Los Angeles County Criminal Lawyer Blog

The case of body parts found in the hills near the Hollywood sign has been an ongoing drama that has been a major news story, as well as a scary situation for nearby residents.

The most recent development is that police believe they have identified the victim as a 66-year-old man who went missing about a week before the body parts were discovered, the Los Angeles Times reports.

While not much information is being made public by police detectives, Los Angeles criminal defense lawyers have been watching this case to see whether detectives are actually able to put together enough evidence to make an arrest in this case.

Given the pressure of any Los Angeles murder case, but especially one where there is so much media attention and gruesome details, detectives will likely be putting in overtime on this one.

But one must be skeptical of an arrest where there is no established crime scene and where a body was dismembered and spread along the hills. According to the Times' account, dog walkers found the head during a leisurely walk after their dogs started playing with a plastic bag with the head inside.

That led police to search the hills with specially-trained dogs that are able to spot body parts, finding two hands and two feet. But the whereabouts of the rest of the body remain a mystery. Detectives acknowledge that it's certainly possible animals could have gotten to other body parts if they were placed nearby, which means they are likely never to be found.

It would take a special circumstance for a person to not only kill another person, but then to dismember then. It would also include access to tools that could accomplish that and a place where no one heard or saw anything. These are all challenges for police.

The most recent news story suggests that the man's boyfriend listed him missing Jan. 9 after not hearing from him for several days. That was eight days before his head was discovered near the iconic Hollywood sign. Family members and friends said he left their apartment Dec. 26, but they continued hearing from him up until Jan. 4. His partner reported him missing five days later.

Adding to the intrigue of the case, police recently executed search warrants at the apartment, taking a sedan from the site. A neighbor told the newspaper that he told police he remembers hearing arguing, yelling and screaming and furniture moving around a few weeks earlier. Police asked the neighbor when garbage pickup is for that apartment complex.

In most murder cases, the victim and suspect are acquainted. It's rare that these acts of violence are random. That means any associates, including a partner who allegedly was arguing around the time the person went missing, are going to be looked at very closely.

But the article also suggests that the man often walked his dog in those same hills and it's possible an argument turned fatal. But given the lack of physical evidence at the scene, detectives may have a tough time handling this one.

Remember, proving the case and simply having a theory of who may have committed it are two different things. And, unlike television, motive isn't enough for an arrest and certainly not a conviction. Police have a hard task on this one and Los Angeles criminal defense attorneys hope they don't jump to conclusions and ruin a person's life with a hasty arrest.

Continue reading "Police Continue Investigating Los Angeles Murder Case Involving Body Parts" »

This is the final part of a three-part blog series covering the laws surrounding chemical test refusal in Southern California. Please read the previous entries for more information regarding this topic.

Being convicted of driving under the influence of alcohol (DUI) in California can result in serious penalties such as fines, prison time, and loss of driving privileges. However, refusing to take a DUI chemical test can result in harsh punishments as well. In order to be found in violation of a refusal allegation in court you must first be convicted of DUI. However, even if you are not found in violation of a refusal violation in court, you will still suffer the consequences of at least a one year license suspension if you are found in violation of a refusal allegation at a DMV hearing.

California Vehicle Code Section 13353 outlines the punishments for anyone convicted of DUI and found in violation of refusing a chemical test. California chemical test refusal penalties will be imposed if one is found to have refused a chemical test and is convicted of DUI. Below is a breakdown of court penalties for DUI refusals for first time offender and offenders with prior convictions.

• First DUI With a Refusal - DMV license suspension for one year and a nine month alcohol program.


• Second DUI Within 10 Years With a Refusal - Two-year license suspension and 96 hours of imprisonment in county jail.


• Third DUI Within 10 Years With a Refusal - Two-year license suspension and 10 days in county jail.


• Fourth or Subsequent DUI Within 10 Years With a Refusal - 18 days in county jail
  It is important to note that the above penalties that stem from refusal allegations will be imposed in addition to any other penalties associated with DUI convictions.

Finally, if a person is convicted of a first time DUI or found to have willfully refused to take a chemical test, they will be prohibited from operating a commercial vehicle for one year. If a person suffers a second DUI conviction even without having refused to submit to a chemical test they will be prohibited from operating a commercial vehicle for the rest of their life.

