Los Angeles County Criminal Lawyer Blog

If this question is on your mind, you're not alone. Many people who really want a fresh start often wonder about how they can clear their criminal record after being convicted of a crime. According to the Judicial Council of California, a person may file a petition for expungement if they were convicted of a:

• misdemeanor and successfully completed probation;


• misdemeanor and never received probation;


• felony and successfully completed probation and/or county jail sentence; and,


• felony and never received probation but was sentenced to county jail.

In addition, a person cannot have any other cases pending if they wish to clear their criminal record.

The California Penal Code Sections that govern the area of probation include California Penal Code Section 1203.3 and California Penal Code Section 1203.4.

It is important to realize though that based on the above circumstances, a different expungement petition may be necessary as well as other steps such as filing a petition to have your conviction reduced or dismissed. Different crimes require different expungement procedures. However, the basic steps for getting your criminal record expunged involve going to the court that convicted you and asking the clerk's office for the appropriate forms and procedures for expungement. After the proper paperwork and petitions are filed, a judge will ultimately decide whether to reduce your conviction from a felony to a misdemeanor or a misdemeanor to a dismissal.

To ensure that this intricate process goes as smoothly as possible and results in success, it may be in your best interest to contact a lawyer with experience handling expungements. At the Law Offices of Daniel Kann, Ventura expungement attorney Daniel Kann has the legal resources and skills to help you accomplish your goal of having a clean record. Call 805-290-4932 for a confidential and no-cost consultation to find out more about your legal rights and options.

A man dubbed the "Tri-Cities Bandit" was recently arrested after he allegedly robbed as many as 10 banks in recent months, the Glendale News-Press reports.

Bank robbery in Pasadena and throughout Southern California is a serious crime and is typically prosecuted in federal court rather than in a state-run criminal court because banks are backed by federal money. Therefore, the government will throw lots of resources at a bank robbery case and the defendant they decide to charge.

That's why hiring an experienced Pasadena Criminal Defense Lawyer in order to fight the charges is critical. In the federal system, penalties are usually steeper than in Los Angeles Superior Court, for instance. And bank robberies are investigated by the Federal Bureau of Investigations.

According to the news report, the 39-year-old man, along with a 42-year-old man identified as his getaway driver were recently arrested after robbing a bank in Westlake Village. Authorities believe he is responsible for 10 bank robberies throughout Southern California.

After leaving a bank recently, a Los Angeles County Sheriff's deputy stopped a vehicle that matched the description of a vehicle that had left a bank that was robbed. After stopping the vehicle, the deputy arrested the two men.

ABC News reports that he never used a weapon during any of the robberies. The story provides a list of the banks that were recently robbed that these suspects are allegedly connected to:

• June 13, Citibank, Burbank
• July 19, Wells Fargo, Pasadena
• July 20, Wells Fargo, Glendale
• Aug. 11, EastWest, Tarzana
• Aug. 12, Grandpoint, Brentwood
• Aug. 15, OneWest, Chino Hills
• Aug. 16, Bank of America, Los Angeles
• Aug. 17, Bank of the West, Pasadena
• Aug. 17, US Bank, La Verne

Charges of theft in Los Angeles can range from simple shoplifting to using a weapon to rob a person at gunpoint. And, therefore, the possible penalties range from a few months in jail to years in prison.

There are many factors that go into a prosecution for robbery. The chief issue is identification. Misidentification of a suspect is the easiest way for a defendant to get out of the charges. In this case, probable cause for the car stop should also be questioned.

There are also times when officers unlawfully stop a vehicle or conduct an illegal search. Challenging the legality of a search can result in suppressed evidence and even a reduction or dismissal of the charges.

Continue reading ""Tri-Cities Bandit" Faces Burglary in Pasadena, Glendale, Burbank" »

Joe Francis, known for creating "Girls Gone Wild" videos, turned himself in to the Los Angeles Police Department Pacific Division recently for involvement in a misdemeanor false imprisonment case. The Los Angeles Times reports that Francis arrived at the police station with his attorney and bail bondsman. Although details of the case have not been released, Francis will reportedly be booked and released on $50,000 bail. A second suspect from Valley Village also turned himself in to authorities.

This isn't Francis' first run-in with the law. In 2009, he pleaded guilty to two misdemeanor counts of filing false tax returns for withholding $500,000 in interest income and bribing jail workers for food by providing them with about $5,000 in goods. As a result, he was required to pay almost $250,000 in reimbursement to the Internal Revenue Service (IRS).

