Los Angeles Man Wanted by FBI for Murder, Kidnapping and Rape Arrested in MexicoPosted on: November 26, 2012 at 3:10 a.m.A Los Angeles man who was on the FBI’s Ten Most Wanted list was apprehended by local authorities in Mexico last Friday, according to reports. Joe Luis Saenz, who was originally from the Los Angeles area, was apprehended by Mexican Federal Police on Friday in the city of Guadalajara in western Mexico. Saenz got onto the FBI’s infamous Most Wanted List by allegedly committing several violent crimes including multiple murders, rape and kidnapping in both 1998 and 2008. Saenz was sought by American law enforcement authorities after allegedly shooting two members of a rival Los Angeles gang in 1998. Less than two weeks later, Saenz is said to have kidnapped, raped and murdered his ex-girlfriend. Saenz has also been accused of committing a fourth murder, also committed in the Los Angeles area, in 2008. Law enforcement officials had had such little luck in tracking Saenz down and apprehending him that they had been offering a $100,000 reward for information leading to his arrest and capture. Mexican authorities expect to begin the extradition process this week. Saenz, along with a now-deceased accomplice, is said to have lured two members of a rival gang into a trap by promising a drug deal. Saenz is then said to have shot both men several times in the Aliso Village area of Boyle Heights. Saenz, who was on parole at the time of the murders, then fled the scene and went into hiding. He is said to have gone to Sigreta Hernandez, his ex-girlfriend and the mother of his two-year-old daughter. Saenz is then said to have kidnapped Hernandez and taken her back to his grandmother’s home in an unincorporated area of East Los Angeles where he allegedly raped her. Hernandez’s half-naked body was found by Saenz’s grandmother with a gunshot wound at the temple. Saenz’s accomplice in the earlier two murders was arrested after an anonymous tip and unexpectedly gave a detailed confession of the crimes. Saenz was then charged with three counts of murder, as well as kidnapping and rape. A warrant was issued for his arrest, but investigators in the case were unable to find any clues as to his whereabouts until a decade later when he was captured on video surveillance footage shooting a known drug smuggler in the head at a home in Whittier after a drug run had been stopped by a Missouri State Trooper. After the 2008 murder, Saenz was thought to have fled to Mexico, where he allegedly worked as an enforcer for a drug cartel and crossed the border into the United States several times using various aliases and fraudulent traveling documents. The 37-year-old Saenz was added to the FBI’s Most Wanted list in 2009. Tagged as: arrest warrant, gang allegations, kidnapping, Murder, violent crimes defense Anit-Virus Software Developer McAfee Wanted for Murder in BelizePosted on: November 14, 2012 at 12:31 a.m.Computer software developer John McAfee is being charged with murder according to local reports in Belize. McAfee, who created the anti-virus program that bears his name, is accused of murdering another American ex-patriot by the name of Gregory Faull. According to local law enforcement agents, Faull was found in a pool of his own blood last Saturday at his home in San Pedro Town on the island of Ambergris Caye off the coast of Belize. Faull, who had worked as a builder from Florida died of a gunshot wound to the head. A computer and a phone were said to have been missing from his home. According to reports, Faull had recently filed a complaint with the local mayor’s office about McAfee claiming the ex-software mogul was exhibiting “roguish” behavior and shooting off guns. The two men reportedly got into a heated argument Saturday before the violence started. Police investigating the case, however, have not released statement as to what they believe the official motive for the crime was. McAfee is said to have fled the scene of the crime and is still being sought by local police on suspicion of murder. McAfee issued a statement to Wired magazine saying that he fears for his life and has gone into hiding rather than turn himself in to police. The 67-year-old claims local police poisoned his four dogs and had some sort of vendetta against him, though for what, exactly, he did not say. Local police were said to have raided McAfee’s home last April looking for firearms and illegal drugs. By McAfee’s account officers did, indeed, find guns in his home, which he claims were legal. McAfee says he was detained for several hours then released with no criminal charges being filed against him. In spite of the rough treatment McAfee felt he had been subjected to by local police, he still donated weapons and other equipment to local police and even attended a public ceremony with the mayor and police officials just before Faull’s murder. McAfee has been living in Belize for several years after selling his stake in his software development company in the 1990s for as much as $100 million. The company was sold to Intel in 2010 for $7 billion. There has been speculation in recent years that he had, perhaps, been using illegal drugs. Statements from neighbors claim McAfee was “standoffish” and had been drifting further and further away from friends and family members of late. McAfee told the New York Times in 2009 that he had lost most of his fortune in the financial crisis that afflicted so many others in 2007 and 2008. Tagged as: firearms crimes, high profile defense, los angeles violent crime defense attorney, Murder, violent crimes defense Theft and Violent Crimes Committed in East LAPosted on: September 6, 2012 at 4:40 a.m.A number of newspapers in Los Angeles, including the L.A. Daily News, reported a scary crime which occurred in East Los Angeles on the morning of September 5. According to local law enforcement and the Federal Bureau of Investigation (FBI) two bank robbers kidnapped a manager of a Bank of America, held her overnight and sent her into a branch with what they claimed was a bomb attached to her. They told her to toss cash out the door. The alleged suspects fled in a Kia. A sheriff’s deputy took the alleged bomb off of the woman after the suspects fled and a bomb squad robot then detonated the bomb. The woman was kidnapped at her home in Huntington Park, held against her will overnight and was driven to the bank. She told the other employees about the alleged bomb and told detectives that at least one of the suspects had a gun. When and if the two suspects are caught, they face dangerous consequences. Violent crimes, especially those pursued by federal authorities, carry heavy jail time, mandatory minimum sentences, fines and more. The theft crimes are quite serious, but adding violence, weapons, kidnapping and the bomb threat is incredibly damaging. These crimes would lead to life sentences when all is said and done, and odds are the total amount of money stolen was not enough to make them rich. As this was a very public crime, the nature of any trial will be public and difficult for any Criminal Defense Attorney to win. Los Angeles crimes can be difficult to defend in the first place because crimes and trials often gain a level of celebrity status. People who commit crimes can find themselves on television before millions of people. The police and FBI agents investigating this crime will need to find the individuals, find out how they trailed the bank manager to her home and whether the device was actually a bomb. These individuals must have stalked the woman if her claims are true, which could bring additional charges. All told, these individuals face life sentences and the outlook of being held in a federal prison. In addition to hiring an incredibly skilled Los Angeles lawyer to defend them, they will need a great deal of luck and leniency just to get off with a 20 year prison term. In crimes like this, one has to wonder what drove the men to commit it. Tagged as: federal law and defense, kidnapping, los angeles kidnapping defense attorney, violent crimes defense Two Men Tried for Shooting Police Officer During Home InvasionPosted on: August 18, 2012 at 10:24 p.m.Two Pennsylvania men are being tried this week for shooting a police officer in an incident last year. Emilio Rivera, 27, and Marcus Andrejco, are being charged with attempted homicide and as many as 12 other criminal offenses stemming from a home invasion in April of 2011. According to reports, Rivera and Andrejco broke into a home in Clairton, Pennsylvania and held the family who lived in the home captive while they ransacked the house. It is thought that Rivera and Andrejco were looking for drugs and money. A local police officer, James Kuzak, was at the back door of the home and is said to have gotten shot by the suspects as they fled the scene of the crime. Kuzak was left paralyzed and now requires the use of a wheelchair. Both suspects claim they are innocent. Andrejco’s mother even testified that he was at home on the night of the shooting watching the popular television series “Dancing with the Stars.” Both Rivera and Andrejco were caught on tape discussing the case with an informant in a jail and implicated themselves in the crimes. Defense attorneys in the case have strongly questioned the motives of the informant, and defendants claim that their statements to the police were coerced. This case highlights some very interesting aspects of criminal law. One of the rights protected by our laws is the right to not incriminate or implicate ourselves in a crime. Laws also strictly regulate how law enforcement officials can question you about a crime they believe you may have been involved with. Before police can question you about a crime, they must advise you of your right to not say anything at all to them as well as the right to speak to an attorney before you make a statement to the police. Law enforcement agents are typically very good at getting a person to discuss things and are trained in various tactics to get information from you. They may seem as though they are trying to help you, or they may tell you that not talking may get you in more trouble. But always remember that you do not have to say anything at all to a law enforcement agent without first consulting with a lawyer. If you have been arrested for a crime, or even simply brought in by the police for questioning, call the offices of Kestenbaum, Eisner & Gorin, LLP right away. Our attorneys will go over the details of your case with you and devise the best course of action. As attorneys with decades of experience in criminal law, we can guide you through a difficult and precarious legal situation. Tagged as: violent crimes defense Playboy Playmates and Los Angeles Violent Crime Defense AttorneysPosted on: September 7, 2011 at 7:44 p.m.Normally when you think of Playboy Plamates, you think of their physical appearance, their sex appeal and so forth. However, when Los Angeles Violent Crime Attorneys think of Playboy Playmates, they