Keegan Accused of Domestic AbusePosted on: September 21, 2009 at 3:51 p.m.Los Angeles criminal defense attorneys represent celebrities and popular figures on a regular basis, often from very serious criminal charges. Most people assume celebrities have it easier than the rest of us. In many ways they might. If, however, they make mistakes or have disputes with significant others, celebrities are in the altogether unenviable position of dealing with intense media scrutiny. Such is the case for actor Andrew Keegan whose former girlfriend is accusing the “10 Things I Hate About You” star of attacking her and recently asked a Los Angeles judge for a restraining order that would bar Keegan from going within 100 yards of her. Kristi Parrales, a swimsuit model, claims Keegan violently attacked her on two separate occasions, has started turning up at her place of business and even went so far as to slash her tires when she had him thrown out. Keegan, for his part, claims he was in Las Vegas the weekend Parrales has accused him of slashing her tires. While no domestic abuse or assault charges have been filed by Parrales, Keegan still has to endure the scrutiny that comes with a story like this being circulated by the media. Domestic violence allegations are investigated and taken very seriously in Los Angeles. Domestic abuse or domestic iolence is any violence between a married or cohabitating couple, people who are formerly or currently dating or people who have children or a child in common. While physical violence is the hallmark of domestic abuse, threatened violence, intimidation, verbal abuse and stalking are also considered domestic violence. Most domestic violence charges in Los Angeles can be either misdemeanor or felony criminal offenses, depending on the severity of the case. Severe bodily injuries such as broken bones or severe cuts are nearly always classified as felony offenses, subjecting the defendant to much harsher punishments in the event of a conviction. In Los Angeles, even if the victim of domestic violence decides not to press charges, the Los Angeles police department can still arrest and prosecute the alleged perpetrator. A conviction for a misdemeanor domestic violence charge can land you in a county jail for up to six months and may also require community service, restraining orders and a 52-week counseling program. If you are convicted of a felony domestic violence charge in Los Angeles, you might be sent to either a county jail or a state prison for anywhere from three months to three years, in addition to restraining orders, community service and counseling. If you have been accused of domestic violence in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have a combined 50 years of courtroom experience in defending against domestic violence charges. Let us fight for your reputation and freedom. Tagged as: domestic violence pc 273_5, high profile defense Hollywood PI Gets 15 YearsPosted on: December 16, 2008 at 9:09 a.m.Anthony Pellicano, the private investigator (PI) to the stars, was sentenced in FederalCourt to 15 years in prison in a celebrity wire tapping scandal. Pellicano was also ordered to pay $2 million in damages. In May, after a two month Federaltrial, Pellicano was convicted of 76 counts of racketeering, wire fraud, identity theft and wire tapping. Pellicano and high-powered attorney Terry Christiansen were convicted in August of conspiring to wiretap Kirk Kerkorian's former wife. Pellicano did not use a Los Angeles criminal defense attorney for these Federal trials, instead choosing to represent himself during the trial that included studio executives and high-profile celebrities. Federal investigators raided Pellicano's offices on Sunset Boulevard as part of their investigation into the threats against Bush and exposed his wiretapping enterprise. The case captured Hollywood's attention as A-listers and insiders speculated on who would be caught up the scandal. Sylvester Stallone and Keith Carradine were wiretapped; Shandling was subjected to an illegal criminal background check. The names of other stars, including Chris Rock and Courtney Love, came up in testimony during the trials. Federal crimes are violations of laws that are passed by the United States Congress. A federal crime is also any crime that takes place on federal property. Federal property includes courthouses, airports, designated parks, and government owned buildings. All federal crimes are investigated by federal law enforcement agencies, such as the Federal Bureau of Investigations (FBI) and the Central Intelligence Agency (CIA). Once a person is charged with a federal crime, he/she will be prosecuted by a US Attorney. Tagged as: high profile defense Federal Crimes Defense - Trafficking of Cigarettes, RICO, Conspiracy LawsPosted on: November 17, 2008 at 2:02 a.m.While the sales of cigarettes appears to be a mundane activity, some businesses attempt to avoid paying government taxes on the import and sales of cigarettes. The federal and state government then steps in to enforce the tax laws and prosecute the violations including RICO and conspiracy criminal laws. Los Angeles Criminal Defense Attorneys should be familiar