False imprisonment, California Penal Code 236 PC, is not to be confused with improperly keeping a person in jail. False imprisonment charges are serious as they relate to the restraint, confinement, or detainment of another individual without their consent. A person may be charged with either misdemeanor or felony counts for false imprisonment in which a conviction could lead to steep fines, years behind bars, and other consequences.

Because the stakes are so high in a false imprisonment case, Los Angeles false imprisonment attorney Daniel Kann knows there is no time to waste in building a solid defense on your behalf. With years of experience defending the rights of those facing a wide range of criminal charges in Southern California, Mr. Kann will guide you through the complex legal process so that you can avoid jail time and clear your good name. To learn more about how the Law Offices of Daniel Kann can help, call 310-954-9356 for a free, confidential consultation.

Source: http://latimesblogs.latimes.com/lanow/2011/08/joe-francis-second-suspect-tied-to-false-imprisonment-case.html

A no contest plea was recently made by Shane Sparks of MTV's "America's Best Dance Crew" in regards to a single felony count of engaging in unlawful sex with a minor under the age of 16. The Los Angeles Times reports that the grounds of the plea deal permitted eight felony counts for alleged sex acts to be dismissed.

Photo Courtesy of Los Angeles Times

Sparks agreed to the no contest plea for the single felony. As a result of his plea, Sparks will be required to serve 270 days in jail within the county over the next year and will be given five years' probation. In addition, the hip-hop choreographer will have to attend 52 sex-offender counseling sessions and must not get close to any female minors unless an adult is in attendance. The arrest that started it all took place in December 2009 at Sparks' North Hollywood home. He was accused of committing multiple lewd acts upon a child beginning in 1994 and Los Angeles police have identified the victim as a girl who was under the age of 14 when the alleged acts started.

Based on California Penal Code 261.5 (a), it is considered unlawful for an adult to have sexual intercourse or a sexual relationship with an individual under the age of 18 since "the age of consent for lawful sexual relations" is 18. If an adult is found to have had sexual intercourse with a person under the age of 18, this may be prosecuted as statutory rape in California. Whether unlawful sex with a minor is a misdemeanor or felony is typically based on the age difference between the individuals involved.

Continue reading "No Contest Plea from MTV's "America's Best Dance Crew" Shane Sparks for Sex Crime" »

A 21-year-old man whose speeding and alcohol consumption caused an accident that killed a passenger was recently sent to prison for four years, the San Diego Union-Tribune reports.

This tragedy, and others like it show why hiring a Pasadena DUI Defense Attorney is critical for those charged with DUI-related accidents. After a crash, things happen quickly. The driver is usually in pain, just realizing what happened, having witnesses run up asking them if they're hurt and then they hear sirens in the distance. Before they know it, they're being handcuffed and taken to a jail cell or interrogation room.

Being charged with DUI in Los Angeles can be terrifying. When a serious or fatal accident occurs, it's just that much worse. Many times, a driver fails to realize he can face criminal charges in connection with serious or fatal injuries suffered by passengers in his vehicle.

According to the news article, the man admitted he drove under the influence of alcohol and caused a crash that killed a 21-year-old woman who had recently come to the United States from China with aspirations of learning English and pursuing a dancing career.

The crash happened in San Diego, but the man is from Los Angeles County. The wreck happened on March 14 in a 2011 Toyota Camry on southbound Route 163 near Interstate 5. His blood-alcohol level was 0.10, just above the state's 0.08 legal limit for drivers. The female passenger died from blunt force head trauma.

A 23-year-old passenger had a bump on his head and the driver complained of pain in his head and neck. The man pleaded guilty to felony DUI alleging great bodily injury in July and was sentenced to four years and four months in prison. The judge was lenient on the defendant because he has no criminal history.

Under California law, a person can be sentenced to years or decades in prison if convicted of felony DUI if a person is injured or killed or if major damage occurs. After stacking charges against a defendant, prosecutors will sometimes attempt to get a defendant to enter a guilty plea to less-serious charges. Overcharging is a common tactic by the state.

But all cases require the diligent defense of an experienced DUI defense attorney in Ventura, Santa Clarita or elsewhere in Southern California. That means challenging the evidence the state plans to lean on for a conviction, including the witnesses and police observations.

