California Criminal Lawyers Blog

In a Rancho Cucamonga sex crimes case, the defendant, a former law enforcement officer, is alleging that he shouldn't be held responsible for his actions because prescription drugs altered his perception of reality.

Rancho Cucamonga Defense Attorney Vincent Howard knows that this is a valid - but rare - defense. It's called involuntary intoxication, and it's different than someone who purposely gets drunk or high. This defense purports that you became impaired or intoxicated because of actions beyond your control.

So for example, say you are at a party, the punch is spiked with an illicit drug and you don't know it. You consume the punch, believing there is only alcohol in it, and then become crazed because of the other substance, which you weren't aware you were consuming. Your actions may be excused under the law via involuntary intoxication.

What is perhaps a more common scenario would be akin to the one this defendant is describing. That is, a doctor prescribes a medication which affects you in a way you did not expect, and therefore, are involuntarily intoxicated.

Still, the reason Rancho Cucamonga criminal defense lawyers don't typically use it is because jurors have a difficult time accepting that someone could wholly separated from reality. It can be a challenging defense to prove, and it shifts the burden of proof to the defense. In a normal criminal case, it's up to the prosecutors to prove you did it. In a case of involuntary intoxication, you are not arguing you didn't do it. You instead are arguing that you shouldn't be held responsible for doing it.

Here's what we know about the specifics of this case:

The defendant in the case has been charged with kidnapping and rape in connection with a 2010 attack on a 25-year-old waitress. According to investigators, the former detective abducted her as she walked to her car after work in San Bernadino County. He then forced her to drive to a storage lot off Interstate 15. He then proceeded to sexually assault her while in her sport utility vehicle. He also allegedly punched her, pulled her hair and put a loaded gun in her mouth.

He says that he remembers none of this. His Rancho Cucamonga defense team says this is because he consumed Zoloft, an antidepressant medication that was prescribed by his doctor. Specifically, his defense team is alleging "not guilty by reason of unconsciousness." The difference between this and an insanity defense is that if he was found not guilty by reason of insanity, he would likely still have to spend at least some time in a state mental hospital. Not so with an unconsciousness defense. He could go free that day.

What may give credence to his defense is the fact that the alleged assault occurred in plain view of a security camera, with pedestrians passing nearby. Additionally, he reportedly took photographs of the alleged assault, which he then forwarded to a friend. These certainly do not appear to be the actions of a detective who was in his right mind. Surely, he would have known that those images could be used against him in court.

It stands to reason that he actually did not know the consequences of his actions, due to the influence of the prescription drug he was on.

Continue reading "Rancho Cucamonga Sex Crimes Defense: Involuntary Intoxication" »

In the vast majority of Irvine domestic violence defense cases, it's the male half of the couple who is put on the defensive.

However, Irvine Domestic Violence Defense Attorney Vincent Howard knows that when it comes to volatile relationships, rarely is only one half to blame.

That's why a recent Irvine domestic violence arrest was interesting: It was the female half who was put in handcuffs. Not only that, but it was she who first reported the alleged assault to police.

Now when it comes to domestic violence law, the definitions and penalties are laid out in California Penal Code 273.5. In law enforcement, this offense is referred to as corporal injury on a spouse, cohabitant or fellow parent.

Primarily, most of these cases are going to involve he-said-she-said accusations. There's no question that domestic arguments can be emotional, heated and confrontational. But that doesn't necessarily mean someone should be held criminally liable. In a lot of these cases, the police are called when one spouse is so angered, they want to get back at the other person. That results in allegations that are either exaggerated or just flat-out false.

In other cases, it's not even the spouse that calls - it's a neighbor, who may have no idea whatsoever about what's actually going on. The situation can quickly deteriorate from there.

While there are many other laws that address battery or assault on other people, this law is specifically written when there is an allegation that bodily injury has been inflicted upon someone by either their current or former spouse, someone they live with or have lived with or the mother or father of your child. A corporal injury is defined as having been inflicted by hitting, kicking, biting, slapping, punching or pushing. Making threats against your spouse - but not actually physically injuring them - can be prosecuted in some circumstances under other laws, but not this one.

