Los Angeles County Criminal Lawyer Blog

An Encino man was one of two people recently arrested in connection with an ATM fraud charge in which a "skimming" device was placed on a machine to steal users' identities, the Encino Patch is reporting.

The 37-year-old man and another man, a 31-year-old from Sherman Oaks, now face charges related to the alleged fraud. A skimmer device is used on machines that commonly accept credit or debit cards. It is placed over the machine and can extract bank account, credit card number and PIN information to use in order to attempt to steal a person's identity.

Encino criminal defense attorneys recognize that identity theft is a major problem in our society and one that has continued to increase over the years. Often, however, charges of theft or fraud in Encino are brought against people who may not necessarily have been involved.

Fraud is a vague term that can relate to a major white collar crime, such as real estate or mortgage fraud or can be associated with smaller operations. Fraud is simply is deceptive act for personal gain and to damage another. So, it can apply to many different areas.

In this case, authorities allege that the two men were using a skimmer on top of video equipment to try to capture customers who were inputting their PIN numbers into the ATM. The two were arrested by Thousand Oaks police as well as the Secret Service.

Law enforcement is alleging that the two men used the device to try to capture customers' personal information. Authorities told the Ventura County Star that had they not intercepted the men, about 90 customers could have been affected.

Authorities say it's important to make sure they cover with their hands the keypad when they are entering a PIN number. In this location, users had to swipe a card to gain access to the ATM. Police say people should use another type of card with a magnetic strip, such as a rewards card or gift card, to gain entry through the exterior door.

The news articles failed to identify what proof police have that these two men were involved in the scam. The articles also don't say how police were able to determine that a skimming device was actually being used at this ATM.

Fraud cases can sometimes be extremely complex and can involve a number of people. White collar crime -- typically financially-based crimes that affect many people -- is often bigger than just a couple people. Sometimes, the first people to be arrested are the least culpable.

Prosecutors often will need to get those people on board as witnesses in order to successfully prosecute other suspects. It's important for suspects who are arrested to talk first to an experienced Encino criminal defense attorney before speaking to police. This may help the person avoid a major conviction if they are wiling to testify on behalf of the state. Either way, not talking to authorities can go a long way toward helping your criminal case, if you decide to take it to trial.

Continue reading "Man Charged In Encino ATM Identity Theft Fraud Scheme" »

The oldest son of Playboy Magazine founder Hugh Hefner was recently arrested and charged in connection with a domestic violence incident in Pasadena, the Los Angeles Times is reporting.

Pasadena criminal defense lawyers understand that domestic violence situations can be serious. However, sometimes allegations of violence are made without merit. When law enforcement is called to a home to investigate, it often turns into a he said/she said battle.

Unfortunately, in most cases, police will leave with an arrest, even though there is likely a conflict in the evidence. Police often will have a difficult time determining the true facts of a situation if the only witnesses are the couple themselves.

In this case, 21-year-old Marston Hefner was arrested by Pasadena police recently after a call came from his home, reporting alleged domestic violence. Police left with Hefner in handcuffs on a charge of suspicion of domestic violence.

Officers arrived at the house on West Del Mar Boulevard and after investigating determined that he had assaulted his girlfriend. He was held on the misdemeanor domestic violence charge and given a $20,000 bond, which he posted and was released later that night.

CBS News added that the alleged victim of the crime was the 2011 Playboy Playmate of the Year, Clair Sinclair.

That news outlet is reporting that she sought a temporary restraining order against the man following the incident. Hefner is being accused of kicking and punching the woman during a fight the couple had at the home.

Restraining orders can be useful tools for domestic violence incidents, but they can also be dangerous if granted without solid proof. A domestic violence victim can obtain a temporary restraining order without much effort.

The person must simply go to the courthouse, fill out paperwork, wait to see a judge and explain what they say happened. If the judge agrees, the "aggressor" then will be banned from contacting or being within a certain area of the "victim."

And all this happens without the benefit of a defense from the "aggressor." They can be kicked out of their house, kept from seeing their children and otherwise have their lives disrupted without being able to defend themselves.

Luckily, a temporary restraining order is just that -- temporary, usually only lasting a few days. Once that is granted, the defendant will receive notice of a hearing for a permanent order and that's when they can bring up points in their defense.

It is important to have an experienced Pasadena criminal defense attorney there with you in order to ensure that an order doesn't get granted with bad facts. A restraining order can not only disrupt a person's life, but ruin their reputation and cause significant stress in their life. Don't show up to a hearing unprepared. Be ready to fight for your rights.