think of voluntary manslaughter, years in prison, federal offenses and more. Victoria Rathgeb pleaded no contest according to the Los Angeles Daily News to voluntary manslaughter for shooting her husband in her Hollywood apartment last year. In a highly publicized case, Rathgeb admitted that she used a gun and caused serious harm to her husband who has recovered since the shooting. She was initially charged with murder, but the charged was dismssed as a result of her plea. Upon pleading no contest, she was sentenced to nine years in state prison by the judge. Rathgeb was also ordered to pay $70,000 to the state's victim restitution fund. She appeared in Playboy under the name "Angela Dorean" in 1968. Further details about the case are quite shocking, although she had a Violent Crime Attorney smart enough to get her sentenced to nine years instead of decades in prison. A plea bargain is always an important tool for any defense lawyer, and in this case it seems it was used wisely. Rathgeb was ordered to stand trial back in January after shooting her husband of 25 years. According to her husband, he walked out on her after being accused of having an affair and walked to the elevator. After standing at the elevator, he saw her shoot him from about 8 feet away and attempt to shove a plastic bag in his mouth. The man woke up hours later in a hospital bed. As a result of the shooting, he still has a bullet near his heart and cannot move the fingers in his left hand. If you or someone you know has been arrested for a violent crime, contact the Los Angeles Violent Crime Attorneys at Kestenbaum Eisner & Gorin, LLP. With over 50 years of combined experience, our defense lawyer team can help craft a unique defense that will prevent you from spending years in prison. Call us today at 877-781-1570. Tagged as: violent crimes defense Los Angeles Violent Crime Attorneys and the L.A. LakersPosted on: August 29, 2011 at 6:35 p.m.Violent crimes often lead to serious consequences, but serious violent crimes such as murder, manslaughter and the like involve life altering, even life ending, consequences. A recent situation involving former Los Angeles Laker Javaris Crittenton highlights just how important it is to hire a Los Angeles Violent Crime Attorney as soon as you are accused of or arrested for a violent crime. The Federal Bureau of Investigation (FBI) is looking for Javaris Crittenton who is wanted for the murder of a 22 year old woman. The FBI is working with police in Atlanta according to TMZ where the woman was shot and killed on August 19. The police reports have stated that they do not believe the former L.A. Laker was aiming at the woman, but she was still shot and killed. Crittenton was a member of the Washington Wizards in 2009 when he and Gilbert Arenas were involved in a gun incident involving a fellow teammate. Officials do not know where he is hiding out, or what his current whereabouts are. He was a first round draft pick by the Lakers in 2007 and in addition to playing with the Wizards, he spent time with Memphis and Charlotte in his career. Not only was this crime a violent crime, it now involves federal authorities. Federal crimes are dangerous because the federal law enforcement officials rarely lose their cases. For Crittenton, he is probably running because he is scared. IF he had a qualified lawyer working for him, he would be advised to turn himself in and cooperate as much as possible. This is a highly serious case, and if the former NBA player is arrested while running, it could lead to some scary punishments. Georgia may throw the book at him and he could be up for the death penalty depending upon where he is tried. With the Atlanta police and the FBI looking for him, he does not really stand a chance of escaping. If you or someone you love has been arrested for, charged with or accused of a violent crime, contact the defense lawyers at Kestenbaum Eisner & Gorin, LLP who can provide the kind of legal representation you need. Tagged as: violent crimes defense Los Angeles Violent Crime Attorneys and the LA SparksPosted on: August 24, 2011 at 6:26 p.m.It is unfortunately not uncommon for professional athletes to need a Los Angeles Violent Crime Lawyer, but it is odd when a member of the WNBA needs one. The Women's National Basketball Association team the L.A. Sparks drafted Jantel Lavender as the number five overall pick in the 2011 WNBA draft. She allegedly kneed her ex boyfriend in the crotch so hard that his groin was throbbing in pain according to legal documents held by TMZ.com. Lavender's ex-boyfriend Adam Ashley filed papers in L.A. County Superior Court to obtain a temporary restraining order against the athlete two weeks ago. He claims he has been in hiding since thejuly 5th situation where the athlete grabbed a knife and threatened to kill him. Lavender stands six feet, four inches tall. The man also claimed that she grabbed his head and slammed it into a wall, grabbed his neck and choked him. The man also claims Lavender has demonstrated a history of violence, stating that she also choked him in June. The woman has been ordered to stay at least 100 yards away from him until the next court hearing. In cases such as this, the criminal penalty could be severe. While a man might face immediate action, it remains to be seen how the court will treat a woman in this scenario. This woman might have acted violently in self defense, or after a period of abuse where the man was attacking her. However, without a skilled defense lawyer, it will be difficult to prove that she was not at fault. If you or someone you know is facing violent crime charges, contact Kestenbaum Eisner & Gorin, who possess a long track record of success. Instead of trusting a public defender with a huge case load, contact our attorneys and get teh one on one legal representation you need to stay free from prison, fines and other penalties. If you are convicted, you could lose your job, have to move to a different home and have your parental rights taken away from you. Let our lawyers protect you from any such actions. Tagged as: violent crimes defense Los Angeles Violent Crime Attorneys and Chuck E. CheesePosted on: July 28, 2011 at 5:55 p.m.Violent crimes can happen anywhere, and people in all walks of life can suddenly need a criminal lawyer without any warning whatsoever. A recent case in Los Angeles involved parking spot at a Chuck E. Cheese and a gun. Authorities announced, according to the LA Daily News, the arrest of a women who is related to a man who allegedly shot another man during an argument over a parking space at a Chuck E. Cheese in Walnut Park. The alleged shooter remains at large however. The shooter, Robert Herrera, allegedly shot and killed Daniel Villanueva as he sat in his car outside the restaurant. Herrera and his sister then drove away from the scene of the crime in their pickup truck. The sister was arrested and charged, but police have not announced exactly what those charges are. They are continuing to search for Herrera who they think is hiding somewhere in Los Angeles County. In addition to this alleged fatal shooting, he also has other arrest warrants out in his name and is being pursued by law enforcement for this and other crimes. As you can see, this complicated scenario requires a Attorney who understands the law, high profile cases and high level felony charges. When and if Herrera is arrested, he will be facing murder charges, weapons charges, and charges for the warrants which are out. For the weapons charge alone he could be facing years in prison. For a murder charge, life in prison is on the table, as well as the death penalty since California is a death penalty state. Any defense attorney who agrees to represent the man will have to work hard to either prove his innocence or to prove this was a crime of passion and not worth the full punishment. Only skilled defense lawyers with a unique ability to influence judges and juries, as well as the ability to strike a deal with the prosecution, are worth trusting in such situation. If you or someone you know is in need of a skilled Violent Crime Attorney contact Kestenbaum Eisner & Gorin, LLP today. Their knowledge of prosecution tactics, work with judges and track record of success is highly sought after throughout Southern California. Tagged as: violent crimes defense Castration and Los Angeles Criminal Defense AttorneysPosted on: July 14, 2011 at 12:29 a.m.Any Los Angeles Criminal Defense Attorney will tell you that they have seen it all, from parents attacking children to grandparents stealing from grandkids. However, a recent case involving a divorcing couple may actually be extremely unique in its details. The crime took place in Garden Grove and involved a knife, some drugs and a castrated husband. A woman who is 48 years old and involved in a divorce allegedly drugged her husband, tied him to a bed and cut off his penis. She then allegedly threw the penis into the garbage disposal and turned it on. Police arrived on Flower Street in Garden Grove, CA and found a man tied to a bed, bleeding from his crotch. The woman, Catherine Kieu Becker, identified herself as the victim's wife and the one who called 911. She told police that she drugged her husband's dinner in order to make him sleepy, then she tied him to a bed. As he awoke, she pulled off his pants and cut off his penis with a knife. The man, 51 years old, was taken to UCI Medical Center and underwent immediate surgery. The woman was arrested and faces numerous violent crime charges. They include aggravated mayhem, false imprisonment, assault with a deadly weapon, administering a drug with intent to commit a felony, poisoning and spousal abuse. She was also charged with torture as police were quoted as saying "It appears that the...wife had come over, cooked dinner, and then this [crime] took place, so the actions lead us to believe that it was very premeditated." The woman faces life in prison if convicted on any, if not all, of these charges. As you can see, any Criminal Defense Attorney representing the woman in the case faces an extremely uphill battle. In 1993, Lorena Bobbitt cut off John Wayne Bobbitt's penis and threw it out her car window. However, John Wayne Bobbitt's penis was reattached, as it was not thrown into a garbage disposal as is the case here. Any Attorney who represents the woman will most likely have to pursue the insanity defense as the woman confessed to the crime. For Ms. Bobbitt, this worked and she only spent 45 days in a mental institution. If you or someone you know needs a Defense Attorney call 877-781-1570. At Kestenbaum Eisner & Gorin, LLP, our lawyers are on hand to provide you with a top notch criminal defense. Call now! Tagged as: violent crimes defense Multiple Murders and Los Angeles Violent Crime AttorneysPosted on: July 6, 2011 at 12:24 a.m.This has been a busy week for criminal defense lawyers as numerous people were killed and police were investigating or arrested suspects throughout the city. Each of the violent crimes involved guns, which will add jail time onto anyone convicted of these violent crimes. Here are highlights of just three cases:
If you or someone you know has been arrested for, charged with or accused of a violent crime, contact the defense attorneys at Kestenbaum Eisner & Gorin, LLP today. Tagged as: violent crimes defense Los Angeles Violent Crime Attorneys in Venice BeachPosted on: June 23, 2011 at 7:22 p.m.Violent crimes are always a tragedy and shocking. Whether your family is involved in a violent crime as victims or the accused, it can be the worst nightmare you can imagine. A situation in Venice Beach created the worst possible run up to a high school graduation. A bloody shooting involving two young men shocked Venice Beach residents and ruined the graduation of Venice Senior High School. Three teens were hit around 4:10 PM and two of them died, both of them seniors at Venice Senior High School. The third victim will reportedly recover. The event took place near the campus where the three were going to attend a girls' softball game to celebrate their graduation. According to the police, the shooting victims were spending time at the field when a yet unidentified assailant walked up and fired around nine shots from a 9MM handgun. Girls playing at the softball game hit the ground when they heard the gunshots. A female coach at the game gave the first teen to die CPR for up to fifteen minutes and wrapped her jacket around the non-fatal victim's leg. Police are treating the shooting as "gang related." Venice Beach Senior High School is one of the most iconic high schools in America, as it was the set of the hit film "Grease" and the classroom setting for "Baby One More Time" by Britney Spears'. It was also the backdrop for "American History X" according to the L.A. Daily News. Los Angeles Violent Crime Lawyers who have to work violent crime cases involving gangs, young people, schools and endangered bystanders need to have skill, knowledge and a successful track record in such cases. At Kestenbaum Eisner & Gorin, LLP, our lawyers know how to handle complex cases and how to create the best defense possible for people facing felonies, years in prison and other serious penalties. Tagged as: violent crimes defense Los Angeles Criminal Defense Attorneys and Dodger StadiumPosted on: May 25, 2011 at 5:48 p.m.Since opening day, everyone in the country has been aware of the brutal beating of a man outside Dodger Stadium. Every major media outlet has reported on this crime, and the poor response by the owner of the Dodgers (as well as his public divorce) has led to a public outcry for increased security as well as prosecution of the person involved. As any Los Angeles Violent Crime Attorney knows, a situation such as this can lead to a "witch hunt," where people are willing to believe anyone is guilty, so long as someone is arrested for the crime. A suspect in the case was arrested recently, however the suspect's 10 year old daughter is willing to testify that her father was not at Dodger Stadium that day. The 31 year old man was arrested in East Hollywood and booked on suspicion of assault with a deadly weapon and held on $1 million bail. Charges have not been filed against the man, but he will remain in jail on a parole hold. Investigators were said to be preparing police lineups with multiple witnesses to the March 31 attack at Dodger Stadium in which a 42 year old man named Bryan Stow was brutally beaten for wearing San Francisco Giants apparel. Other suspects in the case however still remain at large. Witch hunts are a terrible thing, often fueled by fear and anger. In the past, police would arrest anyone with a criminal record for these types of crimes, simply to make it look as if something was being done about the crime. This is not a pursuit of justice, rather a way to make people feel safer. However, these arrests could ruin the lives of people convicted of these crimes, including the man in this situation. Newspapers are printing his name, and media outlets are printing his mug shot, which could lead to the man being considered guilty in the public's mind. This is truly a travesty of justice, and only a knowledge, skilled and experienced Defense Attorney can provide the kind of legal representation necessary to defend someone charged in this sloppy manner. If you or someone you love needs a Violent Crime Attorney, contact the lawyers at Kestenbaum Eisner & Gorin, LLP today. Our lawyers can offer over 50 years of combined experience, defending people from even the most complicated legal situations. Call us today at 877-781-1570 for your initial consultation. Tagged as: violent crimes defense MTV Murder in Los AngelesPosted on: May 13, 2011 at 6:34 p.m.A man who was a music coordinator with MTV was gunned down and two suspects in a series of armed robberies were arrested in connection with the shotgun slaying in the mid-Wilshire area. Los Angeles Criminal Attorneys are paying special attention because this will surely be a high profile case in the city. The two individuals who were taken into custody were Jabaar Vincent Thomas and Destiny Young, both in their twenties and were arrested in connection with as many as nine robberies in Koreatown, Harvard Heights and West Adams. Police say they were able to link Thomas and Young to the killing through witness statements and other evidence which they did not disclose. A third individual was arrested, but only in connection with the robberies, not the murder. The young man who was killed, Gabriel Aron Ben-Meir, was killed at 1:30 AM on a Sunday, but his body was not found until 6:30 AM. There has been no comment yet from the Attorney representing the accused, and they may be represented by a public defender depending on their circumstances. The police captain involved said that there were as many as nine robberies of pedestrians and businesses in the same general area since April 29, and these included at least one instance in which a victim fought back, prompting the suspects to open fire. The victim was not injured in that instance. The captain also said that a man had been killed by a shotgun blast in the early morning hours of April 30, but it was unclear if the suspects in Ben-Meir's killing were also suspects in that slaying. What is certain is that the pair face nine robbery charges, at least some of which were armed robbery, and one murder charge. Whoever fired the shotgun will be charged with murder, the other individual will be charged as an accomplice, which carries a similar sentence. Without a skilled lawyer who has experience with theft crimes, violent crimes, crimes involving murder and potential capital punishment trials, they could be in very deep trouble. California is a state where the death penalty is on the table, and since these two had a pattern of criminal behavior and left the man to die for five hours after potentially firing on previous victims, it could be death for one or the both of them. If you or someone you know has been arrested for a serious felony, contact Kestenbaum Eisner & Gorin. We can provide a unique level of defense and an in-depth, insider perspective on providing the best defense possible. Tagged as: violent crimes defense Los Angeles Criminal Defense Attorneys and Panorama City CrimesPosted on: April 29, 2011 at 11:07 p.m.Violent crimes happen throughout the city of Los Angeles, from Beverly Hills and Malibu to North Hollywood and Panorama City. However, As any Los Angeles Criminal Defense Attorney will tell you, some areas are more serious than others. A man was recently shot by Los Angeles police officers after pointing a handgun at officers at an apartment building in Panorama City. In violent crimes where weapons are involved, police are often forced to fire upon people who may be confused or angry...or both. Any Defense Attorney will tell you that bringing a weapon into any situation is an absolute nightmare. The man was shot in his abdomen and was hospitalized. That day, it was the third police shooting that took place in Los Angeles, the other two happened in Watts. Los Angeles has a long history of violent crimes, and Panorama City is known as a place where these crimes take place regularly. When you live in such an area, it is that much more important to avoid any weapons, because police will be on high alert when they know they are entering a situation in that city. For example, if the police are called into a domestic dispute in Beverly Hills, they are likely to approach the situation differently than if they were called into a domestic dispute in Watts or North Hollywood. This may not be fair, but when police are entering into any situation where a violent crime may occur, they have to prepare themselves for all possible scenarios. Whether you live in Panorama City, North Hollywood, Van Nuys or Santa Monica, a Attorney might be your best friend if you are facing serious legal consequences. If you are facing serious legal consequences, contact Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. Call us today! Tagged as: violent crimes defense Violent Crime Attempt at the Van Nuys Courthouse Involving Paris HiltonPosted on: April 28, 2011 at 2:07 a.m.The paparazzi have had a field day with a recent crime that was extremely dangerous, and Van Nuys Criminal Defense Attorneys are watching how a violent crime unfolds in the news and in court. Paris Hilton and her boyfriend were attacked by a man on the steps of the Van Nuys Courthouse. The man lunged at the couple and grabbed Waits by the neck before Hilton's bodyguards subdued the man who was turned over to police. The man is reportedly James Rainford who was arrested for allegedly scuffling with Hilton's bodyguards then banging on the door of her home. Hilton and her boyfriend Waits were headed into the courthouse to testify in the trial of a man from Redlands who was arrested in August after Hilton called the police to report that someone was outside her home. He was allegedly trying to break in. The man is charged with a felony count of attempted residential burlgary. As you can see, the world of criminal defense is complicated, and without an attorney who knows what they're doing on your side, it can be very dangerous. There is no back story provided on the man who allegedly attacked Waits, he may have had history with the couple. Most media reports paint the man to be crazy, but the truth could be far more complex. In the end, the only an experienced Van Nuys Criminal Defense Attorney can help provide the kind of clarity necessary to get as far away from prison as possible. In cases involving celebrities, the media attention is very high, and anyone charged with attacking a celebrity could be facing serious jail time. A qualified lawyer is need to help protect against any jury or judge who could be taking the celebrity's side. It's not that judges or attorneys or juries take the side of celebs on purpose, it's that sometimes we think we know an actor, but all we really