The outcome of the confrontation doesn't have to be severe in order for the state to press charges. It could be something as simple as a scratch or a bruise.

In this case, a 33-year-old woman showed up at the police department late one Sunday night to report that her ex-boyfriend had physically abused her while at her home the previous day.

To her surprise, she was later arrested on the charge mentioned above. A Lieutenant for the Irvine Police Department reported that investigators conducted interviews and gathered evidence and ultimately found that the female half had been the main aggressor. Investigators said they found that she had scratched and slapped her former boyfriend.

This case is interesting because it may show a slight shift in the way law enforcement views domestic violence in Irvine. Just as in life, crimes are not always black-and-white. There's a tendency among officers to sometimes view domestic violence cases as cookie-cutter, and it's rare to see them step outside of that mold. That's why for anyone accused of domestic violence, a consultation with an experienced Irvine criminal defense attorney is an important first step to understanding what your options are.

Continue reading "Irvine Domestic Violence Charges Filed Against Woman Who Tried To Press Charges Against Ex" »

Los Angeles embezzlement defense cases don't have to involve large amounts of money or even people with bad intentions.

Los Angeles Defense Attorney Vincent Howard knows that a lot of people arrested for this offense may have every intention of paying the money back. They just get in over their heads. Or in some cases, they are struggling to pay for the basic necessities, and the access to cash is just too tempting when you're struggling to buy groceries.

Sometimes, these factors can be taken into consideration, but it's important to consult with an experienced Los Angeles defense attorney who can help you explore your options.

In a recent case out of Anaheim, a woman employed at the state's Department of Motor Vehicles is now facing multiple felony counts and a possible 11 years in prison after reportedly stealing $106 from her employer.

According to the Orange County Register, the 44-year-old is charged with four felony counts each of: misappropriation of public funds, computer access and fraud and falsification and concealment of public accounts.

Essentially, state prosecutors are alleging that the employee took cash from four customers for transactions that she classified as "no fee transactions." That basically means she made it look on paper as if the services didn't cost anything, but then turned around and pocketed the cash - $106 total.

Her bosses became concerned in February when a customer complained about not having received any change back after completing a transaction. She was arrested in mid-April and is now free on $25,000 bail.

And this is not the first case involving embezzlement at the DMV. Earlier last month, another employee, 38, was sentenced to four years behind bars for reportedly taking $23,000 in fees meant for commercial driver's licenses. Her attorney, however, said that according to the plea agreement, she may only serve a few months behind bars.

So it's likely, if the woman in the first case secures an experienced embezzlement defense attorney, the jail time may not be harsh. One thing that she may have going for her is that each of the transactions, at least on the surface, appear to be part of the same scheme.

Embezzlement in California, which is defined under California Penal Code 503, is essentially a theft crime. It involves taking money or goods that you were entrusted with, and it's typically seen as a white collar crime.

It's important to note, though, that if you steal from your employer on several different occasions, prosecutors will slap you with many different counts of theft - one for each transaction, as happened in the DMV case, where the woman is charged with two felonies for each of the four fraudulent transactions. But a skilled Los Angeles criminal defense attorney can make a case that each separate incident was part of a singular, overall plan, and therefore, should only be charged as one offense - which can significantly reduce the penalties.

Continue reading "Los Angeles Embezzlement Case Stems From $106 Stolen From DMV" »

Los Angeles drug crime defenses will be required for two men in their 20s - allegedly illegal immigrants - accused of operating a heroin delivery ring, following seven fatal overdoses in Simi Valley.

Los Angeles Defense Attorney Vincent Howard understands that these arrests have garnered a good deal of attention because those overdoses occurred in the wealthy suburbs of Redlands, Santa Clarita, Thousand Oaks and Valencia. Of those, four have been students - another reason eyebrows have been raised.

According to the Los Angeles Times, the 20-year-old and 27-year-old suspects are suspected of transporting and selling black-tar heroin. The two had a delivery service, in which addicts would call and the drugs would be personally delivered to their location.

In addition to the Los Angeles drug trafficking charges, the men are being held on immigration holds, as they are believed to be Mexican citizens without authorization to be in the U.S.