with a recent decision in the area of Cigarette Trafficking, which dealt with an exemption to the enforcement of the tax laws. Members of the Yakama Indian tribe in Washington may be exempt from prosecution for trafficking in contraband cigarettes, but they face racketeering charges if they conspire with nonmembers to do so, the Ninth U.S. Circuit Court of Appeals ruled. Recognizing that an 1855 treaty prevented the government from prosecuting Roger Fiander for transporting cigarettes without state tax stamps, the court nevertheless upheld Fiander Tagged as: california criminal laws, high profile defense New Federal Internet Crime Statutes and PowersPosted on: August 5, 2008 at 12:26 p.m.An Internet crime is crime committed on the Internet, using the Internet and by means of the Internet. Computer crime is a general term that embraces such crimes as phishing, credit card frauds, bank robbery, illegal downloading, industrial espionage, child pornography, kidnapping children contacted via chat rooms, harassment, scams, cyberterrorism, creation and/or distribution of viruses, spam, identity theft and so on. The federal government passed a law recently which strengthens the ability of federal prosecutors who fight Internet crime by removing some of the Tagged as: internet crimes defense, high profile defense Good News for Medical Marijuana?Posted on: July 30, 2008 at 4:24 p.m.Members of The House of representatives are proposing legislation that offers a more sensible legal approach to the use of Marijuana. There have been 20 million marijuana-related arrests since 1965and 11 million since 1990, and "every 38 seconds, a marijuana smoker is arrested. Rob Kampia, director of the Marijuana Policy Project, said marijuana arrests outnumber arrests for "all violent crimes combined," meaning that police are spending inordinate amounts of time chasing nonviolent criminals. Representatives, Republicans and Democrats, from California, Missouri, Texas and other states have come forward to call for marijuana laws which follow a more common sense approach. Marijuana laws not only imprison many non-violent offenders, they also imprison a disproportionate number of minorities and people of color. Being arrested is not the American marijuana smoker's only concern, said a member of the Drug Policy Alliance Network. Those found guilty of marijuana use can lose their jobs, financial aid for college, their food stamp and welfare benefits, or their low-cost housing. The bill proposed, House Resolution 5843, titled the Personal Use of Marijuana by Responsible Adults Act of 2008, would allow "a very small number of individuals" suffering from chronic pain or illness to smoke marijuana with impunity. If HR 5843 were passed by the House, marijuana smokers could possess up to 100 grams -- about 3 Tagged as: medicinal marijuana law, high profile defense Internet Crimes: What Are They and What Are the Consequences?Posted on: June 12, 2008 at 10:29 a.m.Every so often a new medium for communication comes along and brings with it a new field for the law. The Internet is nothing new in terms of historic advancements in the technology, however it is a new arena for the law. Internet crimes are many, and they include everthing from identity theft to sexual offenses. An Internet crime is defined as any crime that involves the Internet. For example, when an individual over the age of 18 contacts somone under the age of 18 through the Internet for the purposes of a sexual encounter, that is an Internet crime. One of the challenges for the accused is that many Internet crimes can also be federal offenses and can carry with them far greater charges than the same crime committed under state jurisdiction. For sex crimes, if the offender contacts someone under age that is also in another state, then that's a double whammy as crossing state lines also makes it a federal offense. Internet crimes include kidnapping, sexual offense, bank robbery, credit car fraud, harassment, phishing, scams, espionage and more. The level of offense can range from smaller crimes to major felonies, however due to the amount of research and investigation it usually takes to charge and convict someone of an Internet crime, most cases are on a grand scale. Protecting children is often a major focus for Internet crime laws, as children as the most vulnerable. Using chat rooms to contact children for sexual purposes or with other unsavery motives is against the law. Having an attorney with experience and knowledge in defending the accused in Internet crimes is vital, as the law is ever changing and only someone with experience will be able to provide a solid defense. Tagged as: sex crime accusations, internet crimes defense, high profile defense, white collar crime fraud theft laws Illegal Narcotics and the U.S./Mexico BorderPosted on: June 10, 2008 at 10:54 a.m.Southern California has a number of factors affecting it which causes the laws throughout the state to often look strange to the rest of the nation. One such factor is the border that California shares with Mexico. Prosecuting drug laws can be difficult due to the challenges of having to extradite criminals across both sides of the