know is the part they play on a movie or a television show. If you or someone you know has been charged with a violent crime, contact the Van Nuys Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. With over 50 years of combined experience, our attorneys can help provide a top notch defense for any case. Call us today. Tagged as: violent crimes defense Los Angeles Murder InvestigationPosted on: March 29, 2011 at 5:46 p.m.Of all the violent crimes a person can be charged with in Southern California, murder carries the most severe penalties. Life in prison, life in prison without parole and the death penalty are all potential outcomes of any violent murder trial. In California, where the death penalty is still in play, someone can be given the death penalty if their crime is savage and brutal enough, or if there are multiple victims. However, even life in prison is a terrible consequence, as it effectively ends the life of anyone convicted of a murder crime. For these reasons alone, hiring a skilled Los Angeles Criminal Defense Attorney is absolutely vital if you or someone you love is facing a murder charge. Murder, attempted murder, and manslaughter are all felonies and could lead to decades in prison or even a more severe penalty. In addition, being charged with such a crime means that people will probably never look at you the same, even if you are found innocent of the crimes you have been charged with by a jury of your peers. Once again, having a skilled, knowledgeable attorney by your side could literally be the difference between life and death. In the south bay, a man is charged with murdering his wife in a case that involves some truly mysterious circumstances. The man in question, David Viens was a suspect in his wife's disappearance. He then jumped off of a cliff in Palos Verdes after learning this information, only to survive his wounds. While being treated for injuries sustained during the jump, he was charged with murder and pleaded not guilty to this murder. Los Angeles County Sheriff's say Viens acknowledged foul play from his hospital bed last month when authorities excavated his restaurant to find his wife's body. The search was called off after authorities determined her body was not in the restaurant. The man is being held on $1 million bail and faces life in prison if a judge or jury of his peers finds him guilty. The consequences and circumstances surrounding this case are intense, which is why an experienced lawyer with a track record of success is necessary to bring about a positive outcome for the accused man. If you or someone you love has been charged with murder, you need a lawyer you can trust and someone who will stand by you no matter how difficult the trial becomes. At Kestenbum Eisner & Gorin, LLP our Los Angeles Criminal Defense Attorneys have over 50 years of combined experience, and can defend you in court and out of it. Having worked on countless criminal trials, our lawyers possess a unique level of experience with actual criminal trials, and their track record of success speaks for itself. Call us today at 877-781-1570. Tagged as: violent crimes defense Violent Crime, Carnivals and Los Angeles Criminal Defense AttorneysPosted on: March 25, 2011 at 5:54 p.m.Defending a violent crime in Los Angeles is one of the most difficult things a Los Angeles Criminal Defense Attorney will ever do, especially when the crime involves potential gang related activities. The City of Los Angeles has a particular set of laws that add years of prison time, fines and probation to the sentence of anyone who is affiliated with a gang. If a violent crime involves a gun, innocent bystanders, gang affiliation and prior convictions, it could lead to a life sentence or worse for anyone convicted of such a crime. This is why having a skilled Defense Attorney working for you is vital; he could mean the difference between spending twenty or more years in prison and being able to walk away with probation or less. A recent case in the San Fernando Valley highlights just how important it is for a person to have a qualified lawyer. An ex-convict opened fire at a Granada Hills church carnival in May 2008 and wounded the mother of his son and two volunteers. He was convicted of two counts each of attempted murder and assault with a firearm, as well as one count of being a felon with a firearm. The man is a former member of the North Hollywood Boyz gang and was on parole at the time for assault with a deadly weapon. He walked into his son's school fundraiser at St. John Baptist de la Salle Church with a .22 caliber semiautomic rifle tucked into a tennis bag. He fired several rounds at his ex-girlfriend as she was setting up a carnival booth because he and the woman were involved in a custody dispute. The woman was hit in the elbow and a man was shot in the chest. Another person was hit in the leg. During the shooting, five parents, including an off-duty police officers, tackled and disarmed the man. The man most likely did not hire a private Attorney, meaning he had a public defender representing him. The man had a history of domestic disputes with the ex-girlfriend and with officials at the church. The girl had gone so far as to get a restraining order against him from church property. If you or someone you know needs legal representation, contact the Kestenbaum Eisner & Gorin, LLP at 877-781-1570. Tagged as: violent crimes defense Reality Show Violent Crimes and Los Angeles Criminal Defense AttorneysPosted on: March 21, 2011 at 10:09 p.m.When a Los Angeles Criminal Defense Attorney defends someone from a violent crime charge, they are facing an uphill battle trying to defend the person from the events of the case, the person's character and more. When a celebrity is involved, that person's entire life gets thrown through the ringer, because even if the person is not convicted, their character is so defamed that they could lose their show and a great deal of income. Reality star Corey "Big Hoss" Harrison, who is the grandson on the History Channel show "Pawn Stars" was arrested in a bar fight in Big Bear, California. Police arrested Harrison on suspicion of battery with serious bodily injury and resisting arrest, both of which are misdemeanors. He was arrested at the bar according to law enforcement officials. Cops were flagged down by a security guard at the bar after Harrison got into a verbal dispute with another patron, and the guard feared that the violence could have gotten out of hand. The officers arrived and spoke to both individuals, and Harrison pushed both a security and one of the police officers at the scene. He was held in custody for several hours because he was drunk and need to sober up according to officials. Harrison claims he never got physical with anyone at the scene and refused to apologize, even when police officers asked him to do so. Some of these comments were made through Harrison's Attorney. As you can see, someone of this stature now has to face the loss of his source of income, his television show. While the average person does not have a show, any record of violence will interfere with a job search due to a background check. If someone is in the process of being charged with a violent crime, it could case a job opportunity to completely fall apart. This is why having a lawyer on your side is so important. If you need a skilled lawyer, contact the offices of Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. We will fight hard on your behalf and get you the best experts in the fields of investigations, evidence and more. With a long track record of success, our attorneys can help you with any violent crime charge. Call us today! Tagged as: violent crimes defense Los Angeles Criminal Defense Attorneys and the RaidersPosted on: March 7, 2011 at 8:54 p.m.In this city, Los Angeles Criminal Defense Attorneys regularly defend celebrities, politicians and athletes for minor crimes, misdemeanors and even low level felonies. However, a former member of the Los Angeles and Oakland Raiders is facing serious jail time after being accused of murder. This type of violent crime could change this man's life forever, and send him from a life of relative celebrity to wasting away in a prison cell for many years. Hopefully, he will be wise enough to hire a skilled lawyer to defend his case. Anthony Smith, a member of the Raiders from 1990 until 1997, is among three men charged in the death of a 31 year old man named Maurilio Ponce according to the Los Angeles County District Attorney's Office. Ponce was apparently beaten and shot several times before his body was dumped near the Antelope Valley poppy fields just 11 miles west of Lancaster in 2008. Smith, now 43, was charged with murder on February 16 and the men will be arraigned in March 17. Three other men were accused along with Smith, one of whom had a prior voluntary manslaughter conviction in 1996. Smith is being held on $1 million bail according to records, others were held at a lower amount. A first round pick fo the Los Angeles Raiders in 1990, Smith went to college at the University of Arizona (he also played t the University of Alabama). He had 57.5 sacks in his career. He was previously married to former Playboy Playmate and current evangelist Vanity. He was in the top ten in sacks in the NFL once, went to the playoffs twice and made millions while in the NFL. Now, after a long football career, Smith is in dire need of a skilled Attorney who can help him avoid a felony conviction, decades in prison and potentially the death penalty. Smith was involved in a 2003 firebombing of a furniture store in Santa Monica over a dispute of a few hundred dollars. The store was left in ashes, but the case was dismissed by a judge. If you or someone you know is in need of a skilled Defense Attorney contact Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Our lawyers possess over 50 years of combined experience as well as an in depth understanding of criminal trials in Los Angeles. Call us today. Tagged as: violent crimes defense Jersey Shore and Los Angeles Criminal Defense AttorneysPosted on: February 14, 2011 at 11:28 p.m.The reality show that has hit bigger than any other show in recent years is "Jersey Shore." Los Angeles Criminal Lawyers have however seen a litany of crimes take place on the show, from alcohol related brawls and mishaps to theft and other crimes. One such crime involved cast member "Ronnie" whose full name is Ronald Ortiz-Magro. he pleaded not guilty to an aggravated assault charge in New Jersey stemming from an incident which occurred on camera on September 4, 2009 outside a Seaside Heights nightclub. The fight was shown during an episode of the popular show's first season. Ortiz-Magro was arraigned in a state Superior Court in Toms River, and the charges carry a potential prison term of up to five years. The alleged victim of the incident also filed a lawsuit against "Ronnie" as well as the producer's of the show which is on its third season on MTV. For any Defense