Los Angeles County Criminal Lawyer Blog

Police have arrested a 28-year-old man in Oxnard after connecting him to a group of 18 men spread across 14 states that are suspected of trading sexually explicit images of underage males. According to CBSLocal.com, the man was found communicating and trading child pornography over an online portal and was arrested on April 3.

The man now faces a 10-count indictment that resulted from investigations from both the Immigration and Customs Enforcement and Homeland Security Investigations Los Angeles agencies. Investigations into the group began in 2008 when an Arizona boy began receiving sexually suggestive text messages from a Lake Forest man who turned out to be a youth soccer coach. He was convicted of transporting child pornography and sentenced to 14 years in prison in 2011.

If convicted, the maximum penalties for the Oxnard suspect can reach 110 years in state prison.

Under California Penal Code Section 311.1, "Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of ... any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct" is guilty of breaking child pornography laws. This is punishable by one year in county jail and/or a $1,000 fine if deemed a misdemeanor, or a two, three, or six year sentence in state prison and/or up to a $100,000 fine if it is found to be a felony.

In addition, if the crime is a repeat offense, up to $50,000 in extra fines can be brought against the guilty party. Under Section 311.4, a person who knowingly hires a minor to perform any sexual acts can be punished by county jail imprisonment for up to one year and up to $2,000 in fines. Also, the hiring or coercing of a minor to create child pornography is a felony punishable by three, six, or eight years in state prison.

Conviction of child pornography charges not only brings lengthy prison sentences and heavy fines, but social and professional repercussions that can follow a convicted defendant around for the rest of his or her life. For help with your case from the dedicated Oxnard child pornography defense lawyers at the Law Offices of Daniel Kann, call (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" »

Los Angeles County Sheriffs arrested a 19-year-old Santa Clarita Valley man on charges of sexually assaulting 14 girls between the ages of 12 and 16 years old. Law enforcement is currently investigating the case and believes there may be other victims, according to The Los Angeles Times.

Currently, the man faces 29 counts of sexual assault as is and is being held on $1.8 million bail while awaiting a court appearance on January 11 for continued arraignment. Investigation of the man began when a female minor reported being sexually assaulted by the man earlier in December, and as the Sheriff's Department's Special Victims Bureau looked into the matter, officials found an additional 13 female victims. Allegedly, the man would meet his victims at various social events, public places, and through Facebook, claiming to be 16-years-old and knowing other teenagers by being friends with them on Facebook.

Sexual assault crimes in California can cover a wide variety of criminal acts which are punishable under California law. According to California Penal Code Section 234.4 (a), "Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."

Continue reading "19-Year-Old Santa Clarita Man Arrested for Sexual Assault of 14 Girls" »

A 58-year-old man was arrested in his Ontario, California home on December 2nd after police discovered his collection of over 500,000 images and 7,500 videos of child pornography, according to Reuters. The collection is possibly the largest ever seized in U.S. history, and has so far led to the arrests of nine other men across Southern California that the suspect led them to after his arrest.

Police had originally raided the man's home in July on a search warrant and seized multiple computers and hard drives containing the vast collection of child pornography, but did not arrest the suspect until recently with the cooperation of the U.S. Immigration and Customs Enforcement (ICE) agency. The man now faces federal charges of possessing, receiving, and distributing child pornography, and could face a maximum sentence of 50 years imprisonment. The other men arrested in the crackdown face similar charges.

Any form of involvement with child pornography is illegal at the state court level in California and the federal court level in the United States as a whole. Under California Penal Code Section 311, child pornography is defined as "obscene matter" and a person is guilty under Section 311.3 (a), "if he or she knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image ... that depicts a person under the age of 18 years engaged in an act of sexual conduct." Possessing child pornography can be punished by up to 10 years in federal prison under 18 U.S.C 2252A(a)(5)(B), and both receiving and distributing child pornography can each be punished by five to 20 years of imprisonment under 18 U.S.C. 2252A(a)(2)(A). Producing child pornography can be punished federally by imprisonment of up to 30 years under 18 U.S.C. 2251(a).

Child pornography charges carry both severe penalties and social repercussions that can damage both personal relationships and employment and ruin your life as you would be required to register as a sex offender for the rest of your life. The California criminal defense lawyers at The Law Offices of Daniel Kann can fight for your rights in court if you are facing such charges. Contact our law team for a complimentary consultation on your case by calling (310) 954-9356.

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 recent case of United States of America vs. Carl Roy Burleson shows why an experienced lawyer must be used in any criminal case.

Leaving your case to an attorney without the necessary court experience can be detrimental, and the Burleson case shows why. An aggressive Valencia criminal defense lawyer can provide solid advice to clients who have been thrust into the criminal justice system.

Whether facing drug charges in Valencia or murder charges in Ventura, a motion to suppress can hold police officers accountable for their misuse of power and allow a defendant to go free on charges that are unwarranted.

In the Burleson case, he and two others were walking down the middle of a Roswell, New Mexico, street one early morning, holding a dog that didn't have a leash. Because they were walking in the street, a police officer pulled them over and started talking with them.

As it was revealed in a pretrial hearing, the officer said there had been a rash of property crimes in the area, including a shooting, and several pet thefts had been reported recently as well. Plus, the three had violated city ordinances by walking in the middle of the street.

After talking with the three, the officer was satisfied the dog wasn't stolen -- they were afraid the dog would run off since they didn't have a leash -- and the officer didn't intend to ticket them for walking in the middle of the street.

But the situation took a bad turn after that.

After the officer, who admitted he wasn't going to make any arrests or issue any citations, spoke with the three, he asked for their identification to run a warrants check through dispatchers.

Though they were no longer suspected of a crime, the officer asked for their identification anyway. After running a check, dispatchers said Burleson had a warrant issued for his arrest. So, as the officer began handcuffing him, he told the officer he had two guns and some ammunition on him.

The officer found the two guns and ammunition and booked the man into custody. He was later charged with possession of a firearm by a convicted felon. Before trial, his attorney convinced a judge to suppress the gun and ammunition because, as the officer stated, he no longer considered them suspects in a crime and there was no good reason for him to run a warrants check.

But the prosecution appealed to the Tenth Circuit Court of Appeals, which recently overturned the ruling and sent the case back for further consideration. In its ruling, the appeals court stated that based on officer-safety concerns, the officer had the right to run a warrants check since there had been violence in that area recently.

It's unclear whether Burleson will be appealing the appeals court's decision.

Valencia criminal defense lawyers understand that a well-written and presented motion to suppress can mean the difference between a case won and a case lost. The defendant has the right to have a fair trial, and that includes making sure evidence that wasn't properly obtained stays out.

Continue reading "U.S. vs. Burleson Highlights Importance of Motion to Suppress in Valencia Criminal Cases" »

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" »