Los Angeles County Criminal Lawyer Blog

For the third consecutive year, hate crimes in Los Angeles County have decreased, reaching the lowest that they have been in 21 years. According to the 2010 Hate Crime Report issued by the Los Angeles County Commission on Human Relations, 2010 saw 427 reported hate crimes, a steep drop from the 593 reported in 2009.

Hate crimes are defined as misdemeanors and felonies motivated by prejudice against another's race, gender, sexual orientation, or religious beliefs. According to California Penal Code 422.6 (a), "No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state."

The majority of L.A. County's hate crimes are gang related, according to The Los Angeles Times, and over the last several years there has been a drop in gang-related crimes and vandalism in the county.

A large percentage of the hate crimes were from African American versus Latino crimes. Nearly 60% of all anti-African American hate crimes were committed by Latinos, while over 75% of anti-Latino hate crimes were committed by African Americans, according to the report.

When a felony or misdemeanor is determined to be a hate crime, punishments can be increased according to the seriousness of the crime. Under California Penal Code Section 422.7, those who commit a crime not punishable by imprisonment in and of itself can still be punished by up to a year in county jail or a fine of up to $10,000 if it is a hate crime. When the hate crime is a felony crime or attempted felony, one, two, or three additional years of imprisonment can be added to the person's sentence.

Gang-related crimes can be subjected to a multitude of penalties due to the factors involved in the focus and reason behind the crimes, including hate crime punishment. If you or a loved one has been charged with a gang crime in L.A. County, the Century City gang crime defense attorneys at The Law Offices of Daniel Kann can fight for your rights and defend against unnecessarily harsh punishments. Call us today at (310) 954-9356 for a consultation on your case.

Sources: http://latimesblogs.latimes.com/lanow/2011/11/hate-crimes-drop-to-21-year-low-say-county-commission.html; http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=422.6-422.865; http://da.co.la.ca.us/hate/hcdefined.htm

While Southern California drivers don't know what it's like to drive without major traffic jams, this Thanksgiving holiday week will be even worse.

The Los Angeles Times reports that the Automobile Club of Southern California predicted recently that 3.3 million drivers -- a 4.1 percent increase from last year -- will be on the go visiting family and friends. that includes 2.8 million drivers and another 400,000 via air or train. Nationally, 42.5 million people are expected to travel for Thanksgiving, an increase of a similar rate compared to last year.

What this also means is that more police officers, sheriff's deputies and California Highway Patrol officers will be out on the roads, as well. And that means a likely increase in Los Angeles DUI arrests.

Whenever there are major holidays, officers take the opportunity to step up patrols and seek to make as many arrests and ticket as many people as possible. When stuck in bumper-to-bumper traffic, accidents are prone to happen. And given the time people have off from work and the possibility they will be drinking with their meal, officers tend to consider DUI more than at other times of the year.

Our Los Angeles DUI defense lawyers urge everyone to drive safely this Thanksgiving holiday. It is about spending time with family, relaxing, and eating good food, not being locked up and watching your future take a major hit. if you are arrested and charged with DUI or another crime this holiday season, call one of our offices immediately.

The California Highway Patrol has already announced it will have additional manpower out on the streets, conducting a "Click it or Ticket" campaign from Wednesday to Sunday. But, make no mistake, officers will be looking for drunk drivers, as well.

Last year, patrol officers made 1,546 arrests for DUI during that four-day period. That was a six percent spike from 2009, the agency reports.

Even a first offense in California for DUI can lead to major penalties that are sure to ruin anyone's holiday. A driver convicted of DUI can face up to six months in jail, a driver's license suspension of six months, DUI school, a $1,000 fine and possible ignition interlock device installation and monthly payments.

These penalties can be more severe than someone who commits a pickpocketing or another planned out crime. DUI is typically a crime people don't wake up intending to commit. It is largely accidental, but treated harshly.

If you face this serious charge, call an experienced Los Angeles DUI defense lawyer right away. Your rights must be upheld at every stage of the proceedings. To ensure you get a fair trial, you should have experienced legal counsel to aggressively defend you from these charges. Enjoy your holiday and do so without picking up a charge. If you are arrested, we are here to help.

Continue reading "Los Angeles Expecting Major Traffic, DUI Enforcement For Thanksgiving Holiday" »

It has been a bad year for those in the marijuana industry in California. Perhaps to fight the "War on Drugs" or perhaps to win political favor in an election cycle, federal authorities have been aggressively pursuing marijuana dispensaries and pot growers statewide as the difference between state and federal laws on the drug rages on.

The Los Angeles Times reports that seven people were recently arrested in a Ventura drug case where authorities allege people were running a marijuana plantation.