Continue reading "Hefner's Son Involved in Pasadena Domestic Violence Incident" »

Although California's Three Strikes Law has been in effect since 1994, it has continually been a controversial subject since its inception. Under the law, defined in California Penal Code Sections 667 and 1170.12, those who are convicted of two separate crimes, which are defined as violent or serious felonies, and then any third felony, can be sentenced to 25 years to life in prison. Moreover, when one is convicted of a strike crime, they will serve up to 85% of their sentence as opposed to the typical 50%. Where one has a strike prior on their criminal record and they are then convicted of a new felony that is not a strike, they will serve twice the normal sentence at 80%. In other words, if someone has a prior strike conviction on their record and they are subsequently convicted of simple possession of narcotics, a non-strike felony which carries 16 months, 2 years, or 3 years in prison, they will serve 32 months, 4 years, or 6 years in prison at 80% if convicted.

The controversy of the Three Strikes Law comes from the fact that the third crime does not have to be violent in nature, although the first two must be violent, serious, or both. The third conviction only has to be a felony. In total, there are 26 states that use a form of the Three Strikes Law, but only California allows the third strike to be a non-violent crime. Under California Penal Code Section 1192.7, actions defined as a serious crime include:

• Murder/Voluntary manslaughter;


• Violent sexual crimes;


• Lewd or lascivious conduct on a child younger than 14;


• Arson;


• Intentionally exploding a destructive device;


• Kidnapping;


• Burglary;


• Assault with a deadly weapon;


• First degree burglary; and


• Any attempted or committed felony that could be punished by death or life imprisonment.

There are many more crimes that can be considered a serious felony, and use of a firearm in any crime often results in its classification as "serious." As such, strikes can quickly pile up for an offender and many crimes can be considered a third strike.

Any strike, whether it is a person's first or third, is incredibly serious and should be treated as such. If you or a loved one is facing charges, a Santa Clarita three strikes attorney at the Law Offices of Daniel Kann can defend you in court. Our law team understands the seriousness of a strike on a criminal record and the devastating results of being charged with a third strike. Call us today for more information on how we can help you at (888) 744-7730.

Santa Barbara Sheriffs arrested four individuals from Ventura County, two women and two men, in connection with 10 recent car burglaries. The four suspects were arrested in a Carpinteria motel on the morning of February 14 after a two hour standoff between the suspects and the authorities, according to The Ventura County Star.

Deputies went after the four suspects after they discovered a vehicle that had been associated with the burglaries parked outside of the Carpinteria motel and determined that it had been stolen in Thousand Oaks. When officers contacted the suspects within the motel room, the four refused to come out. After two hours, officers forced their way into the room and arrested them. After the suspects were arrested, officers found a large amount of stolen items in both the motel room and the stolen vehicle. The four now face charges including resisting arrest and receiving stolen property.

While theft is obviously illegal in California, it is also illegal to take property that is known to be stolen. Under California Penal Code 496(a), Receiving Stolen Property, "Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained" can be punished by up to three years in state prison for a felony charge in California, or one year in county jail if charged as a misdemeanor. The crime of Receiving Stolen Property is what is known as a "wobbler," meaning that it can be charged as a misdemeanor or a felony, usually depending on the value of the property in question. In addition, victims of the crime can bring a lawsuit against the defendant for three times the amount of damages suffered and any costs associated with the trial.

Both prison time and possible lawsuits can quickly add up for a theft defendant, especially if facing multiple counts of the crime. If you or a loved one is facing such charges in Southern California, the Ventura theft defense lawyers at the Law Offices of Daniel Kann are able to apply their years of experience and success to your case to protect you from harsh penalties. For more information, contact us today at (805) 290-4932.

The Associated Press is reporting that the entire staff of Miramonte School, where two teachers were arrested as part of a major sex scandal that has rocked the community, will be removed while the incidents are investigated.

Century City criminal defense attorneys have been following this news story since it broke because of the major allegations being made. Century City sex crimes are often major felonies that can be punishable by decades or life behind bars. Therefore, if police and prosecutors are making these allegations, they must be able to back it up with proof. Often, they can't do that.

According to news reports, a veteran teacher in the elementary school was arrested recently after authorities found photos of students blindfolded, with cockroaches on their faces and being spoon-fed substances. One of the substances is believed to be the man's semen.

Authorities have filed 23 felony charges against the teacher and he is being held on $23 million bail. The man faces counts of felony lewd act charges. The case intensified when a second teacher was arrested and charged with fondling a student.

Now, as the Associated Press reports, the school district has made the bold decision to remove the principal, teachers and even staff members when students return to school. The entire 120-member staff at the school has been replaced following the arrests.