These arrests follow another ring that was busted in March, in which three men from San Fernando were arrested on suspicion of trafficking heroin to young people. Officers investigating that case seized $120,000 in cash and five pounds of heroin.

Law enforcement officials say much of the young people who are taking the heroin are already addicted to some form of prescription painkiller. In many cases, that involves Vicodin or Oxycontin that is stolen from their parents' medicine cabinets. Likely, that is the reason so many of these overdoses have been fatal: mixing a cocktail of prescription drugs and heroin can be deadly.

This has spurred parents of Valencia high school students to form an anti-drug task force, meaning law enforcement is likely going to be keeping a more watchful eye on suspected drug traffickers in this area.

Of course, those who use the drug can be prosecuted under California's Health & Safety Code 11350 HS, which outlines possession of a controlled substance. A lot of the younger people aren't likely to have a great deal of volume of the drug on them, and penalties for possession for personal use are far less than for those whose possession is intended for sale, or those who are caught actually transporting or selling the drug. The latter offense is defined under California Health & Safety Code 11352 HS.

In a lot of the latter cases, detectives use sting operations to catch a suspect in the act. In some instances, they'll use informants, who agree to provide information in exchange for lesser penalties on crimes for which they've been caught. In other cases, law enforcement agencies will use a decoy officer to do what's known as a "controlled buy." The laws for how these stings are to be carried out are very specific, and police tow the line of entrapment in nearly every case. That's why it's important if you are arrested for a drug crime in Los Angeles, you need to contact Los Angeles Criminal Defense Attorney Vincent Howard, who can help you analyze the unique details of your case and come up with the best legal strategy to ensure a solid defense.

Continue reading "Los Angeles Drug Crime Arrests For Suspected Heroin Dealers" »

Pasadena Criminal Defense Attorney Vincent Howard was interested in a case recently involving a burglary suspect who was shot and killed by police. His accomplice was convicted of burglary and the 911 caller is facing a charge of involuntary manslaughter.

The Pasadena involuntary manslaughter case is being compared to the shooting of Florida teen Trayvon Martin earlier this year.

Here's what we know so far:

A man called 911 back in late March to report that two men had just robbed him of his backpack, containing his laptop, from his car. He told the dispatcher that the two men were armed with guns.

That call spurred two responding officers - one on foot and one in a cruiser - to respond fast. They came across one of the suspects, 19-year-old Kendrec McDade. They said McDade reached for his waistband. Based on the information dispatch provided about the suspects being armed, officers assumed McDade was reaching for a gun. Truth was, though, he was never armed.

Apparently, the alleged robbery victim had falsely told police the suspects were armed in an effort to get them to respond to his call more quickly.

Now, McDade's 17-year-old accomplice, having confessed to two felony counts of commercial burglary, one felony count of grand theft and a misdemeanor count of failing to register as a gang member. He was just sentenced to six months behind bars.

McDade's family has filed a civil lawsuit against the city for the actions of the officers.

Now in some states, like Florida, if your accomplice is killed during the commission of a felony you were both a part of, you can be charged for their death. But in this case, the 911 caller has been arrested on a charge of involuntary manslaughter for providing false information to the 911 dispatcher.

If prosecutors do in fact move forward with this case - (they are reportedly researching the legality of it) - it would be unprecedented in California.

Of course, it is a crime under California Penal Code 653y to make a false 911 call. Generally, it's considered a relatively minor offense. The first time, you'll get a written warning. Any subsequent offenses, you'll generally get a citation and a fine.

So it's quite a jump to go from that to Pasadena involuntary manslaughter, as defined under California Penal Code 192b. This statute defines the crime as the unlawful killing of a person without malice. In the case of involuntary manslaughter, it means the death occurred while you were in the commission of either an unlawful act (not a felony) or a lawful act that you are aware might result in death and that you didn't use proper caution and circumspection.

On the surface, it would seem the law might apply to this situation. However, it seems a stretch to go from a minor offense that requires a written warning, to a felony that could result in a four-year prison term.