In some cases, it's possible to disprove that the defendant was at fault in the accident. Perhaps faulty traffic signals, another driver or outside factors played a part in the wreck even though the driver had been drinking. As the Los Angeles County Criminal Lawyer Blog has reported before, breathalyzers in Los Angeles have been proven faulty through manufacturing defects and human error and those results can be challenged as well.

An arrest for DUI isn't the end of the world. But it is a very serious criminal charge -- whether filed as a misdemeanor or felony. It's a challenge to fight for justice and ensure that the defendant's rights are upheld in accordance with the law. And that challenge should be entrusted to an attorney who dedicates a significant portion of his practice to drunk driving defense in the Los Angeles area.

Continue reading "Los Angeles Man Gets 4 Years in Prison for Fatal DUI Wreck" »

If you are a San Bernardino resident, you may have heard about the recent police drunk driving and driver's license checkpoint that resulted in 9 arrests, 21 citations and 18 vehicle impounds last week. The Sun reports that out of the nine people arrested, it was determined that six were under the influence of alcohol or drugs. Two individuals were arrested because warrants were out for their arrest and one was arrested for a drug-related charge. Funding for the checkpoint was provided by a California Office of Traffic Safety grant through the National Highway Traffic Safety Administration (NHTSA).

This recent DUI checkpoint, or "sobriety checkpoint" in California, serves as a reminder to motorists that law enforcement is always on the lookout for drivers who may be driving while under the influence of alcohol or drugs. It is never a good idea to drive while drunk or otherwise intoxicated. If you're going to go out drinking, take a cab or plan for one of your friends to be the designated, sober driver.

Whether a person is pulled over by a police officer or stopped at a DUI checkpoint, it is possible that they may have to undergo field sobriety tests or even provide a breath sample.

Although an arrest may not be necessary in order for law enforcement to have you submit a blood sample to detect blood alcohol content (BAC), it is important for drivers to be fully aware of their legal rights in case they ever find themselves in such an unfortunate situation.

A lot of people who are arrested for DUI think that's that. But you have the right to fight back or help your loved one find the resources they need to get their drunk driving charges reduced or dismissed. To find out more, call Daniel Kann, Southern California drunk driving lawyer at 888-744-7730 for a free consultation. He has years of experiencing obtaining successful results for those charged with DUI.

It depends.

According to California Vehicle Code section 23612(a)(1)(A) all drivers in California have "consented" to chemical testing of blood or breath to determine their blood alcohol content if they have been lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.

However, as the California District Attorney Association points out, appellate courts argue that a formal arrest is not a precondition for lawfully obtaining a DUI suspect's blood without consent, under the circumstance that a law enforcement officer had probable cause to think that the person was driving under the influence.

If this sounds complicated, it's because it is. And this is why being arrested for DUI in California can be so overwhelming. Everything happens so fast that you don't even have a chance to think about whether your rights have been violated or whether an officer is properly following procedure.

So, you don't necessarily have to be arrested for drunk driving in California for an officer to have your blood or breath tested. But the "probable cause" grounds related to this can be subjective, meaning that an officer's reasons to suspect that you were under the influence while driving could be biased or based on opinion rather than evidence.

Preventing drunk driving helps save lives, but it's important that innocent people aren't punished for something they didn't do. If you or someone you care about has been arrested for DUI in California, contact Pasadena DUI defense attorney Daniel Kann at 626-376-9218. Mr. Kann has been defending the rights of individuals charged with various drunk driving offenses for years, lending him the extensive legal experience and resources necessary to get charges reduced or dismissed. The sooner you have a lawyer on your side, the better your chances are of avoiding a conviction.

Earlier this week, Facebook agreed to assist California prisons by removing prison inmates' illegal Facebook pages. According to the Los Angeles Times, Facebook believes the most effective way to prevent prison inmate usage of Facebook is to ultimately stop smuggled cell phones from making their way behind bars.

The California Department of Corrections and Rehabilitation (CDCR) announced that they have already begun to report illegal inmate pages created and managed by prison inmates to the security team at Facebook. On top of that, Facebook accounts created and/or managed on behalf of a prison inmate will be taken down.

In a statement from the CDCR website, the department's Secretary stated, "Access to social media allows inmates to circumvent our monitoring process and continue to engage in criminal activity. This new cooperation between law enforcement and Facebook will help protect the community and potentially avoid future victims."

In 2006, about 261 smuggled cell phones were found in California prisons, but that number is minuscule compared to the estimated 7,284 found within the first six months of this year. In addition to the concern that inmates will engage or instigate crimes outside of prison through Facebook and cell phones, the CDCR has also noted that many prisoners have used their Facebook profiles either to threaten or harass others with sexual advances.

