Articles Posted in Criminal

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There is no functional difference between temporary and permanent insanity under California law. The sole issue in California is the status of the defendant’s sanity at the time of the crime. The method of determining a defendant’s sanity is the two pronged M’Naghten rule.

1) The first prong requires a defendant to understand the nature and quality of his or her act.

2) The second prong requires the defendant to be able to distinguish between right and wrong.

A defendant who cannot satisfy both of these prongs is statutorily insane.

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As temperatures rise going into spring and summer, so does the risk of vehicular hyperthermia for children left inside hot vehicles. Each year since 1998 an average of 38 children have died in hot cars in the U.S. Although these tragedies occur nationally, California is one of only 20 states that has addressed the issue formally. The law in California (Kaitlyn’s Law) holds that leaving a child unsupervised in a motor vehicle is a violation with a fine of one hundred dollars (CAL. VEH. CODE 15620).

(a) A parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances:

(1) Where there are conditions that present a significant risk to the child’s health or safety.

(2) When the vehicle’s engine is running or the vehicle’s keys are in the ignition, or both.

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California Proposition 47, Do You Qualify?

California Proposition 47 is a recently approved law, which allows many individuals who have criminal convictions, to reduce their felony conviction(s) to misdemeanor convictions. Further, it allows those who are currently being prosecuted for felonies, to have their charges reduced to misdemeanors and prosecuted as misdemeanors. It is important to note that not all felony convictions and charges are eligible and not all individuals are eligible. Below is a brief overview of Proposition 47 and who qualifies.

Simply put, the new law reduces the classification of most non-serious and non-violent crimes from wobblers or felonies to misdemeanors. Wobblers are crimes that may be prosecuted and either a misdemeanor or a felony, depending upon the circumstances. Typically, the types of crimes eligible for Prop 47 are property and drug crimes. However, individuals who have prior “disqualifying” convictions will not qualify for Prop 47. Those convictions include any felony offense, which requires Penal Code 290(c) registration or convictions under Penal Code 667(e)(2)(C), (serious, violent crimes, including murder and certain sex and gun crimes, and registered sex offenders). The following are some of the crimes eligible for reduction of penalties under Proposition 47:

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Being arrested and facing criminal charges is a traumatic experience but choosing the right lawyer can minimize the stress and anxiety one suffers while moving through the process toward a resolution. When trying to decide which lawyer is right for you, there are a few things to consider when making a decision.

1. Choose an attorney who is familiar with the local courts. Every courthouse in every county has it’s own procedures. I have been working out of the same courthouses for more than 20 years and have developed professional and trusting relationships with court staff, which is very valuable for an attorney when it comes to strategy. My more than 20 years of criminal law defense work in Orange County, has allowed me to create relationships with judges, district attorneys and court staff, as well as the knowledge of how each particular courtroom works. Knowing who to talk to has afforded me opportunities to get the most positive outcome for my clients.

2. Choose an attorney who will maintain close personal contact with you. Facing criminal charges can throw most peoples lives into a spin and the anxiety can be at times overwhelming. Being able to talk to your attorney when you are feeling most vulnerable is invaluable and can make the whole process a little less stressful.

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A Santa Ana youth coach who was convicted of molesting three boys over a two year period of time faces possible life in prison. The youth coach was found guilty of nine counts of lewd acts with a minor, four counts of showing pornography to a minor and one count of attempted lewd acts on a child under 14, and possession of child pornography. This coach met the boys while coaching them on different sports teams. He would befriend their parents first and then gain favor with the boys by bringing them gifts. The youth coach admitted to molesting one victim but denied the others in an attempt to avoid a life sentence.

A conviction of multiple molestations carries sentencing enhancements which calls for a life sentence.

Child molestation defense requires a qualified Orange County Criminal Defense Attorney, experienced in sex crimes and familiar with the court in which the case will be heard. These cases often come down to who the judge or jury believes. An experienced Irvine Criminal Defense Attorney defending a person charged with child molestation will know when, and if, it becomes necessary to use psychologists, character witnesses or other tools to achieve the best outcome for his client.

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After a neighbor noticed suspicious activity at a neighbor’s house, police were called regarding a possible burglary. The Westminster Police arrived just as a car with four suspects in it drove off. The police officers chased the car, which ended up crashing into a brick wall. Three suspects were caught and arrested on suspicion of burglary. Westminster Police are still looking for the fourth suspect.

