CRIMINAL LAW BLOG

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 ...

The USA TODAY recently reported that the U.S. Justice Department is unleashing a potent new weapon in its battle against California's hundreds of medical pot clinics, threatening landlords with arrest and property seizures for renting to tenants who flout federal drug laws.Intensifying its crackd...

California Criminal Law currently allows prosecutors to directly file on juveniles 14 years old or older in adult court, for "strike" offenses. These offenses are defined as "serious or violent felonies" in the California Penal Code, in Sections 667.5, 1170.12, 1192.7.Los Angeles Criminal Lawyers...

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 runnin...

In California criminal courts, preliminary hearings are formal court hearings where the judge determines if there is probable cause to hold the defendant to answer for trial, on charges filed in the Felony Complaint. The hearing is only available if felony charges are filed (and not in misdemeano...

California law defines a burglary as entry into a building with the intent to steal. Even if nothing is taken, a burglary is committed when the entry happens (with the intent to steal or commit a felony inside the store). For example, prosecutors may argue that someone entering a store with a boo...

Criminal convictions may cause direct and grave consequences to someone's immigration status. The INS guidelines are very detailed and complex, and the Criminal Law Blog frequently confers with immigration law specialists to properly advise its clients. Before any plea-bargaining is done, the Law...

The Los Angeles Times reported today that the DEA has sent out letters to 150 Los Angeles landlords that they risk arrest and the loss of their properties if they continue renting to cannabis dispensaries.The two-page letter sent last week by Timothy J. Landrum, DEA special agent in charge of the...

During a drunken rampage at a Los Angeles hotel in 2005, off-duty Yuba City Police Officer Jesus Barrios groped the breast of a female colleague and pointed his .40-caliber service weapon at guests in the lobby.When Los Angeles police arrived, Barrios led them on a brief chase and had to be physi...

Any decision to enter a plea in a criminal case should be very seriously considered. Often the consequences of a criminal conviction, even a misdemeanor such as a DUI, may impact someone's life for years to come. For example, a truck driver convicted for a first time DUI loses his privilege to op...

Federal court cases are typically investigated by federal agencies, including the FBI, DEA, Customs, Treasury, and other federal agencies. Sometimes state and local agencies also file charges in federal court if the offenses involve major quantity of drugs, weapons or other contraband. The federa...

The obvious and sad reality is that addiction often leads to criminal behavior including theft, drug sales, DUI, and other more serious violations. There are numerous drug programs in Southern California, in-patient and out-patient, available to treat drug and alcohol addiction. Often the Crimina...

The California Legislature realizes the strong likelihood of false convictions in criminal cases, as reported in the L.A. Times on June 27, 2007. One pending bill is aimed at reducing the number of false confessions. It would mandate electronic recording of interrogations of suspects in homicides...

This criminal conduct is called "embezzlement," and is typically charged in California criminal courts as a violation of Penal Code Seciton 487(a), commonly known as Grand Theft (if the theft exceeds $400). The offense carries a maximum of 1 year in the county jail, or 3 years in prison. If the a...

Typically forensic evidence refers to physical evidence such as fingerprints, DNA, blood spatter, gun shot residue, and ballistics. This physical evidence assists to establish what happened during an alleged criminal act. Some say science is an objective witness, with no reason to lie, no reason ...

Many cases are resolved with police just closing their files, because the evidence of a crime in simply insufficient. The court system does not get involved. However, just as with many things in life, the world is not perfect and police officers do make mistakes. People have been falsely accused ...

One of the consequences of a DUI arrest is a possible suspended license. Possible does not mean definite, and there are numerous ways to get your driving privilege back sooner than later. Many people ask, "Can I just represent myself on a DUI and with the DMV?" While the Law Blog has a definite b...

This question addresses Search and Seizure Law which provides protections to all people from unreasonable police infringement on their rights, as provided in the Fouth Ammendment in the U.S. Constitution. The bottom line in court is whether the search is legal or not. In cases where there is a se...

California law provides that juvenile court is about rehabilitation not punishment, except in cases of serious violence such as murder and rape. Unlike adult court, all proceedings are confidential and not open to the public. The law attempts to straighten out youthful offenders through monitorin...

There are websites where detailed information about sex offenders is posted-where they live, what they were charged for, age, etc. I was looking at sex offenders in my hometown, and I noticed there was a rather old sex offender (80ish years old) just a few blocks away from me. Is a sex offender's...

Proposition 215 was passed by the voters in California in 1996, commonly referred to as the Compassionate Use Act. That was followed 8 years later by Senate Bill 420, enacted in 2004. These two propositions have been codified in the California Penal Code section 11362.775 et seq. The federal gove...

Arraignment is the initial court proceeding where a defendant is advised of his charges, and usually enters a Not Guilty plea. If a defendant is out on bail, he stays out of custody unless the prosecutor demonstrates to the court that the defendant is a flight risk, or a danger to the community, ...

Not necessarily. There are many reasons why the alleged victim or reporting party has a change of heart. It may be that the report of crime (violence, theft, or other violation) may have been false or inaccurate. It may also be that the person is scared to proceed with a prosecution. The police a...

Recent changes instituted by the California legislature have dramatically increased the consequences for first or subsequent DUI arrests. A DUI arrest where someone's blood alcohol is .08% or greater begins two separate legal proceedigns - one in court, and one with the DMV. In court, it is a cri...

A defense attorney seeks to exclude evidence obtained as a result of police misconduct. At times, police misconduct occurs in searches that occur during ordinary traffic stops, or in a suspect's home. Additionally, if law enforcement is too aggressive trying to obtain an incriminating statement f...