The newspaper also reports that a judge recently ruled in San Diego that pot dispensaries can be evicted; many cases have been coming up where U.S. Attorneys are threatening landlords to evict these legitimate businesses as a scare tactic.

Ventura criminal defense lawyers find it appalling that more than a decade after California passed a law making the drug legal for medicinal purposes, federal authorities are now trying to shut down businesses and trample the rights of patients and growers. State and federal law has differed for years, but now that it's convenient politically, it has come into focus.

Many people make their living selling this drug to help people who have bad illnesses and diseases. With unemployment soaring as it has, especially in this state, jobs shouldn't be threatened or taken away at such a tough time.

In Ventura County, authorities allege seven men were running the marijuana operation after they found 130 pounds of marijuana plants drying near Pyramid Lake. Deputies were on patrol in the area and found a campsite on a hillside.

Irrigation tubes were connected to a nearby creek, sheriff's deputies said. Land had been cleared and terraced for the marijuana to be grown. Deputies found food, sleeping bags and other materials.

They then followed footprints leading to the seven men, who were at a cliff side when deputies found them. Authorities believe they were trying to flee but ran out of room to run.

A San Diego judge has ruled that pot dispensaries aren't legal anywhere in that city because of zoning laws. A Superior Court judge ruled that private companies can evict marijuana dispensaries from their buildings legally.

In recent years, San Diego's city council passed a zoning ordinance allowing medical marijuana dispensaries. But activists thought it was too restrictive, so they put together a petition to have the issue put to a vote. Instead, the council rescinded the ordinance, outlawing the dispensaries.

In recent weeks, federal authorities have tried to convince landlords to evict the dispensary businesses to force the issue. Marijuana supporters have filed lawsuits and plan to file temporary restraining orders to stop the court ruling.

Even though many of these businesses are legit under California law, federal authorities are trying to crack down, which can lead to drug charges. These must be fought aggressively so that authorities can't try to make an example out of people who did little wrong other than follow state law.

Continue reading "Marijuana in Los Angeles Continues to Come Under Attack, Leading to Drug Charges" »

Only in Los Angeles.

Two men accused of stealing from a person's house recently asked a man walking his dog for help getting their U-Haul truck out of the mud. Turns out, the man was the victim of a burglary and he alleges his stuff was in the back of the truck, the Los Angeles Times reports.

Charges of burglary in Valencia and throughout Los Angeles County can be punishable by years in prison, if the suspects are convicted.

Valencia criminal defense lawyers have seen many people, those convicted of juveniles charges in particular, be dogged for years by the consequences of a criminal record. It can be a blemish that is difficult to overcome later in life.

The same can be said for adults, too. People make mistakes, but many times the police and prosecutors are unforgiving. They are unwilling to lower the charges in a favorable plea deal and they want fines and fees as well as probation or jail time. It can become costly on top of humiliating.

So, the only option is to fight. An aggressive criminal defense lawyer will be able to look at all of the evidence objectively and be able to find holes in the prosecution's theory, in the police statements and in what witnesses said. Examining physical evidence, as well as DNA or fingerprint analysis, may also benefit the defendant.

In this case, a man was walking his dog and noticed a hole had been cut in his fence, this was right around the time a couple of guys in a U-Haul truck asked for his help getting out of the dirt next to his home.

When he noticed the truck was allegedly loaded with his property -- including tools and sports memorabilia -- he ran home and called police. According to a statement by the Los Angeles County Sheriff's Department, the man started taking pictures of the men throwing his belongings out of the truck and into the bushes nearby.

When deputies arrived, they arrested a 29-year-old man and a 32-year-old man. They are facing charges of suspicion of burglary, grand theft and receiving stolen property. Because of an outstanding warrant for a drunken driving arrest, the 29-year-old is being held on $200,000 bail. The older suspect is in custody on $50,000 bail.

The two men told authorities that the property was from an estate sale in Orange County and that they got stock while looking for a friend's home in the area. Both men are from Tehachapi.

The defendants now face serious charges and possibly an uphill battle. The fact that they were caught red-handed by the alleged victim, who took photos of them, doesn't bode well for their case. But, there may be facts not reported by the newspaper and not released by police that may shed more light on the situation. What is typically reported first is usually less than half of the real story. Only a jury trial will hear all the facts.

Continue reading "Alleged Burglars in Palmdale Thwarted After Asking Victim For Help" »

Michael Jackson's former personal physician Dr. Conrad Murray was convicted on November 7 of involuntary manslaughter over the overdose and death of the pop singer in 2009. After six weeks of testimony and deliberation, jurors concluded that Murray was guilty of criminal negligence that led to Jackson's death, according to The Los Angeles Times. Murray, a cardiologist, was convicted of administering a fatal dose of the surgical anesthetic propofol to the pop star.

