California Criminal Defense Lawyer Blog

Doesn't anyone get points for ingenuity? I don't think so in this case. Seems this kid decided he didn't need to buy a stolen gun for "protection". So he made one himself.

Well, he tried to fire it and it worked! Oops. It worked so well it went through some neighbors' walls and the cops came out. Looks like our Thomas Edison is going to the grey bar motel on a felony charge of discharging a firearm into a residence. The police think he's a gang member, too, so they're adding those charges.

What may end up happening is that the minor may plead to a negligent discharge, instead of the more serious strike offense of a straight discharge. In either event, the police have this kid in their sights and he'll be watched carefully from now on. All police departments and an Orange County criminal defense attorney will look for this kind of thing to be repeated.

Continue reading "Santa Ana Teen Builds Homemade Gun" »

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" »

Joey Roy Hawkins, a former long boarder and surf champion, was arrested last week on suspicion of being under the influence of methamphetamine and possessing a loaded gun while sitting in his car near a youth shelter in Huntington Beach. Shelter employees called police after they saw a suspicious man walking around the shelter. When officers got there, Hawkins was sitting in his car with a gun and drug paraphernalia. He was arrested, charged and pleaded not guilty to two felony charges of possessing methamphetamine while armed and of possessing the drug.

Since Hawkins will be charged with both drug and gun charges, it is likely that he may face some prison time. Luckily, police got there when they did because it was unclear what Hawkins planned to do with the loaded gun while under the influence of a mind altering substance. Although everyone has the right to own a gun under the Second Amendment, there are restrictions on where you can have the gun. If you have any questions pertaining to gun laws, look up your city and state regulations. Whether you live in Coto De Caza, Costa Mesa or Fullerton, if you are charged with drug or gun charges, call an experienced DUI defense attorney right away to assist you.

Continue reading "Huntington Beach Surf Legend Arrested For Drug & Gun Possession" »

Wearing a wig and handkerchief over his face, a man robbed a Bank of America in Laguna Hills last week. He walked into the bank, forced the employees and customers to line up against the wall and held them at gunpoint. He then led the bank manager and a teller to the vault where he made them open it and give him an undisclosed amount of money. He was described as being a 5 foot male weighing about 100 pounds. He had stated that he had a partner waiting outside and the bank surveillance camera caught an image of a blue Dodge Ram with custom rims in the parking lot that they believe was the getaway vehicle. The bank was robbed at the same time last year by a similar looking suspect and they will now offer $10,000 for any information relating to the suspect or the robbery.

It is amazing to me that even with all the security the bank has, people can still rob them. Whether in Laguna Hills, Irvine, Fullerton or Newport Beach, most banks have tons of surveillance cameras and secret panic buttons and even a security guard, but people still are brave enough and able to rob them. It will likely just be a matter of time before these suspects are caught. A $10,000 reward for information is tempting for anyone who knows anything about the suspects or the robbery. The bank robbers will likely face plenty of prison time once caught.

Continue reading "South Orange County Bank Robbed" »

A Huntington Beach couple were terrorized Wednesday afternoon when robbers broke in with handguns and stole a shotgun and some marijuana plants. The police are continuing their investigation into the crime.

What makes this interesting is what was taken. It may be that the victims become defendants since they would have admitted to possessing a large number of marijuana plants, unless they had a prescription to cultivate it for personal use. Medical marijuana is not legal in all states and can only be prescribed by physicians.

The robbers additionally stole a shotgun and a handgun that belonged to the Huntington Beach couple. If the residents of the home do not have a gun permit, they may face criminal charges.

Whether this robbery occurred in Newport Beach, Irvine, Westminster or Fullerton, the defendants would be facing serious prison time.

Continue reading "Orange County Homeowner Robbed At Gunpoint" »

A Tustin couple were arrested yesterday for possessing over 100 marijuana plants after an anonymous tip led police to their home. Police found a grow room, with over 100 plants, lights, and irrigation system in place.

The police said when they went to the house they could smell marijuana. They also found some firearms inside and what looked like a bomb.

Several issues jump out on this story. First, the police said they smelled marijuana. An Orange County defense lawyer will want to examine the location of the plants to see if they could have given off an odor detectible by someone. It's possible that the police used dogs to alert upon the scent of the plants, but either way, it will be an issue to litigate in court.

Another question is whether the suspects were growing for a marijuana/pot cooperative. It's likely that the charges will be filed in Santa Ana Superior Court as felonies.

Continue reading "Tustin Pot Grower Busted in Orange County Raid" »

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.

Continue reading "Juvenile arrested at Santa Clarita Metrolink station for gun possession" »

Earlier this week I posted a blog about the effectiveness of gun control and it seems that gun control is also on the minds of Los Angeles City Council.

Yesterday, the L.A. Times reported that the Public Safety Committee of the Los Angeles City Council approved a package of gun control measures that would make it easier for landlords to evict tenants with illegal firearms and place new permitting requirements on ammunition vendors. The committee approved an ordinance banning the sale of .50-caliber ammunition and, under one of the proposed ordinances, employees handling ammunition would now be subject to a background check.

The measures were introduced as part of the Mayor’s anti-gang initiative.

Continue reading "L.A. city council approves gun control measures" »

A 64-year-old San Diego man was shot and killed Friday night during a confrontation with police that began when he allegedly fired several shots into the home of a San Diego sheriff's deputy. Tony Perry from the Los Angeles Times reports that the incident began when the man banged on the door of the sheriff’s Lake Murray home and demanded to know if the resident was a San Diego police officer. According to reports, at some point then, the man began to argue with the deputy and allegedly brandished a handgun. The off-duty deputy then slammed the door and the man fired three shots into the home, police said.

Police responded to 911 call about shots being fired and surrounded the home of the alleged shooter while attempting to persuade him to surrender. A half-hour later he emerged, carrying a gun that he pointed at officers. Six officers fired at the man, fatally wounding him. What an unfortunate end to what appeared to be a tense standoff between this man and San Diego Police.

Continue reading "San Diego Police Kill Gun Brandishing Man" »