California Criminal Defense Lawyer Blog

I am always impressed when the laws of physics are turned on their ear. But when it's combined with a lot of verbal hoohah, I am doubly so.

Consider this story out of Santa Ana, California. A "special officer" with the Orange County Sheriff's Department got into an altercationwith another motorist. As the other car was driving away, the "special officer" pulled out his gun and fired at the fleeing vehicle. Where are we? Pecos, Texas? Come on!

So......the Sheriff's department mouthpiece had the cojones to say that the FLEEING car was firing at the "special officer". That is special. I look forward to seeing all the casings from the bullets fired at the Sheriff's deputy. As if Orange County needs another story like this about law enforcement.

The law is clear here (except if you're a "special officer". If you shoot a gun at someone after they anger you because you didn't like their driving style? That's a felony, folks. Ain't no doubt about it. Recklessly discharging a firearm is a felony and carries the possibility of state prison time. The District Attorney better investigate this. They've filed Attempt Murder charges against people for conduct like this. A possible defense is self defense. If the other person threatened this officer and had displayed weapons, he may argue that he was just defending himself. Gun charges are serious, especially when paired with attempt murder charges.

Continue reading " Orange County "Special Officer" Shoots At Car Driving Away " »

David Brent, a high-profile prosecutor in the Orange County District Attorney's office, was arrested on Christmas Day for punching his wife in the face.

Roshawn Brent, 27, called 911 while standing next to the couple's parked car in the city of Huntington Beach. It appears Mr. Brent decided discretion was the better part of valor and beat a retreat, taking the car keys with him.

What makes this story interesting is that the Orange County District Attorney appears to have waited several days before putting out a press release. Past history suggests they are quick to triumph following a high-profile arrest or conviction. So why the delay? It couldn't be to avoid embarrassment. The arrest was noted in the Los Angeles Times and the Orange County Register. Also, did Huntington Beach Police sit on the story? Don't they have press releases? If they did wait to tell, why so?

Domestic Violence is a common crime, cutting across all demographics. When a high official in the Prosecutor's office is arrested for such a crime, it becomes doubly important to notify the public so that the public accurately perceives the DA's office as being fair and impartial.

Whether you live in Tustin, Santa Ana or Huntington Beach, if you are charged with domestic assault, call an experienced Orange County criminal defense attorney right away to assist you.

Continue reading " Orange County Prosecutor Arrested for Domestic Violence " »

It takes an odd and disturbing commitment to flash your privates to nearly 100 south Orange County women while they are by themselves in isolated areas, like parks and hiking trails.

Christopher Holden Fenn was arrested on Feb, 2, 2008 by Tustin police after a 911 caller told them she'd been flashed through the bedroom window of her apartment.

On Sept. 25, 2009 Fenn pleaded guilty to 27 felony counts of indecent exposure with a prior conviction from 1981 and one felony count of aggravated assault.

The crimes ranged in location from Dana Point, Irvine, Laguna Hills, Laguna Niguel, Aliso Viejo, Mission Viejo, Tustin, and Rancho Santa Margarita.

Most troubling? It's hard to say, but the fact that the defendant was married and had four children of his own has to rank up there. Imagine his children having to explain where their father is for the next ten years. The fact that Fenn covered his face while committing the crimes didn't help him in court and won't help him with his family, either.

Indecent Exposure is a very serious crime that will frequently come with prison time. If the exposure is repeated, and the defendant has a criminal history of the same or similar conduct, California law permits introduction of those prior acts under certain circumstances. Whether you live in Orange, Mission Viejo or Irvine, if you are charged with flashing or indecent exposure, call an experienced criminal defense attorney right away to assist you in preparing a defense.

Continue reading " Dana Point Flasher Sentenced to Prison in Orange County Court " »

Jaime Ramirez is looking at life in prison. As a registered violent sex predator. He's not going to see the light of day if he is convicted of two aggravated rapes.

In the first one, Ramirez allegedly knocked on the door of a neighbor he knew, went inside and had a beer. Then he came back and raped her.

In the other case, Ramirez duped a co-worker into sending a new employee to his house to supposedly pick up some paperwork for her delivery route from Fountain Valley. He raped her, then threatened her with immigration if she spoke up. Nice.

The facts are the driving force in these cases. Without witnesses, the jury will rely on DNA evidence, corroborating evidence of force, such as bruising or other clinical evidence discovered by doctors and any statements made by the defendant. If a jury decides he did these crimes, he'll be branded a Sexually Violent Predator and sent to prison for life.

Rape is a very serious crime that will always come with prison time. If the rape is with someone who is kidnapped, or moved from the original area of assault, the sentence will be increased due to their inability to fight back. A major defense to rape charges is consent. Consent has to be freely given though and can not be influenced by the threat of force. Whether you live in Orange, Mission Viejo or Fullerton, if you are charged with rape, call an experienced criminal defense attorney right away to assist you in preparing a defense.

Continue reading " Costa Mesa Drycleaner Accused of Rape " »

You can't say he wasn't creative. Adolfo Aparicio, a documented Santa Ana gang member misidentified himself as an illegal alien so that he could avoid capture for an attempted murder charge for which he was being sought.

Turns out Aparicio got into a domestic dispute with his wife and mother in law. When the cops came, he took off but soon returned and took some shots at his wife, who fortunately, wasn't hurt. Aparicio fled the area again and was arrested in Arizona, where he gave a fake name. But his fingerprints did him in: they matched a wanted out of Santa Ana for the attempted murder of his wife.

Aparicio is getting deported....to Santa Ana. He'll face the criminal charges. It will be interesting to see if the District Attorney tries to charge it as a gang offense, which this incident doesn't smack of. In either event, Mr. Aparicio is going to need good legal representation, because like it or not, his gang background will come up and may work against him.

Whether you live in Newport Beach, Fullerton or San Clemente, if you are charged with domestic assault or battery, call an experienced defense attorney right away to assist you.

Continue reading " Santa Ana California Gang Member Claims Illegal Alien Status to Avoid Arrest " »

The crimes seemed simple. A person would buy something from the Apple store at the Mission Viejo Mall, or maybe at Fashion Island in Newport Beach, or at South Coast Plaza in Costa Mesa, California. A thief would break into the car after the owner left to do other shopping, and get away with new computer equipment.

But detectives began to notice a pattern based upon the type of items stolen, particularly the desirable Apple products. They set up a sting after Christmas in Mission Viejo, where eight similar burglaries had been reported. Authorities said three men followed an undercover Sheriff's deputy after he bought a printer and computer and broke into his car after he drove off, parked and shopped elsewhere.

The detectives from three counties, Orange, Riverside and Los Angeles, are sharing the information in hopes of capturing others believed to be associated with the ring. Shoppers often have to leave their purchases in their cars because they cannot take them with them which makes them easy targets.

Burglary is serious but the scale and number of the crimes makes it an even more serious situation. They will get jail time for their crimes. Whether you live in Tustin, Aliso Viejo or Brea, if you are charged with burglary, call an experienced criminal defense attorney right away to assist you.

Continue reading " Irvine, Sheriff Probe Apple Computer Thefts in Orange County " »