Some parents applauded the move, while others were frustrated by the school's actions. One group of vocal parents don't want good teachers removed, and they don't want their children dealing with brand new teachers who don't know their children. Still others want to be able to monitor classrooms to prevent future allegations of abuse.

When crimes are alleged, especially when the victims are children, it's not uncommon for more alleged victims to come forward after an arrest. In some cases though, there isn't enough evidence to prove they too were victimized.

Still, police and prosecutors are urged by those in the community to make an arrest or multiple arrests, depending on the circumstances. Even if allegations are made without witnesses, often an arrest will be made because police are feeling community pressure.

This is unfortunate. For the defendant, they are being slapped with an ugly label in a very public way, which could permanently damage their reputation. And even for the alleged victims and their families, they don't want the police to make an arrest, only to see the charges later dropped or the case lost at trial.

In the later scenario, the defendant may be vindicated, but it is still an ordeal they would rather have not had to face.

This is why it's so important for police to properly investigate these cases. Without a thorough investigation, mistakes can be made and it can lead to irreparable damage. While the pressure from outraged parents in this case may be strong, it's no excuse for a lapse in judgment or justice.

Continue reading "Los Angeles School Sex Crimes Case Leads to Two Arrests, Staff Removal" »

A 45-year-old man was arrested on February 11 after barricading himself in a hotel room in Oxnard for over two hours when police came to arrest him on a warrant. The man was wanted by police for suspicion of evading a police officer earlier that same week, but when officers came to take him into custody, he told them that he had a gun, according to The Ventura County Star.

After he informed officers that he was armed, Oxnard SWAT officers, a hostage negotiation team, and police, sheriffs, and firefighters from Ventura County arrived at the scene to aid in the situation. Police attempted to negotiate with the man and have him leave the room in order to prevent any violent incidents from occurring. After more than two hours, the Oxnard man left the hotel room and peacefully surrendered to police. Police searched the room and the surrounding area, but did not find any weapon. No one was hurt during the incident.

Resisting arrest by an officer in California is a crime as defined by California Penal Code 148 (a) (1). Anyone who resists arrest, or delays and/or obstructs their own or another's arrest or the duties of any public officer, peace officer, or emergency medical technician is guilty of violating this law. If convicted, a person is subject to up to one year in county jail, a one thousand dollar fine, or both. These charges and penalties are in addition to any other charges that one may be facing for related crimes.

Resisting arrest can apply to many actions, often those that a person did not know could be considered as such. If you or a loved one is facing criminal charges, the Ventura County criminal defense attorneys at the Law Offices of Daniel Kann are available to use their years of experience to your advantage in court. For more information on how we can help you, call us today at (805) 290-4932.

After a three-year campaign by the Los Angeles Police Department to put an end to medical marijuana dispensaries in the northern San Fernando Valley, the final store was shut down at the beginning of February. The crackdown comes after the decision to shut down San Fernando marijuana dispensaries as the sale of the drug is still illegal despite the California law which makes its use legal for medical purposes, according to The Contra Costa Times.

The decision was made to shut down the shops after a large amount of community complaints about the stores and the reported rise in robberies, thefts, and assaults in connection to their presence. Additionally, because the dispensaries operate through donations made by members for the drug, the stores were seen as operating on a retail basis by authorities, which is illegal. During the string of drug store closures, police confiscated over a ton of marijuana, nine kilograms of cocaine, $2 million in cash, and 30 guns, as well as arresting 74 people.

The decision to close the stores has become controversial as the line between state and federal law has been blurry over the issue of medical marijuana dispensaries. Marijuana is considered an illegal drug by the federal government under the Controlled Substances Act, but its use and dispense under prescription is legal in California under Health and Safety Code 11362.5 pursuant to the Compassionate Use Act. Because of the contradiction, Los Angeles County has allowed dispensaries to set up shop, but there was never any hard rules covering the details of what dispensaries could and could not do. Now that many shops have been shut down, it's possible that the crackdown may continue on to other parts of Southern California.

All drug crimes in Southern California have complex guidelines and strict penalties for those found guilty. As such, those facing drug crime charges should quickly find an experienced criminal defense lawyer. San Fernando drug crime defense attorney Dan Kann has the experience and skills necessary to successfully defend his clients against harsh penalties in Southern California. For more information, call the law team at the Law Offices of Daniel Kann at (888) 744-7730.

In a strange case, a Los Angeles Police Department veteran detective has been arrested and charged with grand theft, the Los Angeles Times reports.