border, and the differing drug laws in each nation. Other states bordering Mexico include Texas, Arizona and New Mexico. Recently, a drunk driver plowed into a bicycle race near the Mexican border in Texas. Part of the challenge in attempting to prosecute is the citizenship of the individuals injured as well as the individual accused. Drug policies can be even more difficult, as witnesses may not have citizenship in the country they witnessed the crime, making it difficult for law enforcement agencies to get them to testify. The popular television bounty hunter Dwayne "The Dog" Chapman had his challenges with this issue as he arrested an American citizen while he was in Mexico, which violates Mexican law. Smuggling drugs across the border is a federal offense, and could bring charges on both sides of the border. If you would like to talk to an experienced attorney regarding drug related charges, or any other criminal matter, please contact the attorneys at Kestenbaum, Eisner & Gorin, LLP. Tagged as: california criminal laws, drug crimes defense, high profile defense Los Angeles Federal Crimes: Corrupt Cops on TrialPosted on: January 16, 2008 at 12:15 a.m.Who says there is no corruption in the police? Prosecutors frequently argue in drug possession cases that the officers finding the drugs are honest and reliable, such that their testimony should be believed. L.A. Criminal Defense Lawyers retort that we live in an imperfect world and that there are a few "bad apples" in any profession. It is left up the jury to decide whether the police, or that accused are telling the truth. So what happens when the accused on trial are police officers? And further that the government uses others disgraced officers, as their witnesses, in their case in chief to prove corruption? A current criminal jury trial in Los Angeles provides an example of dirty dealing by local LAPD officers. During recent testimony, a former state corrections officer, sitting handcuffed in court, identified a Los Angeles police officer accused of participating in a series of home-invasion-style robberies staged to look like legitimate police raids, who is on trial. Rodrigo Duran, the former prison guard, told a federal court jury that he witnessed ex-LAPD officer William Ferguson commit several crimes while dressed in his police uniform, riding in a patrol car stolen from the police academy. When asked to identify Ferguson for the record, Duran raised his cuffed hands and pointed a finger at the defendant, who sat impassively in a dark suit next to his attorney. Ferguson and his brother Joseph, a suspended Long Beach police officer, went on trial this week for their alleged involvement in a band of rogue officers and others accused of committing more than 30 robberies or attempted robberies at locations across Southern California. These are not the only defendants, who are former police officers. The admitted ringleader in the case -- a former Los Angeles police officer Ruben Palomares -- and 14 other defendants have already pleaded guilty, and many have begun serving sentences in federal prison. The Ferguson brothers are the only defendants thus far to fight the charges detailed in a 54-count indictment alleging civil rights violations. William Ferguson is accused of posing as Palomares' partner during many of the robberies, in which the officers and others allegedly stole drugs, money and other valuables while pretending to conduct narcotics raids between 1999 and 2001. Joseph Ferguson is accused of driving his brother and Palomares to the LAPD academy to steal cars to be used in the robberies and of acting as a lookout outside some of the locations while they were being robbed. He is also accused of making a fake 911 call that resulted in the arrest and eventual imprisonment of one of the drug dealers who had been providing information to them but was asking for a larger share of the take. Prosecutors plan to call victims from at least 15 of the robberies to testify, according to a 43-page trial memorandum by Assistant U.S. Atty. Douglas M. Miller, the lead prosecutor on the case. They also plan to call Palomares to testify against his alleged former cohorts. Much of the testimony this week came from victims of robberies, who described people dressed as police arriving at their residences, saying they were there to search for drugs. Some said they were held at gunpoint or handcuffed as their houses were searched. One man wiped away tears as he described a 2001 encounter in which he said he was beaten with a baton and hit over the head with a sap because the "officers" didn't find the drugs they were looking for. The most dramatic testimony came out recently when jurors began hearing from Duran, who has pleaded guilty and is cooperating with prosecutors. He faces a potential life sentence but stands to receive a significant reduction as a result of his cooperation. Duran said he was recruited to join the ring by Palomares, a former high school buddy in Huntington Park. Duran said Palomares told him that another old friend -- this one a drug dealer -- was tipping him off to where rival dealers had stashes of drugs or cash. Under the deal they had worked out, Duran