Continue reading "Pasadena Manslaughter Charges Possible for False 911 Statements" »

Most Los Angeles drug crimes involve minor or petty offenses - mainly, possession.

Los Angeles Drug Crime Defense Attorney Vincent Howard knows that the majority of these cases can be resolved through a plea bargain, though it's important for defendants to contact an attorney as soon as possible after an arrest - and be careful not to give any statements to law enforcement investigators in the meantime.

However, certain drug offenses can be much more serious. Such was the case in a recent bust at the Los Angeles International Airport (LAX). According to the Los Angeles Times, agents with the federal Drug Enforcement Administration seized an eye-popping three tons of an ingredient used in methamphetamine, packaged in 80 plastic bags. The substance, called methylamine chloride, is considered a crucial component in the making of crystal meth. However, it's also found in certain pesticides and pharmaceutical products.

While the ingredient was manufactured in China, it was in L.A. and bound for central Mexico, according to media reports.

If the substance had been used to manufacture crystal meth, as it was allegedly intended, authorities say it would have garnered a street value of approximately $40 million. The white powdery substance, which is highly flammable, can also be used to make club drug ecstasy.

In the past, drug smuggling seemed to happen primarily along the land borders. Now, however, authorities say drug cartels and their agents are working more often through shipments made on ships and planes.

This was illustrated recently in the bust of several TSA agents, accused of shepherding drug smugglers through security lines for bribes topping $1,000 each. Drug Crime Defense Attorney Vincent Howard recently wrote about this in his Los Angeles Criminal Defense Attorney Blog.

In this case, federal authorities are involved. Although there is no indication that anyone has yet been arrested, if authorities do trace these shipments back to anyone, the charges they are likely to face will be federal.

However, the majority of Los Angeles drug trafficking cases are going to fall under the purview of California Health and Safety Code 11352. This law is lengthy, but to break it down, it basically criminalizes a number of acts that involve illegal narcotics and controlled substances, the latter of which being defined as a drug or a chemical that is regulated by the government. Some examples of these drugs would be cocaine, heroin, GHB, opiates and certain prescription drugs like hydrocodone or oxycodone.

This law forbids you from selling, transporting, importing, exporting, administering or giving away any of these drugs. It's important to note that you don't even have to actually complete the offense in order to be prosecuted for it - you only have to offer to do so.

Law enforcement officers use a number of different approaches to try to catch suspected L.A. drug traffickers, including the use of informants, setting up undercover stings, using surveillance or by watching your Internet activity.

Continue reading "Los Angeles Drug Crime Defense: 3-Ton Meth Shipment Outbound at LAX" »

A Los Angeles DUI defense is going to be needed for a supervisor for the L.A. Department of Water and Power, who was reportedly caught drunk driving while on duty.

Los Angeles DUI Defense Attorney Vincent Howard understands that while most L.A. DUI cases don't result in headlines, the consequences in many instances can have a negative impact not only on your wallet, but your employment as well. That's why it's so crucial to have a skilled L.A. DUI defense attorney at your side through every step of the legal process.

In this case, according to the L.A. Times, the 43-year-old supervisor has been placed on administrative leave without pay, pending the outcome of an internal investigation. He was arrested by police who said he crashed his city truck into three cars that were parked.

The supervisor specializes in electrical mechanics. Officers arrested and booked him on Los Angeles DUI charges shortly after the incident, which happened on Kester Avenue. Inside his truck, prosecutors contend he had two open containers of vodka inside his truck at the time.

He was released from jail on $15,000 bail. His next hearing on the matter is scheduled for mid-May.

In California, there are two drunk driving laws, both found in Vehicle Code section 23152. In both cases, it's a misdemeanor if you are found to be driving under the influence of alcohol or drugs or if you're behind the wheel with a blood alcohol content that's higher than 0.08 percent.

In some cases, you can be charged and convicted of both crimes, even if the offense involves a single incident. Punishments can vary a great deal depending on the circumstances, and also the strength of your defense, mounted by an experienced Los Angeles DUI defense attorney. Generally, though, a first-time offender is going to be looking at probation for three to five years, up to one year in county jail, court fines and costs, mandated attendance at a DUI school, a minimum six-month suspension of your license and possible insurance rate increases.