It is always intriguing when a law enforcement officer is arrested, especially by the agency they work for. Whether it's on a Los Angeles theft charge, Southern California drug case or other type of crime, police arresting police is always going to make the news and be fodder for water cooler chat.

But what about when the person arrested isn't a cop? These charges can be filed against any person at any time. Sometimes, it's a matter of misunderstanding and other times misidentification. Regardless of the reason for the charge, an experienced and skilled Los Angeles criminal defense attorney is needed to ensure the suspect is well represented.

An arrest is simply the first step in a long process for criminal defendants. Despite what the media may want the public to believe, it is far from a conviction. The initial news reports typically have only one side of the story, which comes from law enforcement officers who want the public to believe they are making good arrests.

It's not until the case progresses and more facts come out that the case will take shape. It's possible, especially in theft cases, that the eyewitness accounts simply aren't accurate. More and more courts across the country have been looking at witnesses with a more skeptical eye.

They may tell police they saw a person and can point him or her out of a lineup, but all too often, their memories are inaccurate or they are provided third-hand information that they tell to police. Over time, their story of what they say happened may change, which can lead to doubt as to whether the person who faces trial is guilty.

In this case, according to the newspaper, a 27-year police veteran, who was assigned to the narcotics and gang division, was arrested and charged with grand theft. The officer was involved in serving an arrest warrant at a location being investigated for narcotics crimes when another officer allegedly saw the cop taking money.

The supervisor was immediately notified and the detective's vehicle was searched on the scene. Money that police believe belongs to the suspect was found inside the vehicle. The officer was arrested by the internal affairs criminal investigation division, the newspaper reports.

A judge set bail at $20,000. The officer has been placed on administrative leave, based on what happens with the criminal and internal investigations.

What may end up being challenged by the man's Los Angeles criminal defense attorney is whether the officer was taking the money as evidence in the case. In a typical drug investigation, police will take money, drugs, drug paraphernalia and other potential evidence as part of their case. Proving the money belonged to the suspect and what the purpose for taking it could be important issues for this case.

Continue reading "LAPD Detective Charged With Grand Theft After Drug Investigation" »

Young Lee, co-founder of Los Angeles-based frozen dessert restaurant Pinkberry, pleaded not guilty on January 30 over charges alleging that the man assaulted a homeless man with a tire iron in L.A. The charges are based on a June 2011 incident, and Lee currently remains free on $60,000 bail, allowing him to return home to South Korea while awaiting a return to L.A. court on March 5. Lee has agreed to automatic extradition if he misses his court date, according to The Los Angeles Times.

The alleged incident occurred on a 101 Freeway off-ramp in East Hollywood when he and another man were approached in their rented Range Rover by a homeless man seeking money. According to police reports, the man got into an argument with the two after exposing a sexually-explicit tattoo while changing clothes, which Lee reportedly viewed as a sign of disrespect. He then parked his car on the street and demanded the homeless man kneel down and apologize to him. The man allegedly did, but Lee attacked him and beat him with a tire iron. Witnesses called 9-1-1 and police tracked Lee's car, recovering it and the tire iron.

Under California Penal Code 245(a)(1), Assault with a Deadly Weapon can be punished by two, three, or four years in state prison, or by one year in county jail and/or a fine up to $10,000. A deadly weapon is classified as any object that can inflict mortal or great bodily harm, which, in this case, was a tire iron. California Penal Code 245(a)(1), Assault with a Deadly Weapon also falls under California's Three Strikes law. Under the Three Strikes law, if one is convicted and sentenced to prison, they will serve up to 85% of their term. Moreover, if one is convicted of two strike crimes and then any third felony they will be considered a three strike offender and they can be sentenced to prison for 25 years to life.

Being charged with any assault crime, whether or not it included a deadly weapon, is a serious charge in California that can result in lengthy prison time, heavy fines, and irreparable damage to one's reputation. The Santa Clarita assault defense attorneys protect the rights of residents across Southern California against harsh penalties. For more information on how our law team can aid you in your case, call us today at (888) 744-7730.

Two Los Angeles men, one a current and the other a former baggage handler for Los Angeles International Airport (LAX), were arrested on February 2 for stealing tens of thousands of dollars from airline passengers' luggage. The two were arrested in their respective homes in South Los Angeles by officers from the Los Angeles Police Department and LAX, according to The Los Angeles Times.

According to authorities, police were issued search warrants for the men's homes and discovered more than $100,000 worth of cash and stolen property in total from the premises. While details concerning how long the operation had lasted or how the men were able to take so much are forthcoming, police are investigating whether the thefts were a part of a larger criminal ring victimizing LAX passengers. The officers involved in the takedown are from a task force focused on criminal operations at LAX.