said, Palomares and his companions would show up at the locations dressed as police and say they were there to serve a search warrant for drugs. If they found any, they would turn them over to his dealer friend and her husband to sell and then get a cut of the profit. If they found money, they would split it. "He said we'd be able make some money by doing the jobs she wanted us to do," Duran recalled under questioning by prosecutor Jeffrey S. Blumberg from the Justice Department's Civil Rights Division in Washington, D.C. Duran described several "jobs" he participated in along with Palomares and other crew members, including William Ferguson. Duran said Palomares and Ferguson would wear their LAPD uniforms, along with guns and badges, and employ police tactics while conducting the robberies. At one point, Duran said he looked on as the two officers, both in uniform, loaded a stolen 50-gallon drum filled with marijuana into the back of pickup truck owned by Palomares' cousin. Duran said the drugs were later sold and he received a $3,500 cut of the profit. Blumberg asked Duran, who had no previous criminal record, why he accepted Palomares' invitation to become involved in the ring. "Greed," he said. "It was all about trying to help myself out because I was hurting financially." "Did you think you'd get caught?" the prosecutor asked. "Never," Duran replied. "Why's that?" Blumberg asked. "Because we were law enforcement." In sum, Los Angeles Criminal Lawyers must often present compelling arguments to a jury about why a client's story of police corruption is believable, despite the officers' denials. The pending trial of corrupt cops provides a great example that officers may be imperfect, have the same temptations as the rest of the public, and lie to cover up corruption. Tagged as: federal law and defense, high profile defense 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. To see other criminal law issues addressed by Southern California criminal defense lawyers, visit http://www.kelawyers.com/FAQ.aspx Tagged as: counterfeit goods pc 350, high profile defense Three Men Imprisoned for 30 years receive $101.7 Million Verdict because the FBI Withheld Evidence of their InnocencePosted on: July 29, 2007 at 2:03 p.m.As a society we rely on law enforcement daily to protect us from crime and terrorism, locally, statewide, nationally, and internationally. When the Criminal Law Blog criminal lawyers worked as prosecutors in Los Angeles, California, they relied daily on the good-faith of police officers, and federal agents to prosecute cases ranging from DUI, murder, white collar crime, domestic violence, drug cases, and sex offenses. A recent story from the East Coast, as reported in national media put the work of two rogue FBI agents under intense scrutiny. In fact, the trial judge listening to the lawsuit against the federal government awarded 3 men who spent over 30 years in prison over $100 million for being falsely imprisoned. "Stinging criticism of the FBI and the staggering sum awarded to four men wrongly jailed for murder should flash a warning that no one is above the law, experts believe," newspapers reported. Media reports provide the following account: U.S. District Judge Nancy Gertner yesterday awarded $101.7 million after the men were jailed for a 1965 murder they did not commit, spending three decades behind bars because the FBI withheld crucial evidence of their innocence. Tagged as: federal law and defense, high profile defense Charges in State Court v. Federal CourtPosted on: July 1, 2007 at 8:25 p.m.Federal court cases are typically investigated by federal agencies, including the FBI, DEA, Customs, Treasury, and other federal agencies. Sometimes state and local agencies also file charges in federal court if the offenses involve major quantity of drugs, weapons or other contraband. The federal government has more resources to prosecute cases, including special units to prosecute drugs, fraud, and violent crimes. While the state and local government also has special units, they have fewer prosecutors, with larger case loads. Also, local law enforcement does not have nearly an many resources to complete investigations with as much thoroughness as federal law enforcement. For the most part, it is definitely in a criminal defendant's interest to be prosecuted in state, rather than federal court. The state of California's sentencing system has more flexibility in terms of alternative sentencing options than the United States Sentencing Guidelines. In one large drug cases, a criminal defense attorney had his client cooperate with the police in exchange for the case to be presented to the state, rather than federal authorities for prosecution. To see other criminal law issues addressed by Southern California criminal defense lawyers, visit http://www.kelawyers.com/FAQ.aspx Tagged as: california criminal laws, federal law and defense, high profile defense Did record producer Phil Spector kill Lana Clarkson, or was it an "accidental suicide"?Posted on: June 14, 2007 at 1:05 a.m.Los Angeles prosecutors have built their case against Spector on three evidence pillars: (1) numerous female friends of Phil Spector have