Los Angeles County Criminal Lawyer Blog

An operator of a popular Pasadena bootcamp for at-risk teens will stand trial on charges of kidnapping, child abuse, false imprisonment, extortion and unlawful use of a badge from a May incident where he allegedly handcuffed a 14-year-old female truant, took her to a relative's house and sought $100, the Pasadena Star-News reports.

Pasadena Criminal Defense Lawyers have long fought for criminal defendants because everyone has a constitutional right to have an aggressive defense; the government should always be made to prove its case. This is especially true when criminal charges such kidnapping and other felony charges in Los Angeles carry such stiff penalties.

Kelvin McFarland, who runs McFarland's Family First Growth Camp, faces dozens of years in prison if convicted of the charges. According to the state, he allegedly handcuffed a 14-year-old girl and took her to a relative's home. He then asked for $100 from the girl's father, insisting his daughter was truant from school and must be enrolled in his camp to avoid juvenile hall.

The courtroom was filled with supporters of McFarland, a Desert Storm veteran, who, in four years, went from being homeless to building a successful community organization, his attorney said. But more alleged victims have come forward, saying he uses handcuffs as a tactic in dealing with at-risk teens.

Obviously, McFarland is entitled to a fair trial and hopefully the media will report all aspects of the case. It's possible that prosecutors, who noted he has a criminal background, have jumped to conclusions while trusting a 14-year-old who may have credibility issues.

According to California Penal Code 207, kidnapping means abducting or taking someone against their will. The charge is punishable by up to eight years in prison, according to the state law.

False imprisonment, (California Penal Code 236), is a similar charge, where a person deprives the personal liberty of another.

In this case, it may be tough for the state to prove that he wasn't acting as a boot camp operator when he approached the girl. And as in any criminal case, there is the possibility that alleged victims and witnesses fudged the truth, leading to trumped up charges against the defendant.

An aggressive and reliable Pasadena criminal defense lawyer will attack every piece of evidence police and prosecutors plan to use. Our firm will study the reams of paperwork we receive as evidence in the case, diligently cross-examine witnesses who may not be telling the truth and seek the best resolution for our clients.

Perhaps most important to a successful defense is filing motions that may toss out key evidence against the defendant. This can include statements the defendant made, if there are any, or physical evidence, such as DNA or items gathered by police. It is sometimes possible that witnesses are banned from testifying, which can also benefit the defense. All of these areas should be thoroughly explored to make sure a defendant's rights are protected.

Continue reading "'Sgt. Mac" Scheduled to Stand Trial on Pasadena Kidnapping Charge" »

Ventura police recently arrested six teens and young adults they say are connected to 300 to 500 residential burglaries, the Ventura County Star reported.

That is a daunting number of crimes these suspects are accused of committing. But juvenile suspects, with the right Ventura County Juvenile Attorney, can work to get the best resolution for their case, which could mean keeping the case in the juvenile justice system rather than the adult criminal justice system. Penalties for juveniles are designed to rehabilitate rather than punish. But the wrong attorney might not properly fight juvenile charges in Los Angeles.

According to the news reports, the six defendants -- ages 17 to 21 -- would break into homes between 9 a.m. and 2 p.m., knocking on a door or ringing a doorbell to see if someone was home. If they were home, the suspects would make up a name and say they were looking for a friend. If the residents weren't home, they would enter through an unlocked window, sliding door or dog door.

Police told the newspaper the group targeted homes above Poli Street as well as midtown near the beach in Clearview and Bayshore. Police said they began investigating after seeing a 40 percent increase in the number of daytime residential burglaries reported citywide. Recently, police caught three of the suspects in the act. Police said the group had been committing the burglaries since 2008.

But what it appears the story didn't say is how police linked all five suspects to these crimes or how they were able to say these five individuals committed 300 to 500 burglaries, which seems nearly impossible to actually prove.

What is important in any case, especially those involving juveniles, is not to give the police any statements if you are accused of a crime. Police are allowed to lie to suspects, so sometimes they tell them their co-defendants have already told them all the details, so it would be best if they confess, too. Sometimes officers will tell suspects they will put in a good word or talk with the district attorney about working out a deal, but most times the officers have no power or sway to help the suspects. These are tactics that officers use to get confessions.

Juveniles can be particularly susceptible to these tactics because they are scared, feel alone and worry about what the possible penalties can mean to their future. In California, nearly 15 percent of people arrested are juveniles, accounting for more than 225,000 arrests each year. According to the California Department of Justice, in 2009, 59,253 felony offenses were filed in juvenile court and 39 percent were for property offenses.

These charges are serious and they must be fought aggressively. Failure to act quickly when a juvenile is arrested could mean time spent incarcerated instead of getting therapy and training to not commit the crime in the future. It could mean the difference between keeping the charges hidden on their criminal record as a juvenile and being subjected to public record laws as an adult charged with a crime.

Continue reading "Ventura Teens Charged With Connection to 300-500 Residential Burglaries" »