Being found guilty of refusing a DUI chemical test can lead to many severe penalties that interfere with a person's life and goals; as such, it is important to quickly find experienced legal representation. The Southern California DUI Chemical test refusal lawyer, Daniel Kann, is dedicated to protecting his clients from severe punishments that result from such convictions. Call the Law Offices of Daniel E. Kann today for a free consultation on your case at (888) 744-7730.

The Los Angeles Times recently reported that six girls were charged with a Pasadena juvenile crime after being caught in connection with a high school vandalism.

Our Pasadena criminal defense lawyers know that parents are concerned for their children. This includes their concern for their future, which can be hurt if they face a criminal conviction as a teenager.

Vandalism is a common crime for teenagers to commit or get charged with committing because many see it as harmless. The police, however, see it as an expensive crime that can also harm the image of a city. That's why authorities are adamant about filing charges and seeking convictions.

Sometimes, authorities even attempt to turn these minor crimes into Pasadena gang crimes, which is often a stretch. California law allows prosecutors to sometimes enhance charges as "gang crimes" based on an easily-met criteria determined by police.

These enhancements can lead to stringent penalties, including increased jail terms, probationary periods, fines and fees and other sanctions. Those are only the penalties levied by the criminal justice system, however.

That doesn't include the potential sanctions placed on the teen by society. Criminal convictions can lead to school suspensions or expulsions, which would show up on their academic records. For teenagers hoping to get into a college or university of their choice, criminal charges can be a major obstacle. Many scholarships that a student would otherwise be qualified for may disqualify that student if he or she is convicted.

Still others could lose their jobs, which could create major financial obstacles. That's why preparing a strong defense and not necessarily taking the first plea offer the state makes can be good strategies.

In this case, the Los Angeles Times reports, six girls were arrested for vandalizing the Marshall Fundamental High School in Pasadena. Police say the girls were responsible for marking every campus building with graffiti over the recent three-day weekend.

Administrators returned to the school Tuesday after the Martin Luther King Jr. holiday to find that "lewd and derogatory" remarks were written in spray paint across the high school's campus. Administrators estimate it will cost between $4,000 and $5,000 to clean up the spray paint.

Police said they used video surveillance to track down the suspects. Authorities said the video captured images of some of the suspects. The names and ages of the suspects weren't reported by the Times.

What remains to be seen is how reliable the video tape evidence is and whether there is any other physical or circumstantial evidence that connects the suspects to the crimes. Another issue in cases like this is that the state will often seek restitution, which is money to pay for damages, in vandalism cases. This can be a financial struggle for many teenagers.

But that's only if the student is convicted of the Pasadena juvenile crime. A strong criminal defense lawyer will challenge all evidence, statements and witnesses and hold the state to its burden of proving the case beyond all reasonable doubt.

Continue reading "Six Juveniles Charged in Pasadena High School Vandalism" »

This is part two of a three-part series on DUI chemical test refusal in Southern California.

Being asked to submit to a chemical test for driving under the influence of alcohol (DUI) can be an intimidating and unnerving process for many.

As such, it is important for all Southern California drivers to understand their legal rights and choices when it comes to chemical tests.

While it is against the law for a driver to refuse to take a chemical test after they have been arrested, there are choices concerning what test will be done.

It is important to distinguish a Preliminary Alcohol Screening (PAS) device test from a chemical test.

PAS tests are done prior to an arrest so that an officer can obtain probable cause for an arrest.

These can be refused prior to being arrested as long as a driver is not under 21 years old or on probation for a previous DUI conviction.

When arrested for a DUI, a person is legally obligated to take a chemical test under California Vehicle Code 13353, but is allowed to choose which test he or she will take in order to have their blood alcohol content (BAC) determined. The DUI chemical test choice is limited to what is available, as some may be unavailable at various police departments. The three types of chemical tests are:

• Breath Tests: The most common tests, these analyze a subject's alcohol vapor found in their breath in order to measure their BAC.


• Blood Tests: Seen as the most accurate of the chemical tests, a blood sample is taken by personnel at a hospital or medical clinic and analyzed by the police crime lab. This tests for alcohol content and any form of drugs.