There are some circumstances that are considered aggravating factors in Los Angeles DUI cases. These would be elements like speeding or if you're driving with a child in the car or if you're blood alcohol level is higher than 0.15 percent. Any of these can lead to higher punishments.

The majority of these cases don't go to trial. That means they are settled through plea bargain negotiations that are handled between the prosecutor and your Los Angeles DUI defense attorney. Many times, this as seen as mutually beneficial: the prosecutor can get a conviction, but on a lower charge, which means you may get a reduced sentence.

In order to prove that you are guilty of a DUI, prosecutors have to show that you were operating a motor vehicle and that you were under the influence of drugs or alcohol at the time you were behind the wheel. This sounds fairly straightforward, but a skilled DUI defense attorney can usually poke holes in the strength of the state's case, based on the unique circumstances of the incident as it unfolded.

Continue reading "Los Angeles DUI Defense Needed for DWP Supervisor" »

A former deputy is facingLos Angeles drug charges for reportedly trying to smuggle heroin into a jail via a cheese burrito.

Los Angeles Drug Crime Defense Attorney Vincent Howard understands that the defendant in this case has pleaded no contest to two felony charges, and is facing up to two years in prison.

According to The Los Angeles Times, the 27-year-old deputy pleaded to one count each of conspiracy and bringing drugs into a jail.

His plea was offered in open plea. This means that there was no deal on the table from prosecutors, and that the sentence will be solely decided by a judge.

Los Angeles Drug Crime Defense Attorney Vincent Howard knows that a great number of cases never go to trial. Most often, they are resolved through negotiation between the prosecution and the defense, with the judge approving the terms agreed upon. This is why having a skilled Los Angeles criminal defense attorney at each stage following arrest is so important.

But why would anyone want to agree to an open plea, where there is no guarantee of the sentence that the judge will hand down? First, it's important to note that if you decide to go this route, it should not be done without careful and thorough counsel from your criminal defense attorney. A plea bargain in general means you are giving up your right to have the case heard and decided by a jury of your peers. And, in most cases, your right to appeal.

Judges don't have the same freedom that prosecutors do when it comes to dropping certain charges or giving defendants the opportunity to plead to lesser charges. However, there can be advantages to an open plea in some circumstances. When a judge decides the sentence in an open plea, he or she will sometimes be more lenient when a defendant fesses up to his or her actions in this way. They'll still consider other factors, such as the severity of the crime and the defendant's criminal history.

In this case, the prosecutors say the incident involved the deputy, as well as two others who are alleged to have conspired with him. According to the indictment, those two individuals hatched a plot to get drugs into the airport courthouse jail using some type of food. The deputy is alleged to have taken the burrito from one of those individuals and then transported it into the jail.

This incident was one of a string of contraband incidents that have occurred in recent years at the Los Angeles County Jail. In the last handful of years, three guards with the sheriff's department have been convicted and another fired in connection with smuggling drugs to jail inmates.

Los Angeles jails have long been known to offer somewhat easy access to drugs, cell phones and other contraband. The Los Angeles Times has reported on numerous incidents in recent years. In one case last year, the FBI conducted a sting and reportedly caught one deputy accepting $1,500 to bring in a cell phone to an inmate who was working as an informant for federal agents.

Continue reading "Los Angeles Drug Crime Defense: Burritos and Drug Smuggling" »

Los Angeles sex crimes are often perpetrated by someone who knows the victim.

Los Angeles Sex Crimes Defense Attorney Vincent Howard knows that there is a misconception that these types of crimes are most often committed by strangers.

However, when Los Angeles sex crimes are committed by someone whom the victim does not know, such cases are vulnerable to false convictions. That's because witness testimony is always a shaky thing to rely upon when it comes to another person's freedom, especially under circumstances in which it may have been dark and the sole witness was under duress.

Now, the media is once again hyping the case of the so-called "teardrop" rapist. This is an individual who police considered one of the worst serial sexual predators, attacking women throughout the Los Angeles area.