A charge of burglary can be filed as a misdemeanor burglary or felony burglary depending upon the circumstance of the burglary and the criminal history of the person being charged with burglary. A conviction of felony burglary can result in up to 6 years in California State Prison.

Possible defenses to burglary are consent, lack of intent or intoxication. If the suspect’s attorney can show that his client was so intoxicated he could not form the intent to steal prior to entry into the house, the defendant may be acquitted.

Any person who is being charged with the crime of burglary in Orange County California needs an experienced Orange County criminal defense attorney. A good Orange County criminal defense attorney will be able to achieve the best possible outcome for someone being charged with burglary, whether in Westminster, Irvine, Tustin, Newport Beach or Santa Ana.

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Last week, the FBI released a survey that proved that in 2008, crimes in Orange County went down, especially violent crimes and property crimes. This dip in crimes is a nationwide trend with violent crimes down 1.9% and property crimes down 1%. Property and violent crime dipped in both Santa Ana, Anaheim and Irvine. In Santa Ana, however, murders and non-negligent manslaughters increased. The only crime that increased throughout Orange County was theft, which likely went up because of the tough economic times.

I think it is great that crime is down right now. This shows that people are being more educated on effects of crime and alternatives to crime. Normally, in tough economic times, people get desperate and commit crimes to get what they want. Unfortunately, homicides went up in Santa Ana, likely due to the heavy gang activity in Santa Ana. Now that these statistics are out, the county will know where to focus their attention in providing resources to those that may commit crimes.

Whether you live in Laguna Woods, Tustin or Orange, if you are charged with a crime, call an experienced criminal defense attorney to assist you.

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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.

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According to the L.A. Daily News, Securities and Exchange Commission (SEC) Chairman Christopher Cox said his agency neglected to pursue allegations of wrongdoing by Bernard L. Madoff, the alleged perpetrator of a $50 billion Ponzi scheme for the last ten years. As a result, Cox ordered a probe by the SEC’s inspector general, saying the agency’s staff had never brought the Madoff matter to the attention of commissioners.

Madoff, the former chairman of the NASDAQ Stock Market, was arrested December 11th and charged with a single count of securities fraud, which if proved, may rank among the biggest frauds ever—totaling $50 billion of fraudulent losses. A Ponzi scheme—sometimes called a pyramid scheme—is a fraudulent investment operation where investors receive abnormally high returns out of the money paid in by subsequent investors, rather than from the profit from any real business.

Many of the investors allegedly swindled by the Wall Street money manager are Jewish philanthropists and non-profit organizations. The Daily News article states that the effect of the loss to Jewish philanthropic world is nothing less than “catastrophic,” however at this time it doesn’t appear the fraud has had any effect on Los Angeles organizations.

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A Riverside man who was jailed for two years as a suspect in 40 arson fires has sued Riverside Fire Department officials and a dog handler who linked him to the crimes by using a controversial device intended to pick up human scent at crime scenes. Michael Espalin is now asking for damages in a federal lawsuit he filed in Santa Ana.

The only evidence brought against him at his criminal trial was a bloodhound named Dakota–whose handler said the dog found Espalin’s scent at the fires days and weeks after they were set in 2004. According to the lawsuit, there was no physical evidence or eyewitness linking Espalin to any of the fires.

According to the LA Times, Espalin is at least the sixth person in Southern California cleared since 1996 after being linked to a crime by the “scent transfer unit STU-100”– a machine that supposedly transfers human scent from an object at a crime scene to a 5- by 9-inch gauze pad. The pad is then put to a bloodhound’s nose, and the dog theoretically follows the scent to the suspect. The machine and the dogs used with it have led to false arrests in several high-profile cases including an Irvine man whose murder conviction was thrown out by a judge who said the machine was scientifically unreliable. In addition, a Long Beach man arrested as a serial rapist was cleared by DNA tests. And a Buena Park man sent to prison for a carjacking was freed when DNA from the crime scene was matched to a man already in custody for another carjacking.

Unable to post $500,000 bail, Espalin spent two years in county jail awaiting trial.

More than $2.3 million has been paid out in lawsuits stemming from some of the cases.

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