Testimonies and arguments between the defense and prosecution in the Los Angeles jury trial focused on whether blame should be placed on Murray or Jackson, who was a willing participant in receiving the propofol doses, and whether or not Jackson gave himself the fatal overdose. In the end, jurors found that although Jackson agreed to the doses, Murray was responsible for administering the dose, neglecting to take care of Jackson, and responding incorrectly when Jackson suffered cardiac arrest. Murray was denied bail and now awaits sentencing on November 29 where he could face up to four years of imprisonment.

In California criminal law, involuntary manslaughter is the unlawful killing of another without malice aforethought, often due to actions taken without caution or thought. Involuntary manslaughter has the smallest amount of consequences of all the convictions that deal with the killing of another person. According to California Penal Code Section 193 (b), "Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years." In contrast, voluntary manslaughter can be punished by 3, 6, or 11 years of imprisonment.

Even though involuntary manslaughter receives the least amount of penalties, all criminal charges dealing with the killing of another are serious and can have a life-long impact on a person's life. If you or a loved one is facing manslaughter charges, contact the Century City manslaughter defense lawyers at the Law Offices of Daniel Kann. Call us today at (310) 954-9356 for a consultation on your case.

Source: http://www.latimes.com/news/local/la-me-conrad-murray-20111108,0,4044841.story

Celebrity sex scandals frequently make headlines across the country, sparking gossip and a rise in tabloid sales in supermarkets everywhere, but the underlying crimes can often be overlooked. Such is the case with the recent paternity lawsuit filed against 17-year-old pop singer Justin Bieber. The suit was filed against Bieber by a now 20-year-old fan who claims that the two had sex in California last October and that she is now pregnant as a result.

The timing of the alleged encounter would make Bieber 16 years old and the fan 19 years old, meaning that the fan could be guilty of statutory rape. Under California Penal Code Section 261.5, "Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age."

Under the same code section, since there was not more than a three year age difference between Bieber and the fan, she would be guilty of a misdemeanor if convicted of statutory rape. A misdemeanor is punishable by probation and/or county jail.

Continue reading "Justin Bieber Paternity Lawsuit Could Lead to Statutory Rape Case" »

The Los Angeles Times reports that a 44-year-old Los Angeles Police Department sergeant has been charged with burglary after allegedly breaking into a person's home.

Now, deputies in San Bernardino County are reviewing their open cases to see if he could be a suspect in other burglaries, the newspaper reports.

It is a common strategy for police departments to investigate a person it believes has committed one crime and try to link them to others in the area. We have seen this practice in other alleged burglary in Los Angeles cases as well as in other alleged crimes.

Los Angeles criminal defense attorneys who have years of experience in handling a significant number of burglary cases are prepared to defend suspects facing these charges. A defendant must not be linked to other crimes that he or she had nothing to do with.

Under California Penal Code 458, burglary is defined as entering a dwelling with the intent to commit grand larceny, petit larceny or another felony. Under the law, a person found guilty of burglary can face punishment of up to at least six years in prison.

According to the newspaper, the sergeant broke into a woman's house and was confronted by her, spraying him with a hefty dose of pepper spray, which is designed to ward off bears. After returning from a walk with her dogs, she saw the man, screamed and ran away. The man allegedly followed her, when she turned and unloaded the pepper spray on him.

"He was pursuing me," the woman told KLTA. "I'm really, really scared."

When the 18-year police veteran crashed his car nearby after stumbling off, police allegedly found jewelry, cameras and camera equipment inside his vehicle that belonged to the woman. They say he reeked of pepper spray.

Now that he has been arrested, police are looking into whether other local, unsolved crimes could have been his handiwork. The officer has been released on bail, and the woman said she is living at an undisclosed location to avoid the officer.

Unfairly or not, detectives in property crimes will look at suspects they arrest and try to determine whether the person is tied to other crimes. Even if they don't have recovered stolen property, they may try to say that the "means and motive" and vague descriptions of the suspects are similar enough to warrant an arrest. This is where an experienced Los Angeles criminal defense lawyer should be contacted.

In situations like these, a lawyer must be able to dig into the evidence the state intends to use at trial and be able to use that to get prosecutors to drop or reduce charges. Seeing through the detectives' case can save the defendant from dealing with enhanced penalties and more charges than are warranted.

Continue reading "LAPD Sergeant Faces Burglary Charges, Is Investigated For Others" »

Tuesday, November 1 saw the beginning of a change in sentencing for drug crimes involving crack cocaine; specifically, lessening future sentences for those convicted of possessing and dealing the drug, and shortening sentences for those already in jail for the crimes. The change comes from the Fair Sentencing Act that was passed by Congress in 2010, which lessened the sentencing for crack cocaine so that it would be similar to powder cocaine. This past summer, the U.S. Sentencing Commission decided to apply the change of sentencing to those who had already been convicted as well.