He is called the "teardrop" rapist because many of the women have described him as having teardrop tattoos beneath one of his eyes. Tattoos are often considered a very unique feature. But Google "teardrop tattoo." You see the problem. They're everywhere.

The "teardrop" rapist is said to have committed some 27 sexual assaults or rapes in the years between 1996 and 2005. At that point, the crimes appeared to taper off. It was believed that the rapist had either been imprisoned or possibly died.

But then last month, detectives with the LAPD said a 15-year-old girl was attacked early one morning at gunpoint as she walked to school. The teenager in this case says she did not notice whether or not her alleged attacker had the tattoo that has made him so notorious, but police say DNA evidence links him to the earlier crimes. Given the publicity of the case, detectives say it is possible that the suspect may have had the tattoo removed.

So what the police have are eyewitness descriptions and a DNA profile - but so far, no actual suspect. He is described as a Latino man in his 40s or 50s who speaks fluent English and Spanish.

In 11 of the 28 sexual assaults and rapes, the victims were under the age of 18. Teens and young women have been warned not to walk alone or wear headphones if they are walking or jogging in the early or late hours in Los Angeles. While attacks have occurred on nearly every day of the week, they have always reportedly occurred between 5 a.m. and 8 a.m.

Under California Penal Code 261, rape has a very broad definition that includes a wide range of actions. Very basically, it's considered a sexual act that is committed by either actual, threatened or perceived force or when the victim is incapable of consenting, either because of unconsciousness or due to mental or physical disability. It's important to note that a person does not have to actively resist a sexual encounter for it to be considered rape, and it can be applied to both men and woman. The penalties are much higher when the alleged victim is a minor.

Continue reading "Los Angeles Sex Crimes Defense Attorney: The 'Teardrop' Rapist" »

A strong Los Angeles drug crime defense is going to be needed for airport TSA screeners accused of allowing drugs through checkpoints - for the right price.

Los Angeles Drug Crime Defense Attorney Vincent Howard understands that in this case, federal charges will apply, given that TSA workers at Los Angeles International Airport are federal employees, and that their crimes are being considered a breach of national security.

Typically, penalties for Los Angeles drug crimes are going to be broken down according to the type of drug, how much you have of it and whether it was intended for personal use or sale.

So under Health & Safety Code 11350, possessing a controlled substance, i.e., crack, cocaine, ecstasy, heroin, GHB, ketamine and certain prescriptions that you aren't lawfully prescribed, is going to result in a maximum sentence of three years in state prison. A lot of people who violate this law, however, end up qualifying for drug diversions - but that's where having a skilled Los Angeles drug crime defense attorney is going to make a difference.

And then under Health & Safety Code 11351, possessing a controlled substance for the purpose of selling it can land you in prison for between three and five years, depending on the unique circumstances of the case.

In federal cases, though, different rules apply - particularly when national security is considered to have been breached. This is where having an experienced Los Angeles drug crime attorney is going to be absolutely critical to your defense.

In this case, four screeners with the Transportation Security Administration are alleged to have received thousands of dollars in bribes. In return, they allowed suitcases full of narcotics to pass through the gates and onto airplanes. Three accused drug couriers are also named in the indictment.

According to court documents, the incidents happened in 2011, between January and July. The allegedly involved the smuggling of marijuana, methamphetamine and cocaine onto flights that were outbound.

A 30-year-old former TSA worker was reportedly the key contact. He arranged for other TSA agents to help set up "pass-throughs," of "white girls" (cocaine) and "Green Bay Packers" (marijuana) and "crystal" (methamphetaime).

When one man came through with eight pounds of crystal methamphetamine, prosecutors say a 23-year-old screener instructed him to say he had a pacemaker, so he would get a hand pat-down, eliminating the chances for a random bag search. Once the drug runner had made it through, the screener met him in the airport bathroom for his payment.

Another such incident ended badly for a drug courier who failed to follow instructions. Prosecutors say one of the TSA agents instructed the drug courier to come through her Terminal 6 X-ray machine. He instead went through Terminal 5, and was promptly arrested with 11 pounds of cocaine.

It was around this time that officials with the Drug Enforcement Operation began conducting their own investigation, using an undercover drug courier. That, according to The Los Angeles Times, was how investigators ultimately cracked the case.

