this way, more social acceptance exists of a decision which may be highly unpopular (like the OJ Simpson trial -- imagine if that jury was deadlocked 10-2 not guilty, and the court decided he might as well be found not guilty because of the large majority, what kind of social outrage would be shown). Because the jury was deadlocked in Spector, the judge was forced to declare a mistrial under the provisions of the California Penal Code. The prosecution will retry Spector for murder, and may choose to include the lesser charge of manslaugter to improve its chances for a guilty verdict, and to avoid another retrial. The defense may have the edge in the retrial, because it can rethink its strategy knowing all the prosecution attacks, and shortcomings. Three jurors provided interviews to media after the mistrial was declared. Initially, four jurors voted guilty, 5 were not sure, and three were voting not guilty. As the deliberations proceeded, the vote became 7-5 for guilty. The jurors said that their deliberations were often emotional, with panelists debating how to interpret the many pieces of evidence presented at trial. They said they clashed over whether Spector's chauffeur understood English well enough to be sure that his boss said after the shooting, "I think I killed somebody." "Most of us believed he said what he thought he heard," the foreman said. Jurors repeatedly watched a video interview in which the defense said the chauffeur had hesitated about what he heard. "Some gave it a lot of weight. Some didn't," the foreman said. Jurors also said there was emotional disagreement over the portrayal of Clarkson, 40. Spector's defense painted her as driven to deep depression by her difficulties as an aging actress in Hollywood. Prosecutors complained that the defense had "murdered" Clarkson again in court. According to one juror, one of his colleagues criticized Clarkson for going home with Spector, saying, "A man will go only as far as a woman will let him." "I found that so insulting," the juror, the facilities manager, said. "Was she a whore? Does she deserve to die for that?" Asked if he felt the court's time was wasted, the foreman said no. "When there's a doubt and the jury cannot find a unanimous decision, does that mean they wasted their time?" he asked. Answering his own question, he continued, "No. Those are the principles this country is founded on." In the end, while we do not have closure, how many of us feel that the trial was not fair, or that the deliberations were corrupt (as they are in many other parts of the world -- where a trial verdict may be predetermined by the government, or rich private citizens capable of bribing officials). In Spector, twelve strangers came together to discuss the conduct of a rock-and-roll celebrity. While the final result was not satisfying, the system worked the right way: there was no unanimity and thus a mistrial was declared. It is expected the retrial will start in 2008. Tagged as: counterfeit goods pc 350 Phil Spector Murder Case: Jury Starts Deliberations in Another High-Profile Los Angeles Trial - Can the Prosecution win this one?Posted on: September 10, 2007 at 9:46 a.m.Jury deliberations began today after a four months trial. The Los Angeles County District Attorney's Office has thus far lost its famous celebrity cases, OJ and Robert Blake. It now it appears it may finaly win one. Prosecutors presented great prior violence evidence against Spector, received numerous favorable judicial rulings throughout, and were faced with a fractured defense team (Blake kept changing his lead lawyers). Prosecutors argued that Spector had a long history of gun threats against women and put a loaded snub-nosed revolver in Clarkson's face when she tried to leave. Whether he meant to kill her is irrelevant, they argued that his knowing disregard for life would constitute murder under California law -- even if the gun was discharged by accident, so long as Spector brought the gun up to the deceased's face, his actions were highly capable of killing and thus he should be responsible for murder (known as implied malice). Alan Jackson, the lead prosecutor, presented a compelling closing argument, while the lead defense attorney Linda Baden read her entire argument from a 1"-thick stack of papers in a binder. The defense case's focus was the objective science proves Spector not guilty. Of course, science may be objective, but the scientists intepreting the results may not be especially when they are paid tens of thousands of dollars. The prosecutors referred to this phenomenon as the "checkbook defense." Spector's criminal defense lawyers called numerous crime scene experts, pathologists, and other scientists to establish that the blood spatter, DNA, and gushot residue on Spector and his clothing was too minimal. They argued if he was so close as to pull the trigger, he would have brain matter, and blood all over him as a result of an intra-oral gunshot wound the deceases Lana Clarkson suffered. In the end, the jury was left with a case where no testifying witness observed the shooting. The limo driver was outside, and only saw and heard Spector after the shooting. Even though Spector made an incriminating statement "I think I just killed someone," the defense argued that the limo driver's English was poor, he was tired from driving Spector around the entire night, and probably heard "I think someone is killed." Also, because the gun was fully in the deceased's mouth, the question of how someone can force a gun into an unwilling person's mouth was not fully answered. Also, the prosecutor's experts argued homicide, while the defense witnesses opined suicide. While this is an interesting circumstantial evidence case, there is no direct evidence (witnesses or admissions) of guilt. The case has reasonable doubt and the Law Blog feels it would be difficult for a jury to reach a unanimous verdict. Tagged as: counterfeit goods pc 350 Phil Spector Jury Trial: An Example of Circumstantial Evidence in Criminal CasesPosted on: August 13, 2007 at 7:38 p.m.Defendant Phil Spector's