• Urine Tests: Usually only used for drugged driving cases, but may be used when other tests are unavailable. Similar to blood tests, this measures a urine sample for a subject's BAC and any drug presence.

If you have been charged with refusing to take a chemical test in Southern California, it is important you find experienced legal defense immediately. The Santa Clarita chemical test refusal defense attorneys at The Law Offices of Daniel Kann are determined to help all who face such charges. Call (888) 744-7730 for a complimentary consultation by our legal team on your case today.

Understanding your rights under California DUI law is invaluable for every citizen of the state, no matter if they have ever been charged with driving under the influence of alcohol or not. When a driver is pulled over for suspicion of drunk driving, police will often perform a series of coordination tests to determine if the suspect is legally drunk. However, the most important step of this process is the alcohol chemical test, used to officially determine the blood alcohol content (BAC) of a suspect.

When a suspect is officially arrested by police, they are legally obligated to submit to a DUI chemical test in California.

Under California Vehicle Code Section 23612 (a) (1) (A), "A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense." This is known as the California Implied Consent Law and applies to all drivers in the state and is punishable by the law.

There are many reactions by a suspect that can be deemed as refusal, including:

• Clear and concise refusal, i.e. "No, I will not take a chemical test."


• An ambiguous response, such as "Only if I can call my lawyer first" or "I don't know."


• Silence as a response to repeated chemical test requests.

Any of these responses can be held in court as a chemical test refusal as long as they occurred after the suspect was arrested. Drivers are not required to take a chemical test in California prior to their arrest.

If you are facing charges for refusing such a test, the Santa Clarita chemical test refusal attorney, Daniel Kann, is here to defend you against your charges and the harsh penalties that come with them. For more information, call the Law Offices of Daniel Kann today at (661) 450-9678.

Please check back again soon for part two of this three-part series on DUI chemical test refusal in Southern California.

The Ventura County Sheriff's Department conducted a raid off the coast of Ventura during the early morning hours of January 4, which resulted in approximately 2,000 pounds of marijuana being seized. Officials arrested 10 suspects during the raid which occurred around 3 a.m. in conjunction with an effort to curb drug trafficking along the California coast, according to The Los Angeles Times.

The raid found officers descending on a small, open watercraft powered by outboard motors known as a panga off the Ventura coast. Officials arrested nine suspects found on the boat and later arrested another suspect found hiding among the rocks on the shore. Another panga was found on January 3 on the Santa Barbara coast, which officials stated was used for drug smuggling, as well.

Police have not released details concerning what charges will be leveled against the arrested suspects.

While marijuana is subject to lesser fines and prison sentences than many other drugs in California, those caught illegally using such a substance will still face harsh penalties. If such a crime involves transporting marijuana into California, the penalties will be even greater. According to California Health and Safety Code Section 11360 (a), "Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment ... for a period of two, three or four years."

All charges of drug crimes can result in lengthy prison sentences and heavy fines for those found guilty. As such, it is important to hire an experienced criminal defense lawyer. If you or a loved one is facing such charges, contact a Ventura drug crime defense attorney at The Law Offices of Daniel Kann for experienced defense against harsh penalties and lengthy prison sentences. Call our offices today for a complimentary consultation on your case at (805) 290-4932.

Sources:http://latimesblogs.latimes.com/lanow/2012/01/2000-pounds-of-marijuana-seized-off-ventura-coast.html; http://leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11357-11362.9

Los Angeles Sheriff's Department officers operating in the Santa Clarita Valley arrested three teenagers in Santa Clarita after they stole beer from a liquor store, then returned to assault the store clerk on January 8.

The male trio, a 19-year-old, 18-year-old, and a juvenile, had allegedly stolen beer from the store earlier in the night, but returned an hour later in an attempt to take the surveillance video of the robbery, according to The Los Angeles Times.

When the suspects returned, they threatened the clerk who was working at the time and demanded the video footage of the Santa Clarita theft crime.

During a scuffle with the employee, one of the suspects cut the man on the arm with a knife.

The three fled once again, but were soon arrested when Sheriff's deputies set up a containment area to catch the suspects. The three have been booked on charges of theft, witness intimidation, and assault with a deadly weapon.