Attorney, having a client whose alleged crime was committed on camera, defending against such charges is difficult. Ortiz-Magro had to stand before a judge and state that he was not guilty of a third degree assault. In Hollywood, lawyers regularly defend celebrities charged with crimes in and out of court. Violent crimes however are a bit of a different creature, because the line between misdemeanor and felony is much different. Any harm done can lead to serious felony charges, and those charges can lead to jail time if there is a conviction. Other than jail time, there are countless other major problems with any other violent crime conviction. Fines, probation, a strike on California's three strikes policy and more can all be the result of being convicted of a violent crime in Los Angeles. In fact, a restraining order can be issued, making it difficult to to simply live. If you or someone you know has been arrested for a violent crime, contact Kestenbaum Eisner & Gorin. Our criminal lawyers have gotten great results for our clients time and time again. While a lawyer can never guarantee an outcome, our law firm has a great track record of keeping our clients out of prison and free from fines. Tagged as: violent crimes defense Mayor Villaraigosa and Los Angeles Criminal Defense AttorneysPosted on: January 24, 2011 at 6:34 p.m.Few Los Angles politicians can avoid controversy, and Mayor Antonio Villaraigosa is no different. His staff members are now in need of a LA criminal attorney due to an altercation that took place at a night club. The staff member and her husband were out on bail after they allegedly attacked at least one police officer in downtown following a domestic altercation between the couple. Blanca Martinez-Navarro, who is the Rampart program manager for the mayor's gang reduction and youth development office, was booked on suspicion of assault on a polic officer. She posted $20,000 bail and was released. Her husband, 29 year old Oscar Navarro, was arrested on similar charges. He posted $20,00 bail as well and was released 20 minutes afer his wife. Both of the individuals are due in court on Februrary 17. The press secretary at Mayor Villaraigosa's office said that both of the person who worked for the mayor was placed on "administrative leave pending further investigation." The allegations arose after security guards made a call regarding a fight between the couple at the Conga Room in the L.A. Live complex in downtown Los Angeles. Once there, officers were "battered by her husband." And while taking the husband into custody, the wife jumped on the back of one of the officers and started to attack him according to one of the police officers. Any lawyer will tell you that attacking a police officer, no matter how high up you are in the political world, will result in serious consequences. Emotions were likely running high due to the conflict between the two married people; however, assault a police officer will result in an arrest and possible jail time, no matter what the circumstances. If you or someone you love has been involved in any assault crime, especially assaulting a police officer, contact Kestenbaum Eisner & Gorin today. We know how to defend people charged with violent crimes, our lawyers can analyze your case and provide quality legal representation. Our team includes top experts in investigations and other expert professionals. We work hard to create the best defense possible. Tagged as: violent crimes defense Los Angeles Murder and the Food ChannelPosted on: December 13, 2010 at 8:23 p.m.It is a grim day whenever a person goes away for a violent crime, and many Los Angeles Criminal Defense Attorneys work overtime to make sure that never happens to their client. However, in one case this week, a celebrity chef is going to be spending years behind bars for a violent crime in Los Angeles. Former "Calorie Commando" chef Juan-Carlos Cruz is going to spend up to nine years in prison on a charge of soliciting two homeless men to murder his wife. Such a bizarre crime is odd, even by Los Angeles standards, but has been taken quite seriously by the Los Angeles Superior Court. Cruz pleaded no contest to the crime earlier this year and smiled and winked at wife Jennifer Campbell during his sentencing appearance. Cruz's lawyer said that Cruz will serve half of the nine year term because the crime was not a serious violent felony. Police initially arrested Cruz in May after some homeless men in Santa Monica told police they were offered $500 to kill Campbell. Prosecutors have not released any sort of motive int eh case and both Campbell and the Judge, Shawn Chapman Holley, have refused comment on the case. While this case is incredibly unique, criminal courts in Los Angeles take any sort of violent crime seriously. Cruz is a celebrity, but still faces the full wrath of the law due to the murder charges. While in the past, celebrities have been able to avoid prosecution for certain offenses, it seems the tide is turning. Such celebrities as Phil Spector and DMX have spent quite a bit of time in prison lately because prosecutors are really focusing their attention on avoiding weak sentences for celebrities caught by the law. Even professional athletes who normally get off without so much as a slap on the wrist have been prosecuted and scrutinized heavily by the press and the courts. For those facing arrest or conviction for violent crimes, having a knowledgeable and skilled Defense Attorney working with you can be the difference between years in prison and complete freedom. Having a lawyer who understands the law, the courts and how to properly create the best defense possible is absolutely vital. Violent crimes can lead to decades in jail, years of probation, mandatory counseling and limited career options if you are convicted. Tagged as: violent crimes defense USC vs. UCLA = Brawl?Posted on: December 6, 2010 at 8:44 p.m.Every year, millions of people in Los Angeles either attend or watch the classic USC/UCLA football game that divides the city, literally, in half. While the game was not incredibly interesting, the real story is what happened before the game even began. Countless Los Angeles Criminal Defense Attorneys will have to work with people who have been arrested for violent crimes. Dozens of fans were involved in a brawl in the Rose Bowl parking lot in Pasadena before the game, leaving two men stabbed, two police officers with minor injuries and three men under arrest. According to police, an estimated 50 to 75 fans of both schools fought roughly three hours before the game. One person was stabbed in the cheek and another was stabbed in the back during the melee. Both individuals were taken by ambulance to Huntington Memorial Hospital, and their conditions were described as stable. Of the officers who were injured, one was treated for a sprained hand, the other for a sprained ankle. Two men are in need of a lawyer, because police are charging them with violent crimes. The two men are accused by police of stabbing the victims and are being charged on suspicion of attempted murder. They are being held in Pasadena City Jail on $1 million bail, and a third man was arrested for investigation of assault on a police officer. No names were released for the victims or the alleged criminals. The police did not know who or what sparked the brawl, but drinking was involved. It is the first time since 2008 that there were arrests for the rivalry game, but there were no arrests for assault. When a Attorney represents someone charged with a violent crime, he must analyze the issues surrounding the alleged events. People charged with violent crimes often find themselves in circumstances that are quite dangerous. There is a fine line between a violent assault and self defense, and only a skilled Defense Attorney can help you present that difference. Tagged as: violent crimes defense Ugly Better Actor Accused of MurderPosted on: November 23, 2010 at 6:59 p.m.Michael Brea, an actor who appears on the show "Ugly Betty" has been accused of holding his mother hostage and murdering her with a samurai sword while screaming Bible passages. Brea, who has also appeared in the movie "Step-Up 3-D" and was the face of the Coca-Cola: Full Throttle campaign, was fingered by neighbors and police for committing this crime in Brooklyn. Neighbors claimed to have heard Brea running through the home, chasing his mother around, yelling "repent, repent, repent" before they called 911 and the police got to the scene. When police arrived, they allegedly encountered a mentally disturbed 31 year old Brea who was combative toward the first responders, and police had to taser the man as a result in order to subdue him. The mother, 55 year old Yannick Brea, was dead when police got to the scene. Michael Brea is a native New Yorker, has a twin brother and opened a Subway restaurant in Brooklyn in 2007. Obviously, any Criminal Defense Attorney who works on this case will have his hands full. Defending someone accused of a violent crime is extremely difficult, especially in a situation such as this with witnesses to the alleged crime living right next door to the crime scene. Having a skilled, knowledgeable Attorney working with you throughout the process can be the difference between handing your life over to the courts and being free from jail. A violent crime such as this in California would bring a minimum life sentence and possibly the death penalty. Even being a high profile and seemingly wealthy individual would not stop the courts from handing down the death penalty. Hiring a lawyer could literally be the difference between life and death. If you or someone you love has been charged with a violent crime such as murder, attempted murder, assault, sexual assault, or assault with a deadly weapon, contact Kestenbaum Eisner & Gorin, LLP. Our track record of success my not guarantee the perfect verdict, but our lawyers possess the knowledge, skill and background needed to provided the best defense possible. Tagged as: violent crimes defense Hollywood Publicist Shot to Death in Beverly HillsPosted on: November 17, 2010 at 6:19 p.m.When a Los Angeles Criminal Defense Lawyer defends someone accused of a violent crime such as murder, attempted murder, assault or a related crime, the suspect is usually charged in someplace like Compton, East L.A., Van Nuys or a well known "bad neighborhood." However, a recent crime is turning Los Angeles on its ear because the crime did not happen in a bad neighborhood, it happened in Beverly Hills. A celebrity publicist was gunned down in her Mercedes-Benz after attending a movie premiere, sending the luxury car crashing into a light post near Sunset Boulevard. Ronni Chasen, a high powered publicist to movie stars and movie studios, was shot in the chest after midnight and the attack has no motive, no suspects and currently no leads. The woman was 64. Police seized computers from the woman's publicity firm Chasen & Co., but have not reported any new