A bill is pending that would make smuggling a cell phone to an inmate a crime with the penalty of a $5,000 fine and up to six months in jail. As of now, prison employees are thought to be the main source of smuggled cell phones, which can bring in $1,000 apiece. Prison employees who provide cell phones to inmates will be fired, but not penalized.

Every Los Angeles defense lawyer knows that each criminal case is different. However, what is unfortunately similar across-the-board is the automatic stigma that often comes with being arrested for a crime. To ensure that you or your loved one's rights are protected and jail time avoided, contact Los Angeles criminal defense attorney Daniel Kann. Call 310-954-9356 for a confidential, no-cost consultation today.

In Los Angeles, there is never a shortage of celebrity related news, including charges of driving under the influence. Recently, celebrity disc jockey Samantha Ronson was arrested on a charge of suspicion of driving under the influence in Baker, CBS News reports.

Ronson is perhaps best known as being the former girlfriend of actress Lindsay Lohan. Lohan herself has been in the news for various arrests and issues dealing with probation from a 2007 DUI conviction.

It goes without saying that DUI in Ventura is a charge that should be aggressively defended -- to protect your right to drive, your freedom and your financial well-being. While most people charged with the crime face misdemeanor charges rather than felony charges, the penalties are such that an aggressive Ventura DUI Defense Attorney must be consulted to seek the best outcome possible.

A person charged with DUI faces instant scrutiny from family members, friends, neighbors, co-workers and can even suffer consequences without being convicted. An arrest is sometimes all the proof some people need to judge. And that's before any proof has been shown in court.

And the penalties, even for a misdemeanor, are extensive, even for a first-time offender:

• Up to 6 months in jail
• Up to $1,000 in fines
• A 6-month driver's license suspension
• DUI school completion
• Possible ignition interlock device installation

And the penalties increase from there. That doesn't include having to fight to keep your driver's license while the charges are pending. That is done through an Admin Per Se/DUI hearing. Those charged with DUI only have 10 days from arrest to challenge the suspension of a driver's license through the California Department of Motor Vehicles.

This type of hearing is separate from the criminal case and focuses on the actions of the officers who made the arrest. This hearing is based on whether the officer had probable cause to make a stop, whether the arrest was lawful, whether the driver had a .08 or above blood alcohol level and whether the officer properly informed the driver of the consequences of refusing to submit to a breath test or blood test.

In Ronson's case, she was arrested in Baker, more than 100 miles northeast of Los Angeles, after a late-night show in Las Vegas. According to an officer, she was pulled over after speeding and was arrested on two charges of driving under the influence.

In any case of DUI, an aggressive attorney will examine all aspects of the case, from the initial stop, to what tests were performed, if they were performed correctly and whether the results are accurate. Breathalyzer results and field sobriety testing can be challenged for accuracy. Not speaking to police and seeking immediate representation is the best plan to ensuring a defendant gets a fair shake.

Continue reading "Celebrity DJ Samantha Ronson Charged With DUI" »

No parent ever wants to get that call where they find out their child has been arrested for underage drunk driving, but this does happen. Now what do you do?

First of all, stay calm and as positive as you can. If you're reading this, you realize that it's important to be proactive and search for information that will be helpful during this challenging time. You are probably worried about how a DUI will affect your child, especially since they are under the age of 21, and you may even be upset with them. However, just because they were arrested for driving while under the influence of alcohol does not mean that they were in fact "under the influence."

The Zero Tolerance Law in California is tough to beat, but this doesn't mean you should back down without a fight. It is crucial to ensure that your child's rights are protected and that any violations of their rights are presented to the court in an effective way to get charges reduced or even dismissed altogether.

The California Vehicle Code (CVC) §23136, PAS Persons Under 21: Preliminary Screening Device created stricter Zero Tolerance requirements and penalties for drivers under 21 years of age. Under this law, the Department of Motor Vehicles (DMV) must suspend or revoke the driving privilege of any individual under age 21 who is arrested or held in police custody for driving under the influence (DUI) of alcohol, or alcohol and drugs. This applies to those who either take a Preliminary Alcohol Screening (PAS) test, chemical test (blood or breath test) with a BAC level of 0.01% or more, or those who decide not to take or fail to finish a PAS or other chemical test. This is only the beginning of the potential repercussions of a drunk driving arrest for underage individuals.