Assault with a deadly weapon is a very serious offense in California, and can result in severe penalties. Under California Penal Code Section 245 (a), those found guilty of the crime, "shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment."

If you are facing assault charges in Southern California, it is in your best interest to contact a qualified attorney immediately. The Santa Clarita assault defense attorneys at the Law Offices of Daniel Kann are dedicated to protecting those charged with criminal acts in Southern California. For more information on how our law team can help you today, call us at (888) 744-7730.

Graffiti has been a common occurrence in the United States for many years with many using it for various purposes, including claiming gang territory, acting in revenge against someone, and even as an artistic expression. No matter what the reasons may be, graffiti is designated as a crime and those suspected of the crime can face arrest and penalties.

Under California Penal Code Section 594 (a), graffiti is categorized as a form of vandalism and can be punished by imprisonment or fines depending on the total damage done by the act or acts of vandalism the defendant is found guilty of committing.

When the property damage is valued under $400, the defendant can be punished by a maximum of one year in county jail, a maximum fine of $1,000, or both penalties. Defendants who have been previously convicted of this crime can have their fine increased to a maximum of $5,000.

If the vandalism costs greater than $400, the defendant can be subject to up to one year in county jail or a maximum fine of $10,000. When the destroyed property amounts to more than $10,000 in damages, the fine can be increased up to $50,000, although the prison sentence does not increase.

Graffiti carries special penalties that a defendant can be subjected to if found guilty. A court can order the guilty party to personally clean up, replace, or repair the graffiti they have created or make sure that the area stays graffiti free. When the defendant is a minor, his or her parent/guardian can also be ordered by the court to help clean the graffiti or pay the fines that have been imposed if the minor is unable to do so.

Vandalism is a serious offense, and the prison sentences and fines can have long-term repercussions on a guilty party and his or her family. The Ventura vandalism defense attorneys at The Law Offices of Daniel Kann are dedicated to protecting the rights of defendants. For more information on how our law team can help you in your case today, call (805) 290-4932.

A Pasadena man now faces drug charges after being arrested carrying nearly two dozen pounds of marijuana while riding his bicycle, the Los Angeles Times reports.

Perhaps it was for personal use!

The 53-year-old man now faces major charges after being arrested one weekday recently around 2:30 a.m., the newspaper reports.

Our Pasadena criminal defense lawyers recognize the scrutiny being placed on the marijuana industry. There are many defendants who get arrested though they have a legal right to possess certain amounts of the drug for medicinal purposes.

Because of the recent political backlash against the industry, police throughout the state have placed extra scrutiny on the drug and those who may possess or attempt to sell it. While some people normally may not have been investigated under certain circumstances, it's possible they may now be looked at by officers.

In this case, police say they pulled the man over because he was riding his bicycle around 2:30 a.m. on Monterey Road. They say they pulled him over because he didn't have the required front light and rear reflector on his bike.

It sounds like an officer had nothing better to do than to bother a man who was riding on his bicycle. When they pulled him over, they allegedly found the marijuana -- 23 pounds of it -- inside a water cooler attached to the bike.

They arrested the man and charged him with suspicion of possessing and transporting marijuana for sale. He was being held at the Pasadena City Jail on $50,000 bail, the newspaper is reporting.

What must be looked at in a case like this is the reason for the search. Recent case law has shown that police must have a good reason for searching a vehicle, or in this case, a bicycle. They can't simply search a driver's vehicle without having a reason.

Some courts have said that if an officer is talking with a suspect who is nearby the vehicle they were stopped in, the officer has the right to search a center console area, under a seat or in the glove box to check for weapons to ensure their safety, but in a recent case, an officer searched a car and found cocaine after a suspect had been placed in another squad car. He was pulled over after allegedly soliciting a prostitute and officers discovered he had a warrant out for his arrest.

The appeals court ruled that the officer had no right to search the car after the suspect wasn't nearby and when there was no connection to the crime to warrant a search of the vehicle. Officers must play within the rules and when they break them, the defendant can benefit. But an experienced Pasadena criminal defense lawyer must be called on to discover these facts and help the suspect get a fair trial.