information. Her brother, filmmaker Larry Cohen, had no leads at the moment. Celebrities such as Morgan Freeman and singer/songwriter Randy Newman were praising the woman, even as police were gathering evidence and detectives were investigating this case. Chasen was involved in Hollywood publicity for over thirty years, promoting Oscar winning movies, block busters and films revered the world over. Now, as Attorneys and others look on with intrigue, the situation is likely to play out like a Hollywood true crime story. The individual who will eventually be charged with this devastating murder will face decades in prison for murder, using a gun, killing someone in a way that harms others (she was driving on a crowded city street) and who knows what other crimes. This man or woman will need a highly skilled, heavily experienced Defense Attorney to provide top notch legal representation before, during and after the criminal trial. If you or someone you love has been charged with such a crime, contact Kestenbaum Eisner & Gorin today. Facing the judge, prosecuting attorneys and jury without a skilled attorney could lead to a lifetime of regret and prison time (literally). Our legal team possesses over 50 years of combined legal experience, including time spent working as Los Angeles District Attorneys. Our insider perspective gives our lawyer a unique understanding of the law and prosecution tactics. Contact us today. Tagged as: violent crimes defense Playboy Bunnies and Los Angeles Attempted Murder ChargesPosted on: October 20, 2010 at 9:32 p.m.She pleaded not guilty, but former Playboy playmate of the year Victoria Rathgeb is in some serious trouble and better have one of the best Los Angeles Criminal Lawyer on her side if she's going to stay out of jail. It was reported that the 1968 Playboy playmate of the year was charged with attempted murder after Los Angeles Police Officers said she shot her husband of 20 years this weekend during a dispute. Rathgeb is 66 years old and is due in court November 1 to answer to the charge that she allegedly shot her husband with a semiautomatic handgun intentionally. She is being held in lieu of $1.5 million bail and was arrested in Hollywood after police responded to a reported shooting at their apartment. The alleged victim, Bruce Rathgeb is in grave condition at a Los Angeles hospital according to the Los Angeles police. LAPD Lt. Bob Binder said "her husband is in extremely critical condition with significant injuries." The incident was allegedly part of a longstanding dispute between both individuals, although there is not record of prior police contact with either of the two. Supposedly, the former Playboy model told police a drug dealer had shot her husband, although that accusation is not confirmed and is still being investigated. Supposedly Mr. Rathgeb was shot at close range, which is why his injuries are so serious. Attempted murder is one of the most serious violent crimes in Los Angeles. A skilled Criminal Attorney will have to invest a great deal of time and energy into defending anyone charged with such a crime. It is a felony, and could lead to life in prison if Mr. Rathgeb fails to pull through his injuries. This woman, in spite of her fame, may have little or no chance to ever experience freedom if her lawyer fails to offer up a quality defense for her. If you are facing violent criminal charges in Los Angeles, contact Kestenbaum Eisner & Gorin today. We will thoroughly analyze your situation to provide top notch legal representation. Call us for your initial consultation, we will provide you with one of our Top Rated Los Angeles Lawyers and help you stay out of jail and free from fines. Tagged as: violent crimes defense Porn Stars, Big Brother and Los Angeles Violent CrimePosted on: October 20, 2010 at 9:12 p.m.Los Angeles Criminal Lawyers represent people from all walks of life when it comes to violent crime arrests, from house wives to athletes and from athletes to porn stars. This week, a former CBS reality show star was charged with a violent crime after an incident which took place in West Hollywood. Big Brother star Steven Daigle (who appeared on "Big Brother 10" was arrested Monday night after he allegedly assaulted his ex-boyfriend. The story becomes more complex and sordid when it is revealed that Steven Daigle and his ex are now a gay porn stars. The alleged incident took place in West Hollywood, where Daigle and Trent Locke apparently got into some sort of fight. Locke actually blogged about the brawl from his hospital room, saying he was embarrassed and that he would "never take a swing at [Steven]. And I did not" as reported by TMZ. In spite of this comment, Daigle's mug shot shows he clearly suffered some sort of harm, which will obviously be pointed out by his Defense Attorney. Daigle was thrown in jail and booked for misdemeanor battery, which could bring with it jail time, heavy fines, a restraining order and more. While you may not be a porn star, a gay porn star, a reality show star or any other type of celebrity, facing violent crime charges in Los Angeles could ruin your life. Whether you are charged with a misdemeanor or a felony, being arrested for assault, battery or some other violent crime could land you in prison, place heavy fines on you, get you stuck with years of probation or some other severe punishment. The best defense involves hiring a skilled, experienced Attorney who understands how best to defend you, how to interpret the law and how to get top results from any criminal trial. Throughout Los Angeles, countless people will go to jail this year because they did not hire the best lawyer they could find. If you or someone you know has been charged with, arrested for or accused of a violent crime, contact Kestenbaum Eisner & Gorin, LLP today. We will provide top notch legal representation and fight hard to keep you out of jail and free from fines. We fight for your future! Tagged as: violent crimes defense Los Angeles Violent Crime Defense and KindergartenPosted on: August 4, 2010 at 6:54 p.m.Defending violent crimes in Los Angeles requires skill, knowledge and experience. It can also require a creative mind, because sometimes a violent crime will occur at either an odd location or a sacred one. Churches, schools, cemeteries and other sacred locations can be the site of criminal charges, even though everyone in attendance understands the importance of the location. This is when a Los Angeles Criminal Defense Lawyer is so important, to protect your rights in even the most embarrassing situations. In San Bernardino County, police and investigators are examining a violent brawl that took place in a kindergarten graduation ceremony. Women were allegedly arguing and got physical in a field near a ceremony at Puesta del Sol Elementary in Victorville, CA. Several men were also involved, forcing school officials to place the school on lockdown until deputies could sort the matter out. Several misdemeanor charges were filed, including against the two women who allegedly started the incident. Prosecutors say the women could face up to six months in jail if convicted for interference with peaceful conduct at a school as well as 90 more days for unlawful acts committed on school grounds. Attorneys have a difficult job, as you can see, protecting the rights and freedoms of people facing severe punishments. The potential for 9 months in jail is more than many people can bare, and could cause an individual to lose their job, face public shame and much more. Violent Crimes in Los Angeles are seriously prosecuted, even those crimes that are misdemeanors. If you are facing such serious penalties, you need a skilled lawyer who understands the law and who has years of experience with criminal trials in L.A. Defending violent crimes in Los Angeles requires skill, knowledge and experience. It can also require a creative mind, because sometimes a violent crime will occur at either an odd location or a sacred one. Churches, shcools, cemetaries and other sacred locations can be the site of criminal charges, even though everyone in attendance understands the importance of the location. This is why a Defense Attorney is so important, to protect your rights in even the most embarassing situations. At Kestenbaum Eisner & Gorin, LLP, we have spent years working in various District Attorneys' Offices throughout Los Angeles, giving them a unique understanding of prosecution tactics. Tagged as: violent crimes defense Comic Books and Violent CrimePosted on: July 27, 2010 at 6:15 p.m.When people think about Violent Crimes, they might imagine the alleged attacker to be big, muscular, often a gang member or some other stereotype. However, at San Diego's Comic-Con there was an attack that involved strangely peculiar individuals. As most Los Angeles Criminal Defense Lawyers know, Violent Crime in Southern California comes in all shapes and sizes. A man wearing a "Harry Potter" t-shirt allegedly stabbed another man int he eye with a pen when they got into an argument over whether one of them was sitting too close to the other. The injured man was in his 20's and taken to the hospital with a minor cut. The attacker was arrested and booked for assault with a deadly weapon. The two men were sitting in a 6,000 person room where they were going to hear Seth Rogan discuss his role in the science fiction comedy "Paul." Comic-Con took place from Thursday until Sunday, and this is the only known case of violence in the comic book convention's history. For any Defense Attorney it is important to know every detail of how and why an alleged violent attack took place. Some supposed crimes can better be described as self defense, making the legal defense fairly simple. In this case, there were tens of thousands of people fighting for just a few thousand chairs, meaning that the convention center in San Diego was almost asking for a fight to occur. When a judge or jury hears the details of such a case, a skilled Attorney may be able to convince them that the circumstances involved were causing people to act irrationally. Violent crimes in Los Angeles can result in serious penalties if you are convicted. Years in prison, heavy fines, probation and other court actions can all result in a severely penalized individual. Such a conviction can even follow you around from work place to work place, meaning you will have a hard time getting the job you want if you have been convicted of a felony, or even a misdemeanor. If you or someone you love has been charged with a Violent Crime, contact Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. We will work tirelessly on your behalf to provide top notch legal representation. Tagged as: violent crimes defense Los Angeles Violent Crime DefensePosted on: July 21, 2010 at 8:29 p.m.Los Angeles Police treat violent crimes incredibly seriously. Anyone facing a charge that involves violence or weapons absolutely needs a Los Angeles Violent Crime Defense Attorney. A recent violent crime in