jury trial has now entered its 5th month. The Prosecution has called numerous witness, and the Defense is calling its own forensic and character witnesses. Finally, both sides intend to present rebuttal cases - to respond to the other's contentions. As no one observed the shooting take place and Defendant denied committing a crime, there is no direct evidence of what happened. As a result, circumstantial evidence provides both the Defense and the Prosecutors strong points of argument. In other words, this evidence relies on what inferences a side make from certain circumstances (as described below), to prove the ultimate fact -- did Clarkson or Spector pull the trigger. It is significant that -- before deliberations - the jury will be instructed that if there are two reasonable interpretations to the circumstantial evidence, jurors must give the Defendant a benefit of a doubt, and accept the defense version of the evidence. To recap, Los Angeles criminal prosecutors argue that Spector shot Clarkson when she tried to leave, after accompanying him home from the House of Blues, where she worked as a VIP hostess. His L.A criminal defense lawyers say the 40-year-old actress, despondent over her fading Hollywood hopes, took her own life. Here is how some of the circumstantial evidence fits into the competing versions of what happened, in front of the jury: 1) Did a drunken Spector shoot Clarkson when she spurned his romantic advances, as the prosecution alleges? Or were Clarkson and Spector intimate before she shot herself in an impulsive act, fueled by alcohol and Vicodin, as the defense contends? A three-pack of Viagra with two tablets missing was found in Spector's briefcase, and an empty bottle of tequila and two glasses with Clarkson and Spector's fingerprints were left on a coffee table in the mansion's living room. Clarkson's false eyelashes were left next to a snifter of liquor in the bathroom. The items could support both the defense and prosecution theories. 2)Gun: The prosecution says smeared blood on the murder weapon suggests Spector tried to wipe it clean, perhaps to remove his fingerprints. The gun was found under Clarkson's left ankle; the 40-year-old actress was right-handed. Prosecutors say if she had shot herself, the gun would have dropped beneath her right hand. Defense attorneys say police could have moved the gun after the shooting. They note that a piece of wire from an electric Taser used to subdue Spector well after the shooting was also recovered from under Clarkson's foot. 3)Diaper: Prosecutors say a white cloth diaper, soaked with Clarkson's blood and left on the bathroom floor, was used to clean up the crime scene as part of Spector's efforts to cover up a murder. The defense contends Spector used the diaper to render aid to Clarkson. 4)Clothing: Up to 18 tiny drops of Clarkson's blood were found on the white women's jacket that Spector wore that night and was found upstairs. The defense argues the jacket would have been covered with blood if Spector had been close enough to fire with the gun barrel in Clarkson's mouth. The absence of blood on the jacket cuffs, in particular, is evidence he was not the shooter, his attorneys say. The defense also contends that copious blood and tissue stains on Clarkson's black slip dress are signs she shot herself. 5)Prosecutors say the fact that Clarkson's dress was bloodied, while her outstretched legs were not, shows that the blood traveled no more than the length of her dress, about 3 feet. That puts Spector, whose jacket was spattered with blood, within shooting range, they suggest. Defense experts say the absence of blood on Clarkson's legs means nothing. They contend her legs were extended only after she was shot, when she slumped in the chair. The prosecution also maintains that blood in the pocket of Spector's trousers -- a pair of Haggar Expandomatic slacks -- could show he put the gun there after he shot Clarkson. The defense says the lack of blood spatter on the trousers shows that Spector was standing too far away to have shot Clarkson. Clarkson's purse was hanging backward over her shoulder. A prosecution expert testified that could suggest it had been placed there by someone else -- presumably Spector, the only other person in the house -- after her death. 6)Flat white object: Prosecutors say a small white object removed from the crime scene by defense criminalist Henry Lee and concealed from investigators was a piece of Lana Clarkson's acrylic fingernail, broken or blown off when she held her hands up in front of her face to block the gun. The defense says either there was no object, or it was something else, perhaps a carpet fiber, that was turned over to the prosecution. Defense experts say an acrylic fingernail would have melted in the heat of the gun blast. 7)Chauffeur: Driver Adriano DeSouza told 911 operators and police that Spector stood in the doorway holding a bloody gun and said, "I think I killed somebody." The defense says DeSouza probably misunderstood Spector, because of language difficulties (he is a native Portuguese speaker) or noise from an outdoor fountain. Tagged as: counterfeit goods pc 350, motion to dismiss unlawful police search Criminal Defense: High-Profile Cases, Celebrity Defendants: Lohan, Hilton, and Gibson receive special treatment?Posted on: July 29, 2007 at 7:12 p.m.Criminal Lawyers do a disservice to their clients if they seek publicity. The Los Angeles Criminal Law Blog believes it is better to keep clients out of the news. Criminal Attorneys at Kestenbaum Eisner & Gorin have represented professional athletes, television personalities, and actors. The best defense practice in smaller celebrity cases is to avoid the media, to not do interviews, or speak to the press. Even if there were no celebrities involved, but the crime received local media attention, it is still better to avoid publicity (unless of course the prosecutors or the police have sought unfair pretrial publicity causing strong public sentiment against our client!) It is foolhardy to think that major international celebrities