For more information about what you can do to help your child after their DUI arrest, get in touch with Santa Clarita underage DUI lawyer Daniel Kann. As an attorney who has handled thousands of criminal defense cases, Mr. Kann knows what it takes to obtain a successful case result. Call 888-744-7730 for a free and confidential consultation today.

While the answer to this question may be more complex than it appears, the Santa Clarita Sheriff's Department attributes the drop in crime rates to a local crackdown on drugs, enhanced efforts in the area of crime prevention, and real-time monitoring of crimes permitted partially by equipment donated by the city of Santa Clarita. In addition, the Sheriff's Department also states that it's come down hard on narcotics with a focus on individuals identified as narcotic addicts who they believe are more likely to commit crimes like burglary.

According to The Santa Clarita Valley Signal, crime dropped by 36.2 percent in the Santa Clarita Valley over the last five years. More specifically, violent crimes identified as homicide, forcible rape, aggravated assault, and robbery in the Santa Clarita Valley fell 43.2 percent within the last year. Based on the most recent statistics, burglary crimes have decreased by 35 percent since 2006. Other property crimes, counting larceny theft and grand theft auto, have decreased by 32.5 percent and 54.6 percent within the last five years. On the other hand, during the five-year period, the property crime of arson increased by 24.1 percent. In the last year alone, 18 arsons were reported, in contrast to 13 arsons in both 2006 and 2010.

Any drop in crime is beneficial for a community. However, there is room for error when law enforcement is eager to arrest those believed to fit a certain criminal profile when in fact, they may very well be innocent. Far too often, either in the media or society in general, we assume a person to be guilty until proven innocent when the law says it should be the other way around. Being arrested, or having a loved one arrested for a crime, can be an intimidating and difficult experience. To ensure that you or your loved one's rights are protected and a strong defense is established, contact Santa Clarita criminal defense attorney Daniel Kann. Call 888-744-7730 today for a free, confidential consultation.

The Ventura County Star recently reported about a 15-year-old who was arrested and charged with stealing a vehicle.

A Ventura Juvenile Criminal Defense Attorney is critical when dealing with allegations of auto theft. We continue to report on enforcement activity aimed at juvenile crime in general and the rash of car thefts in particular. Auto theft charges in Ventura, as well as cases involving juvenile crime, require the touch of an experienced attorney.

In this case, the newspaper reports, officers were called to a disturbance in the 200 block of West Vince Street and spotted a vehicle driving without its headlights on. When officers tried to stop the vehicle, the driver refused and tried to drive away. After allegedly eluding police, the driver lost control and crashed into a car rounding a turn.

The 15-year-old driver wasn't injured, but he was arrested on suspicion of theft of a vehicle, evading police and on outstanding warrants for his arrest.

As Fox News reported this summer, California leads the nation in metropolitan areas with the highest rate of vehicle theft in 2010. According to the news story, the West Coast dominates the top 10 list, with eight of the cities with the highest rates from California and the other two from Washington State:

1. Fresno, Calif.


2. Modesto, Calif.


3. Bakersfield-Delano, Calif.


4. Spokane, Wash.


5. Vallejo-Fairfield, Calif.


6. Sacramento/Arden-Arcade/Roseville, Calif.


7. Stockton, Calif.


8. Visalia-Porterville, Calif.


9. San Francisco/Oakland/Fremont, Calif.


10. Yakima, Wash.

For this reason, there are other California cities where auto thefts have become common and some have decided to commit the crime as a money-making scheme. This has become especially attractive to juveniles.

But while some have committed the crime for the excitement or the potential monetary gains, they don't take into consideration the possible punishments. Juveniles have a lot on the line when they commit a crime. Being sent into the criminal justice system rather than being tried as a juvenile means the difference between prison sentences and boot camps.

Their record can be hidden as a juvenile, but is exposed for the world as an adult. A conviction can lead to disqualification from scholarships, college, military service and jobs. And for all these reasons and more, hiring an experienced Ventura Criminal Defense Lawyer who will fight to protect the defendant's rights and explore every avenue of defense is critical.

Seeking to have a teenager prosecuted in the juvenile justice system is the first job of a good attorney. But it doesn't stop there. Seeking to suppress key evidence and fight off the word of witnesses, police and physical evidence are all important elements to a strong defense. Whether charged as a juvenile or adult, auto crimes can have severe consequences, including prison time, so they must be taken seriously.

Continue reading "Ventura Juvenile Charged in Auto Theft Case" »