Hollywood has taken police and residents by surprise, which will assuradely lead to a serious criminal investigation. Two people were killed during a shooting at a t-shirt store in Hollywood on the corner of Sunset Boulevard and Serrano Avenue. The shooting took place some time between noon and 1:00 PM on Monday, July 19. According to police, the shooting was a murder-suicide, however the victim's name and the shooter's name were not released. In this particular area of Hollywood, 30 homicides have taken place within a one mile radius since January 2007. When police see such a cluster of violent activity, they will be paying special attention to anyone charged with a crime. Those accused of, or arrested for, a violent crime will need a Defense Attorney because the added attention will bring added penalties and consequences from the courts. Police always want resident to feel safe, and having such violent activity taking place in that area will damage the overall sense of the community. At Kestenbaum Eisner & Gorin, LLP, we know how the police and District Attorney's office operate. We utilize our knowledge, skill and background in every criminal case, giving people the legal representation they need in their criminal case. We work with experts and utilize the best practices possible in order to give our clients the best chance at freedom. If you or someone you love has been charged with a violent crime, contact Kestenbaum Eisner & Gorin by calling 877-781-1570 today. Our successful track record includes representing people accused of murder, attempted murder, assault, assault with a deadly weapon, gang activity and more. Tagged as: violent crimes defense Los Angeles Violent Crimes and WeaponsPosted on: June 29, 2010 at 7:01 p.m.Los Angeles Violent Crime Defense Attorneys have a difficult job when they have to try and convince a jury and/or judge that their client was either not breaking the law or acting in self defense during an alleged incident. However, when a weapon (or multiple weapons) is introduced into a criminal investigation, it means that the job of the Defense Lawyer is that much more difficult. A recent incident highlighted how grim the prospects can be for anyone involved in a violent crime. A man wearing a Los Angeles Lakers uniform attempted to rob a security guard of his wallet at the downtown Los Angeles World Trade Center, only to have things to out of control. The security guard hit the man with a flashlight, causing him to lose his assault pistol. The robber was not identified, but police believe they have the important and necessary clues to both identify and arrest the suspect. There was blood that came from a cut to his head, prescription glasses and the assault weapon which fell out of his hands during the scuffle. Allegedly, the crime took place after midnight with the man pulling out a Tech 9 semi-automatic assault weapon and ordering the guard to the ground after asking for directions. The guard courageously fought back and grabbed the gun with one hand while using the other hand to hit the robber on the head with a flashlight. Los Anveles Violent Crime Defense AttorneysTrying to stay clear of serious charges when facing a violent crime accusation that included weapons is extremely difficult. For a Attorney, not only will he have to defend his client against the robbery charge, but a weapons charge as well. Judges, juries and prosecutors come down hard on any crime involving an assault weapon such as the Tech-9.If you or someone you love has been charged with a violent crime or a weapons charge, contact Kestenbaum Eisner & Gorin. Our experienced team will be able to defend you, provide you experienced legal counsel, help you decide what your best options are and guide you along the way. Tagged as: violent crimes defense Homicide, Drugs and Other Los Angeles CrimesPosted on: June 25, 2010 at 8:48 p.m.Los Angeles can be a difficult city to defend clients, in part because of how complex crime can be. For example, when a Los Angeles Criminal Lawyer represents an individual accused of a violent crime, he must examine every aspect of the case. Recently, in two Los Angeles Medical Marijuana shops, two killings occurred which started police; one took place in Hollywood, the other in Echo Park. A man in his 30's was shot and killed after 9:00 PM in Hollywood Holistic, a medicinal marijuana shop and on the same day at Higher Path Holistic in Echo Park (near Dodger Stadium) two people were shot, one fatally. The man who was not killed is in critical condition. So far no arrests have been made regarding these crimes. One Echo Park resident said "We have a lot of children in our neighborhood. We're a very tight community. We have babies all over the place and I was against the first (dispensary), and now there's two...within the same block. I mean, come on." Information such as this will surely impact a jury in a criminal case. A violent crime can be a sticky situation, because there are a number of factors involved in how the prosecution will pursue the charges. If the person accused of the crime allegedly had a weapon during the course of the alleged incident. If a weapon is present, it could turn a misdemeanor into a felony, or turn a minor felony into a major one. If your lawyer is aware of these factors before hand, he can work with you to help keep the consequences minor. A violent crime is any act that involves the use or threat of violence, meaning physical harm to another individual. Violent crimes most often involve other types of crimes, such as drug offenses, robbery, domestic violence, manslaughter or gang crimes. If you or someone you love has been charged with a violent crime, contact Kestenbaum Eisner & Gorin, and you will be in the hands of an experienced, skilled and effective team of lawyers. Tagged as: violent crimes defense Los Angeles Murder CasePosted on: October 1, 2009 at 4:30 p.m.Qualified Los Angeles criminal defense attorneys work tirelessly for their clients, and sometimes an attorney is the only friend a defendant has in the entire world. In a Los Angeles murder trial, the stigma of the crime ususally isolates the defendant, giving them no one to turn to, except for their attorney. For example, a Fullerton man was convicted this week in an Orange County court of attempted murder and mayhem stemming from a violent incident in February of 2008. Steven Walter Robinson, Jr., was found guilty of attacking two moviegoers at a movie theater in Fullerton. Robinson attacked a 38 year-old man with an knife, wounding him in the chest, arm, head and knee, then slashed a 65 year-old man on the arm and hit him in the head with a hammer. The attacks, which were unprovoked, occurred at a screening of the movie “The Signal," which tells the story of an errant electrical transmission that invades cell phones, radios and televisions, turning people into killers. Robinson is facing life in prison for his crime; his sentencing date has not yet been released. While Robinson did not actually murder his victims, attempted murder is still a very serious crime in Los Angeles. Attempted murder is specifically defined as a defendant behaving in a manner that is both deliberate and intentional with an extreme disregard for human life. In some cases, such as in Robinson’s, an assault with a deadly weapon or an assault with the intention of causing great bodily injury to another person can be charged as attempted murder if injuries inflicted are serious enough, or if the defendant’s actions were serious enough to potentially cause death. If you have been charged with attempted murder, call murder defense attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have courtroom experience in defending against attempted murder charges. The difference between attempted murder and potential life in prison or the death penalty and assault with a deadly weapon and several years in a state prison is a fine one that is open to much interpretation. In Robinson’s case, the prosecutor had to prove that Robinson wanted to kill the victims, not just injure them. That face that Robinson committed his crimes while at the screening of a film about violence and murder may have been used to cast some doubt as to Robinson’s mental state at the time of the crimes. Mental capacity, or the insanity defense, might have been used to defend him. Tagged as: violent crimes defense Los Angeles Violent CrimesPosted on: May 23, 2009 at 5:58 a.m.In Los Angeles, violent crimes sometimes garner quite a bit of local and national attention. In one such story that was literally made into a movie, Jesse James Hollywood is currently awaiting trial for the kidnapping and murder of 15 year-old Nicholas Markowitz in 2000. Prosecutors say Hollywood was immersed in drug trafficking for years, supplying marijuana to dealers in Los Angeles San Fernando Valley. Markowitzs half-brother, Ben Markowitz, reportedly owed Hollywood $1,200, so Hollywood and several associates kidnapped Nicholas Markowitz just down the street from his home to pressure his brother into paying his debts. When Hollywood was advised by a lawyer that being convicted of kidnapping could send him to jail on a possible life sentence, Hollywood allegedly enlisted one of his dealers, Ryan Hoyt to kill Nicholas Markowitz. Markowitzs remains were found by hikers several days later and Hollywood fled from California shortly after. Hollywood was eventually captured on a beach in Brazil before being brought back to Los Angeles to await trial. A 2007 movie detailing the case, "Alpha Dog," further stalled Hollywoods trial because film director Nick Cassavetes had been given sensitive information by prosecutors on the case to make his film. Defense attorneys attempted to block the release of the film, citing fears that it would unfairly prejudice potential jurors against Hollywood in his violent crime trial. Nine years after the violent crime, jury selection began this May. Conviction of violent crimes such as kidnapping and murder can, indeed, land Hollywood in jail for the rest of his life. Both are classified as felony criminal offenses and both count as "strikes" under Californias "Three Strikes" laws, which can lead to enhanced prison sentences for repeat criminal offenders. The punishment for kidnapping may vary anywhere from three to eight years in a state prison if the victim is over the age of 14, and is not physically harmed during the process. If, as in Hollywoods case, the victim dies as a result of the kidnapping, then the offense is charged as First-Degree Murder, which is punished by 25 years to life in a state prison. The fact that Hollywood was not even present at the time of the murder bodes well for him, as does the nature of Markowitzs kidnapping. Investigators in the case report that Markowitz partied with his captors in the days shortly before his murder. He was even left unsupervised at one point and made no attempt to get away or call for help. An experienced violent crimes defense attorney also knows that proving