California Criminal Defense Lawyer Blog

A few months ago, I posted on the backlog of DNA testing by the L.A. County Sherriff’s office- and how these backlogs are causing investigations to be dropped by the Orange County District Attorney’s Office because the statute of limitation has run. This week, the Los Angeles Times reports that initial tallies of cases that are affected by the backlog were underestimated. To date, there are 815 sexual assault cases with untested DNA and the statute of limitations has expired on 51 of these cases.

One Sheriff’s County supervisor said that currently 4,738 of the sexual assault kits in county storage facilities remain untested – and about 20% of them are from other police agencies in the county that rely on the sheriff's crime laboratory for DNA testing. And apparently over 100 of these cases are within six months of the ten year statute of limitations that prosecutors have to file a felony.

These are troubling statistics. On one hand, this evidence may contain the “smoking gun” to put a sexual predator behind bars and keep our communities safe. On the other hand, who knows what sort of exonerating evidence is contained in those nearly 4,800 kits. Either way, it is contrary to how law enforcement should be handling investigations and someone needs to find the resources to get through this backlog quickly and efficiently.

Continue reading " Backlog of DNA tests in L.A. sexual assault investigations is worse than initially revealed " »

If you have been arrested for a criminal charge in Orange County, your first appearance in court is called an “arraignment.” At an arraignment, a judge or magistrate informs a defendant what charges are being brought against him and what constitutional rights a defendant has- such as a right to counsel and the right to a jury trial. In misdemeanors where the prosecution is seeking jail time or in felonies, if a defendant cannot afford and attorney, a public defender will be appointed. Usually, a defendant has to complete an affidavit of indingency in order for a public defender to be appointed.

Defendants also enter a plea at the arraignment. A defendant has three plea options: a Not Guilty Plea, a Guilty Plea and a plea of no contest--sometimes called a “nolo” or “nolo contendre” plea. A Nolo plea has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.

Continue reading " I have a notice for an arraignment in Orange County Criminal Court- What does that mean? " »

Two sale-hungry women took power shopping to a new level this weekend when eight people were arrested at the Del Amo Fashion Center in Torrance after a crowd of 300 to 400 people gathered outside a movie theater to watch the women fight over clothes. The L.A. Times reports that six adults and two juveniles were arrested for allegedly assaulting a police officer and resisting arrest after the fight.

According to reports, when police arrived to break up the brawl at about 9:15 p.m. Saturday, friends of the combatants began fighting with officers and because of the size of the crowd, all available Torrance units were called. They had to also had to call for backup from units in Hawthorne, Redondo Beach, Manhattan Beach, Gardena, El Camino College and El Segundo.

Two Torrance officers were injured, Anderson said. One was hit in the face, and the other hurt his knee. Assaulting a police officer is a felony and if convicted, could subject a person to prison time.

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A Pasadena woman was raped this week and Los Angeles Police are still looking for her attacker. The Daily News reports that the victim was picked up by a motorist in a Ford F150 from a bus stop on Colorado Boulevard early Friday morning. After getting into the truck, the suspect drove the woman to an isolated location where he beat and sexually assaulted her.

According to police, after the rape, the attacker bound the victim's hands and dropped her off at a secluded spot near La Tuna Canyon Road. The suspect was described as a 40ish, 5-foot, 10-inch white male -- possibly of Hispanic descent - weighing 285 pounds, with brown hair, blue eyes and wearing a Dodgers' baseball hat. Police asked anyone with any information regarding the attack to call the Pasadena Police Department at (626) 744-4522.

There are few crimes more repulsive to the public than sex offenses- which is why a person charged with these crimes cannot afford to do anything but fight hard to get the best possible result. Fighting hard means challenging every part of the case, from identification, to scientific evidence to prior acts and witness statements. Do not attempt to handle this matter by yourself. If you have been charged with a sex crime, Orange County Sexual Assault Attorney William Weinberg can help you fight your charges. Please call (714) 834-1400 to discuss your case.

A 15-year-old boy was arrested on a Metrolink train bound for Santa Clarita for carrying an automatic rifle. The Antelope Valley boy, whose name was withheld because he is a minor, was released from custody a week ago before being picked up on the gun charges. The Daily News reports that a train rider overheard the boy bragging about the gun and notified the conductor, who called sheriff's deputies.

Under California law, juvenile offenders do not commit crimes--they commit "delinquent acts"-- and some of these actions would constitute crimes if committed by an adult. The trial phase of a youth offender case is a "jurisdictional" hearing. This means that the judge hears the evidence and determines whether the child is delinquent. The court may then take whatever action it deems to be in the child's best interest. This can range from community service to spending time at the California Youth Authority, which is essentially juvenile prison. The theoretical purpose of the juvenile penal code is to rehabilitate, not punish.

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