Inmates are now eligible for sentence reduction and almost 1,900 prisoners could see immediate release due to the change in sentencing, according to USA Today. In total, the U.S. Sentencing Commission estimates that around 12,000 inmates could see their sentences reduced and an average of three years taken off prison time.

The changes affect crack cocaine cases that are prosecuted on a federal level, with most states already having less severe punishments for the drug, and also eliminates the previously mandatory five-year minimum sentence for first time possession of crack.

With the change in sentencing now in effect, thousands of prisoners nationwide have begun sending orders for early release due to time served. For many inmates and families across the country, November brings the hope of being reunited much earlier than they ever thought possible.

Drug crimes and the punishments for them can bring serious consequences in California and across the nation, and even when punishments are reduced, a drug conviction can still destroy a person's life. If you or one of your loved ones is facing drug charges in Southern California, you will need excellent legal representation to help you get the best possible outcome in your case. The Southern California drug crime defense attorneys at The Law Offices of Daniel Kann fight for every client they represent. Contact our offices today for a free consultation at (310) 954-9356.

For motor vehicle operators in California, driving while impaired by any substance is a serious offense punishable by law. There are some distinctions between measuring the level of impairment due to the affects of drugs as opposed to alcohol that one who is facing this charge should be aware of.

According to California Vehicle Code 23152 (a), it's a crime to operate a car while impaired (or "under the influence") of alcohol or drugs of any kind. Drugs are described in the code as substances that can have an effect on a person's brain, muscle, or nervous system function.

These substances may include illegal drugs (like marijuana, cocaine, or meth), prescribed drugs (like Oxycontin, Codeine, or Vicodin), or even over the counter substances (like Nyquil, Tylenol PM, cough syrups, and others).

You are determined by the authorities to be operating a vehicle while impaired if a substance has compromised an individual's ability to the extent that he or she cannot perform like that of a sober person in a comparable situation.

In contrast to DUI offenses that involve alcohol where there is a specific legal mark for measuring an impaired adult driver's blood alcohol content (0.08 percent or higher), offenses for driving under the influence of drugs are measured on a case by case basis depending on the circumstances and the substances involved. Usually, a roadside examination is conducted by a drug recognition expert (DRE) who is trained to determine a driver's level of impairment due to the ingestion of substances other than alcohol.

Another important factor to remember is the act of driving while intoxicated is a separate offense from other punishable violations that may or may not be associated with an incident, including possession of an illegal drug (or intent to sell, if the amount of the drug possessed is over a certain amount). The offense of driving under the influence of drugs can be charged as a misdemeanor or felony in California depending on whether there are prior DUI convictions or whether the incident involved an accident resulting in injuries. Penalties include probationary discipline, fines of around $1,800 and up, license suspension, and possible jail time depending on the circumstances and your prior record. Navigating DUI drug charges can be extremely complex. If you're facing driving while under the influence of drugs charges in California, contact the knowledgeable criminal defense lawyers in Southern California at the Law Offices of Daniel Kann. Call (310) 593-2435 for a free case review today.

After a Los Angeles Police Department (LAPD) sergeant was arrested for alleged burglary in a home in the foothills, examiners are now investigating whether the man is accountable for other residential heists in the area, according to reporting by The Los Angeles Times.

The 44-year-old sergeant (who has been on the force for 18 years) was apprehended by police on Sunday shortly after a confrontation with a female house owner. According to reports, the owner encountered the man after coming home from a stroll with her dogs around 6:00 p.m. She alleges that the burglar began to confront her, so she sprayed him with a strong and liberal amount of pepper spray which prompted him to flee the scene.

However, he wrecked his car in flight (reportedly still reeling from the spray), and was picked up by LAPD officers responding to a crash on Highland. The defendant did not immediately disclose he was an officer. Deputies at the scene noted that he stunk of pepper spray. A number of pricey items belonging to the victim were recovered in his vehicle, including cameras and jewelry. The defendant was released on $125,000 bail.

A representative for the LAPD said officials are working in tandem with criminal analysts to investigate the case further before filing charges; they are also reaching out to contacts in neighboring departments regarding unsolved burglary cases that may or may not be related, reported The Times. As defined by California Penal Code 459, the punishment for burglary can be severe and is dictated by the nature of the crime and circumstances. If you're facing burglary charges in the Los Angeles region, contact a southern California burglary defense lawyer at the Law Office of Daniel Kann. Call (310) 593-2435 for a complimentary case review today.

Source: http://latimesblogs.latimes.com/lanow/2011/10/lapd-pepper-spray-mentone.html