Hoyt acted on orders from Hollywood may also be difficult to prove and is one defense for Hollywood. If you are being charged with a violent criminal offense, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience in defending against criminal charges is an asset you need when you are staring at a lifetime jail sentence. Tagged as: violent crimes defense 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 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 DUI and the PolicePosted on: December 18, 2008 at 8:50 a.m.Most people in the city of Los Angeles will have to stand before a judge, receive a life altering penalty and feel a sense of shame if they are charged with DUI. Los Angeles DUI attorneys often aren't utilized properly during these trials, and the general public suffers. However, when it comes to police officers in one US county, DUI charges aren't a big deal. In large part, it's the successful work of the qualified DUI defense attorney that did the trick. A DUI charge filed in November against Walton County Deputy Cullen Coraine has been dropped. Coraine's DUI defense attorney, said the state attorney's office failed to dispute his motion to dismiss the charge. "Basically we argued the undisputed facts of the case didn't support the charges," the DUI defense attorney said. "The state attorney's office is of a like mind." The Assistant State Attorney acknowledged that prosecutors were unable to object to the DUI defense attorney's motion because the arguments he presented were impossible to dispute. "There was nothing contradictory," he said. Coraine was pulled over Nov. 23 and charged with DUI and driving 80 mph in a 45-mph zone. Coraine was adjudicating guilty on the speeding charge, according to Walton County court records. The DUI defense attorney argued in his motion that his client denied he'd been drinking at all, and "there was no staggering or swaying like you see in the cookie cutter cases." He argued in his motion that Coraine declined to submit to field sobriety testing or a breath test for the officers who pulled him over Nov. 23, but told them he would allow a supervisor to administer those tests. "There was a disagreement between Cullen and others in the department over collective bargaining issues," he said. The DUI defense attorney also argued in his motion that the Walton County officer who pulled Coraine over for speeding had no factual basis for alleging Coraine had been driving 80 mph, as he claimed. "He (Coraine) said he might have been going slightly over the speed limit," the DUI defense attorney said. "The officer who made the stop had no radar." The DUI charge was dismissed last Wednesday. Tagged as: violent crimes defense Immigration Consequences from Criminal Convictions - DUI Drunk Driving ChargesPosted on: October 21, 2008 at 4:24 p.m.The immigration consequences resulting from a conviction is a frequent issue considered by defense attorneys in Los Angeles Criminal Courts. The conventional wisdom is that criminal defendants who are not citizens may face deportation if convicted for a criminal offense, felony or misdemeanor. However deportation is not automatic, nor predictable. The reality is that the more serious the criminal offense, and greater the number of prior convictions, then the greater the likelihood that INS will begin deportation proceedings in immigration court. Sometimes however even a less serious criminal conviction leads to deportation, such a Driving Under the Influence offense (California Vehicle Code Section 23152(a)) -- which is quite atypical. A recent Court of Appeal decision addressed this issue, holding that the U.S. Attorney General may decide by adjudication that a non-citizen's individual crime was Tagged as: california criminal laws, immigration consequences, violent crimes defense Hit and Run: Dangerous for the Victim and the AccusedPosted on: September 24, 2008 at 11:54 a.m.Hit and run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards. Los Angeles criminal defense attorneys who defend the accused in such cases understand the severity of the charges and the penalties. In Los Angeles recently, an alleged hit and run driver was behind bars after a hit and run accident, in which a woman was fatally struck in a Northridge crosswalk, police said. The woman was arrested after the accident on a hit and run charge in the 10300 block of North Lindley Avenue. The victim died on the spot about 5:25 p.m., a fire department spokeswoman said. The suspect vehicle was westbound on Devonshire when it went through a red light, striking the victim, who was walking south across Lindley. Police found the white sport utility vehicle that struck the woman abandoned near Devonshire and Reseda Boulevard, Lee said. The victim of the hit and run accident is believed to have been a Cal State Northridge student, because of the papers and books she was carrying at the time of the crash. According to California Penal Code 20001: The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Any person who violates this law shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. If the accident results in death or permanent, serious injury, any person who violates this law shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph. Before a person is sentenced for committing hit and run, the court will evaluate a variety of factors such as the nature of the accident, if any person was injured during the accident, the severity of the other person Tagged as: violent crimes defense Handling DMV HearingsPosted on: August 25, 2008 at 9:43 a.m.A DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only, so it is unlike a court case. Both the State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles the accused to a notice of the action the DMV intends to take against a person's driving privilege and an opportunity to be heard, hence the term "hearing." After being arrested for driving under the influence, the accused has 10 days to schedule a hearing with the DMV. The hearing has nothing to do with guilt or innocence, it strictly has to do with the person's privilege and the circumstances surrounding the arrest. During the proceeding, the following matters are discussed: - Whether or not the accused took a blood, breath or urine test - Whether the police officer had reasonable cause to believe the accused was driving a motor vehicle in violations of state codes and laws - Whether the accused was placed under lawful arrest. - Whether the accused was driving with a .08% or more by weight of alcohol in their blood If a person refuses a blood, breath or urine test, then the proceeding will, in addition to the officer's proof and arrest procedure, check: - Whether the accused was told that if s/he refused to submit to, or fail to complete, a test that person's driving privilege would be suspended for one year or revoked for two to three years - Whether the police actually requested a blood, breath or urine test A DUI attorney may actually represent you at the hearing. Simply having an attorney present may greatly increase the chances of getting the license back until trial, and may even help in the future with a DUI trial. After being pulled over and arrest for DUI in Los Angeles, the arresting officer will confiscate the driver's license of the accused and hand over a pink slip (called at "Notice of Suspension," which acts a temporary 30-day license during the DMV hearing and DUI trial. After receiving the pink slip, the accused or the DUI lawyer has 10 days to schedule a DMV hearing. The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI charges resulting from drunk driving arrests throughout Southern California. Our attorneys are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. Tagged as: violent crimes defense 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 Why did the police officer stop me? Example of a Motion to Suppress under Penal Code Section 1538.5Posted on: November 27, 2007 at 12:31 a.m.When an officer approaches you on the street, or knocks on your door at home, does that mean you are not free to leave, and/or that your must allow admission into your home? There are no clear answers and Southern California Criminal Attorneys litigate, almost daily, difficult search and seizure motions by filing Motions to Suppress pursuant to Penal Code Section 1538.5 If the situation is considered a "consentual encounter," under Search and Seizure caselaw interpreting the Fourth Amendment of the U.S. Constitution, then police officers do not need a reasonable basis or reason to speak to the person, i.e. they are just making "small talk" -- which means that the officer can come up to the person and begin speaking. Of course, if you follow this train of reasoning, the person can just walk away right? Can the person just shut the door in the officer's face? While in theory the answer to both questions is yes, how many times will police officers just let the person walk away, or stand having a door slammed? Probably never. If anything, the police officer will find an articulable basis to "detain" the person, to explain his belief that the person is involved in criminal activity. This reasonable basis is required to justify law enforcement's intrusion on the person's right to privacy under the U.S. Constitution. The greater the intrusion, the greater the need to justify the search and seizure under criminal constitutional law. Thus, police officers entering a person's home requires a much greater level of lawful justification, than detaining someone on the street. A recent court of appeal decision clarifies further for all criminal lawyers in Los Angeles - what is a "detention" (requiring justifying) under the Constitutional framework, as opposed to a consentual encouter (requiring none). The First District Court of Appear ruling states that a police officer Tagged as: probation and sentencing laws, violent crimes 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 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 Inaccurate Eyewitness Identification, Tainted Forensic Testing, False Confessions have led to innocent people convicted. Later DNA testing conclusively showed their innocence.Posted on: May 23, 2007 at 3:58 p.m.A recent NY Times article described how 200 people were cleared of any wrongdoing, through DNA testing, after being convicted of serious charges. Many has served over 10 years in prison, and fourteen were on death row awaiting execution. Three quarters of the tainted convictions were marked by inaccurate eyewitness identification, and in other cases there were problems with the way forensic testing was executed by law enforcement. In several, there were false confessions. All this demonstrates that aggressive courtroom advocacy is crucial for all defendants. Tagged as: california criminal laws, federal law and defense, jury trial defense, sex crime accusations, violent crimes 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. |
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