Continue reading "Pasadena Man Charged With Carrying 23 Pounds of Pot on Bicycle" »

A German man was arrested on January 2 in connection with a string of arson incidents around Los Angeles that has caused more than $3 million in damages from 52 incidents over the course of four days. The man was arrested after an arrest was requested of the man's mother by Germany, with investigators recognizing the woman's son as the man identified on video as the arsonist, according to a report by The Associated Press.

Police have not revealed a motive behind the series of blazes or why the man's mother was wanted for arrest by Germany, but are confident that the man is the one responsible for the arson spree. While the incidents did not result in any serious injuries, they caused many residents to evacuate their homes and sent hundreds of police and firefighters racing across the area to fight the blazes and prevent further destruction.

Under California Penal Code Section 451, "A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property." Arson is considered a felony in California and can be punished by various prison sentences depending on the circumstances of the crime. Arson of property can result in 16 months, two years, or three years in prison. Arson on a structure or forest land can result in two, four, or six years imprisonment. Arson of an inhabited structure or property is punishable by three, five, or eight years in state prison. Finally, arson that causes great bodily harm can result in imprisonment for five, seven, or nine years.

Any and all charges of arson can leave a defendant in prison for many years and severely damage his or her life forever. The Los Angeles arson defense lawyers at the Law Offices of Daniel Kann successfully use their years of experience and skills to defend the rights of those accused of crimes in Southern California and prevent harsh penalties. Call our offices today at (310) 954-9356 for more information on how we can aid you or your loved one in your case.

Sources:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=450-457.1; http://www.washingtonpost.com/national/24-year-old-man-under-arrest-in-connection-with-la-arson-spree-that-rattled-residents/2012/01/03/gIQApEPfXP_story.html

Local law enforcement made a big push during the end of the year to try to convince people not to drink in drive. The news media is reporting that officers attempted to make quite a few arrests for DUI in Ventura as the year closed and 2012 began.

Our Ventura DUI defense lawyers hope that everyone had a safe and enjoyable holiday season. But for many, the good time may have turned sour after being arrested by local or state law enforcement. An arrest can be frustrating, but it doesn't mean a driver should give up.

In fact, they should do the opposite and fight back. And the first step should be requesting a DMV driver's license hearing. This must be done within 10 days of a person's arrest, otherwise, they risk having no way to keep their driver's license. Within 30 days of a DUI arrest, the person's license will automatically be suspended or revoked.

What some people don't realize is that this is a separate hearing completely from the criminal case. If a person is convicted of DUI, they can lose their license for up to six months for a first offense, so the matter must be handled quickly and correctly.

A DMV hearing allows the defendant an opportunity to challenge the facts of the interaction with police and have a hearing officer determine whether the person should still be allowed to drive. In some cases, a person can still end up with a work permit license so they can still get to their job and home. In all cases, making the challenge allows a first look at the state's criminal case.

That hearing is different than the criminal case, where the state must prove that the person was actually driving while intoxicated. And according to the Ventura County Star, police made a serious effort leading up to New Year's Eve to make as many arrests as possible.

But despite the saturation patrol, it appears there were few arrests in Ventura. The newspaper reports police responded to more calls of crime. One arrest was made in Simi for DUI and another six DUI arrests were made by Los Angeles County Sheriff's deputies the Friday before New Year's.

The Camarillo Acorn reported that 16 DUI arrests were made going back to Christmas Eve in the county, a drop of one from the previous year's enforcement.

Another report out of Ventura County states that officers recently conducted a DUI checkpoint in Moorpark as a way to show residents police are serious about stopping drunk drivers. Police there admitted that they don't get many DUI arrests out of checkpoints, but use them as a way to get "a lot of public awareness on drunk driving." The county uses $150,000 a year in grant money to perform these DUI checkpoints.

Police constantly are trying to come up with ways to enforce DUI laws and typically use checkpoints and other tactics as public awareness campaigns that rarely have actual value in making arrests. But it is possible to get ensnared in one of these traps, which can have long-lasting effects.

If you are arrested, fight to keep your license and fight to stay out of jail by taking a hard look at the facts police intend to rely upon in making their case.

Continue reading "Ventura Police Were in Full Force Seeking DUI Arrests During the Winter Holiday" »