can be kept out of the news. The media has a field day at the arrests of Lindsay Lohan, Paris Hilton, and Nicole Richie. These cases become fodder for papparazzi, and tabloid media outlets. How does a L.A. criminal defense lawyer defend major-celebrity cases, beside having a P.R. firm, and publicists to assist with media inquiries. Typically it is better to dispose of these cases through an immediate settlement, known as plea bargaining, with the prosecutor's office. In this way, the client's name disappears from the front page, and any damage to reputation can be limited to a short period of time. When a celebrity client is charged with very serious crimes that may require substantial jail time, a quick disposition is not possible in the L.A. criminal justice system. Criminal attorneys must aggressively prepare the case for trial, through a thorough defense investigation, to find weaknesses in the case. This defense evidence can be used as leverage in the plea-bargaining process, to preclude jail time, and to substitute in community service work. Special treatment is usually not received by celebrities (except may be in front of juries in trials). Prosecutors, judges, and court staff do not want to be accused of preferential treatment. If anything, celebrity cases are much more scrutinized, and thus the flexibility that ordinary clients receive in plea-bargaining is typically not available for the celebrity -- as everyone in the criminal justice system knows that his or her decisionmaking will be scrutinized by the entire world. Tagged as: counterfeit goods pc 350, violent crimes defense An example of Los Angeles Criminal Defense: Lindsay Lohan's Second DUI Arrest and Its ConsequencesPosted on: July 25, 2007 at 1:13 a.m.Lindsay Lohan's first arrest happened in late May 2007 during the Memorial Day weekend. She was charged with Driving Under the Influence, a misdemeanor crime. News media reported her blood alcohol to be twice the legal limit, with traces of cocaine. During the incident, papparazi taped her running from the crashed Mercedez driver's seat, and having her bodyguard then drive the car from where it was wrecked to an underground garage. Thereafter Ms. Lohan was reported to be in staying at a rehab center, and wearing a SCRAM device on her leg to monitor the existence of any measurable blood alcohol. Yesterday Ms. Lohan was arrested for a 2nd-time DUI offense, and after her arrest the police found cocaine in her possession -- which is a felony, that cannot be reduced to a misdemeanor. What does all this mean in terms of her court cases, and criminal defense strategy? The first legal challenge is the cocaine possession because it carries the possibility of being branded a "Felon," and stiff jail or prison sentences. Criminal Defense Lawyers who operate the Law Blog typically secure a live-in drug program for clients in these type of situations for two reasons (1) to avoid any jail time and (2) to have the felony dismissed as part of the Deferred Entry of Judgement program provided for in the California Penal Code. The other problem for Ms. Lohan is that the second time DUI carries mandatory 96 hours in jail, and a 1-year license suspension. The Law Blog would pick the weakest of the DUI cases, and work with the prosecutor and judge to plea bargain it to a reckless driving charge (to avoid a DUI conviction!). In this way, Lindsay Lohan would have one DUI, not two, on her record and could receive a restricted license after a 30-day suspension without any jail. This "celebrity" case, however, will have substantial media scrutiny. Most likely no one within the justice system wants to go out on a limb, to give Ms. Lohan a great plea bargain or a better deal than someone else would receive (and in fact someone may want to make an example of her just as with Paris Hilton). Accordingly, the Los Angeles Criminal Defense Lawyers representing her definitely have their work cut out, to keep Ms. Lohan out of jail. Prosecutors could argue that Ms. Lohan is a danger, shows a reckless disregard by driving drunk twice in a short period of time, and should spend substantial custody time as just punishment. Tagged as: counterfeit goods pc 350, violent crimes defense Can a criminal defense attorney be ordered to testify against a former client?Posted on: July 15, 2007 at 10:55 a.m.Typically lawyers do not testify against clients. That is based on the attorney-client privilege, which protects all communications between a lawyer and his client. If a lawyer were forced to testify, the level of confidentiality between criminal attorneys and their clients would be violated, so that clients would not feel free to tell their lawyers everything, which could of course affect the lawyer's ability to effectively represent the client. Recently, in the Phil Spector case, a criminal defense lawyer was ordered to testify. Why? The criminal attorney witnessed a defense criminalist remove a piece of evidence from the crime scene, and fail to turn it over to the police. Spector's former L.A. criminal defense lawyer maintained that ethical obligations prevented her from taking the stand against her former client. The criminal attorney then reversed her position a day after the state Supreme Court rejected her appeal of contempt of court charges and sided with a judge who had promised to put her behind bars if she did not testify. As a result, this L.A. criminal attorney spent 30 minutes on the witness stand, recounting what prosecutors say was the destruction or concealment of crime-scene evidence by Dr. Henry Lee, the famed forensic scientist working for the defense. The reason the testimony was allowed was that the criminal defense attorney's observations were not communications between her and her client. Further any privilege claims were waived when she had testified to the removal of evidence from the crime scene weeks earlier in a court hearing outside the jury's presence. Tagged as: counterfeit goods pc 350 Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses. |
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