Under California Penal Code Section 487(a), the unlawful taking of money or property valued greater than $950 is classified as felony Grand Theft, which can be punished by a maximum of one year in county jail or three years in state prison. Penal Code section 487(a) is also what is known as a wobbler, meaning that it can also be charged as a misdemeanor. Where Grand Theft is charged as a misdemeanor those convicted may be punished by a $1,000 fine, imprisonment for up to one year in county jail, or both. If the theft was less than $950, those convicted may be be charged with misdemeanor Petty Theft under California Penal Code Sections 484 and 488. Those convicted of Petty Theft can be punished by a $1,000 fine, imprisonment in county jail for up to six months, or both. In the case of these LAX thefts, the suspects may have multiple charges of each leveled at them due to many incidents of theft at LAX, leading to a great number of penalties.

If you or a loved one is facing any form of theft charges in Southern California, the Los Angeles theft defense attorney, Daniel Kann, has the experience necessary to have your charges reduced or thrown out entirely. For more information, call the Law Offices of Daniel Kann at (310) 954-9356.

When a person is convicted of a crime, he or she is often in fear that the presence of a criminal record can mar their reputation and hurt their chances of gainful employment for the rest of his or her life. This is not always the case, as an expungement will result in a set aside and dismissal of a criminal conviction.

Those convicted of crimes, both misdemeanor and felony, have the potential to have their convictions expunged from their record after fulfilling a set of requirements. Under California Penal Code 1203.4 and 1203.4(a) if the conviction did not result in a prison sentence, they can petition the court to allow them to effectively withdraw their guilty plea, set aside the conviction and, dismiss the charge after successfully completing probation or being discharged from probation pursuant to a successful motion for early termination of probation. It is important to keep in mind that even if your conviction is expunged, if the original conviction carried a firearms ban or registration requirement those restrictions and requirements will remain in effect after a successful petition for expungement. In addition, if an application for public office or state licensure specifically inquires as to whether you have suffered any convictions, you still must disclose convictions even if they have been expunged.

An expungement for a misdemeanor conviction that did not result in probation can be sought after one year from the time of conviction as long as the petitioner is not on probation for any other case and has no new criminal cases pending. As for juvenile crimes in California, when charged and convicted as a misdemeanor and sometimes as felonies, one's record can also be sealed and the conviction deemed not to have occurred if probation is completed successfully. These types of cases fall under Welfare and Institutions Code Section 654, 725, and 790. When a crime results in a sentence in state prison, those convicted can petition for a Certificate of Rehabilitation from the California Department of Corrections and Rehabilitations after serving their sentence.

While not all crimes can be expunged, most can be. Expungements can help a person not only move on in life from past convictions, expungemnts can also help get his or her life back on track after suffering the penalties for their crime. A Santa Clarita expungement attorney at The Law Offices of Daniel E. Kann will successfully petition for an expungement and aid clients in moving forward with life after a criminal conviction. For more information, contact our offices today at (888) 744-7730.

The Pasadena Police Department's homicide division has arrested two men in connection with the August 22, 2011 homicide of an 18-year-old Pasadena teenager, according to The Los Angeles Times. The two men, both 19-years-old, were arrested by a team of Pasadena police, Glendale police, and the U.S. Marshal Service's fugitive unit on January 21.

The 18-year-old was shot and killed on the 400 block of North Mar Vista Ave. on August 22; since then, police have been investigating the crime and searching for suspects. The shooting led to a community meeting by Pasadena City Council and Police over safety in the neighborhood. It is currently unknown how police determined the two suspects to be related to the shooting.

The laws surrounding homicide in California and the punishments for such offenses are defined in California Penal Code 187 through 199. While there are a variety of charges and penalties which can be applied to an act of homicide, these charges revolve around determining whether the act was done with the intention to kill someone and whether it was planned, or was caused by an extreme emotional reaction at the time. If both planned and meant to kill, the crime can be charged as first degree murder, which can receive the death penalty sentence. If it was an emotional response and was not intended to kill, it can be possibly be classified as involuntary manslaughter.

Additionally, under California Penal Code 190.2 (a) (21) intentionally murdering someone by discharging a firearm from a vehicle at those outside the vehicle is eligible for first degree murder. Those who aid in first degree murder with the intent to kill can also be charged with first degree murder penalties under Section 190.2 (c).

All homicide charges can lead to severe and permanently life-altering penalties if convicted. Call the Pasadena homicide defense attorneys at the Law Office of Daniel Kann today for experienced legal defense that can reduce or even dismiss your charges in a court of law. Contact us at (626) 376-9218.