testified that while intoxicated he used a gun to threaten them because he did not want them to leave, or tried pressuring them to have sex; (2) Spector's limo driver saw Spector come out of the house with a gun stating "I think I just killed somebody" with blood on one of his hands; and (3) the forensic evidence through the coroner, and other criminalists, indicated that this was not a suicide, and that Phil Spector was in the proximity of Clarkson at the time of the shooting. The criminal defense lawyers litigating this case argue that the forensics (blood spatter and other evidence) demonstrate that Spector was at such a distance from Clarkson that he could not have pulled the trigger. The defense has not yet started presenting their witnesses. However, their world renowned criminalist Henry Lee has been found by the judge to possibly have discarded or destroyed evidence from the crime scene, such that a prior defense lawyer on the case may be called by the prosecutors to testify to discredit him. In either event, this case is proving to be a fascinating example of the dynamics of criminal jury trials, the rules of evidence, criminal law and procedure, expert witness testimony, prior "bad acts" evidence, and how a good judge can take control of the court to focus everyone on the evidence in the case, rather than the lawyers' conduct. Tagged as: jury trial defense, high profile defense What is a "probation" violation? How come Paris Hilton was sentenced to 45 days in jail on a probation violation, released early, and then placed back into custody?Posted on: June 9, 2007 at 5:05 p.m."Probation" simply defined is a period of time where the imposition of a criminal sentence is suspended because a defendant agrees "to prove" himself to the court, by agreeing to complete specified terms and conditions set out by the court. In a first-time DUI case, probation terms typically include a defendant being ordered to obey all laws, not drive without a valid license, do an alcohol school program, perform community service, and pay a fine. A period of time in jail is not imposed because a defendant agrees to complete these terms. Paris Hilton was found in violation of her "reckless driving - alcohol related" probation, following a contested hearing in front of Judge Sauer in Metro Court. He determined she violated probation because she drove without a valid license and did not finish the ordered alcohol school program, sentencing her to 45 days in jail. Due to a federal court order to alleviate jail overcrowding, L.A. County Sheriff Lee Baca (who runs the local jails) regularly releases inmates early. In other words, he does this to comply with a federal court order. In Paris' case, Baca released her early not due to overcrowding, but rather due to her medical condition. Judge Sauer found this release was in violation of his order for her to serve 45 days in jail, and ordered the Sheriff's to return her to jail. Sending Paris back to jail was a precedent! Judges rarely, if ever, reverse the Sheriff's decision to release an inmate early. The Law Blog is in fact unaware of any prior instances. If Baca had justified Paris' release to alleviate overcrowding, Judge Sauer may not have ordered Paris back to jail due to the previously mentioned federal court order. L.A. County jails run by Baca do have facilities for the medical care of inmates, so that Paris will her medical condition treated while in custody. The Sheriff's Department website provides an example of how to support a relative with an illness, who is in custody (www.lasd.org). To see other criminal law issues addressed by Southern California criminal defense lawyers, visit http://www.kelawyers.com/FAQ.aspx Tagged as: bench warrants, faq, high profile defense How are criminal charges filed in court after someone is arrested?Posted on: April 23, 2007 at 12:49 p.m.The police officers that make the arrest complete all police reports about the crime, run a background check of the suspect, and do further investigation before submitting their work to a detective. As an example, in a domestic violence case, the detective in the assault unit usually follows up by contacting the witnesses and the alleged victim, to confirm whether the statements obtained by the responding officers were accurate and thorough. Often, this is they most propitious time for a defense lawyer to make a dramatic impact in a Pre-Filing Intervention, as the police usually know very little about the person arrested. The police then bring their entire investigation to the District Attorney's Office. A prosecutor reviews the documents to determine whether criminal charges are warranted. The prosecutor has the option of rejecting the case for criminal prosecution, filing a misdemeanor, or filing a felony charge. If charges are filed, the next step in the criminal process is in court, at an Arraignment. The law firm of Kestebaum Eisner & Gorin LLP is a criminal defense firm discussing aggressive prefiling intervention with the prosecutor's office at www.kelawyers.com Tagged as: california criminal laws, federal law and defense, high profile defense 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. |


