Continue reading "Los Angeles Drug Crime Defense: TSA Screeners Face Federal Charges" »

A man accused of a Riverside theft of $20 worth of tools from a Home Depot store was sentenced to 29 years to life in prison.

How was this possible?

Our Riverside Theft Defense Attorney Vincent Howard understand it has to do with California's Three Strike's Law, which has garnered intense scrutiny since it was passed 18 years ago. Now, advocacy groups have gained enough signatures to put the issue before the people in a ballot initiative this fall.

In the case mentioned above, prosecutors had argued that the defendant, who had a checkered history of theft and drug convictions, was an "incurable recidivist." He admitted his most recent actions were "stupid" - but 29 years to life? Prosecutors called him the poster child for the three-strikes law.

Back in 1994, voters gave the green light to three-strikes. At the time, crime was on the rise and there was an increased awareness about the effects of crime on communities.

Proponents of the law have said that it has put thousands of hardened, violent criminals away from society for long stretches. On the other hand, it has produced cases like this, in which the punishment obviously far outweighs the crime. Another example was a heroin addict who stole nine DVDs, which he had hoped to sell for drugs. He was sentenced to 25 years behind bars.

Not only is this logically absurd and wholly unfair, it is costing taxpayers millions of dollars - and it isn't keeping them any safer.

So now, the issue is up for vote again.

As of June 2010, California had imprisoned some 33,000 second-strikers and more than 8,600 third-strikers.

While other states have similar laws, California's three-strikes law is unique in that it classifies any felony - non-violent or not - as a third strike. The only requirement is that they have to have had a criminal history that includes at least two other serious or violent crimes. That last part means anything from rape to residential burglary.

Burglary was the prior offense for the man involved in the Riverside theft case.

What is now being proposed is the Three Strikes Reform Act. It wouldn't completely overhaul Three Strikes, but it would somewhat lessen the blow. So for a third strike, if the crime isn't serious or violent, the sentence would be doubled, rather than automatically sending them to life behind bars. So what does that mean?

Let's take the example of a burglary case. Burglary is defined under California Penal Code 459 PC. When this is prosecuted as a felony under this statute, a person can be sentenced to between 2 and 6 years. Under the state's three-strikes law, it can be punishable by up to life in prison. Under the reformed law, it would be punishable by between 4 and 12 years.

It's still not a victory for Riverside theft defense attorneys, but it is certainly one step closer to fairer sentencing.

Continue reading "Riverside Theft Defense and California's Three Strikes Law" »

Many of our Orange County criminal defense clients have at some point been acquainted with something that is gaining notoriety in the wake of the Trayvon Martin shooting in Florida.

It's called "The Talk."

Orange County Criminal Defense Attorney Vincent Howard knows that minorities are over-represented in our jails and prisons, and it's partially a result of racial profiling that is beyond the control of those targeted individuals.

However, the goal of The Talk is to educate minority youth about those stigmas and what they need to know in order to avoid becoming a target of law enforcement in the event of an encounter. The discussion has become highly polarized and politicized, but the basic principals of this talk are important to share with all of our young people.

The importance of this was even further underscored with the recent shooting by police in Pasedena of an unarmed, 19-year-old black college student.

Whether or not you are engaged in Orange County crimes, there are things you can do when you encounter an officer that will help to ensure your safety.

First, there is the point that just by their youth, he or she may be considered suspicious. This is especially true for minority males. Law enforcement assumes that just because a young person is out past a certain hour or in a certain neighborhood, they must be up to no good.

That inherent suspicion - right or wrong - means that our young people need to conduct themselves accordingly in order to stay safe. That means they need to remain polite and calm throughout the entire encounter. Maintaining this decorum may lead to the encounter being over faster, or possibly help you avoid additional charges for things like obstruction of justice, resisting arrest or fleeing.

Keep your hands where officers can see them and don't make any sudden moves. Police officers are trained to react to sudden and potentially dangerous situations. Don't give them a reason to react and then ask questions later.

You don't want to lie to the police or provide them with fake documents. This can result in additional criminal charges against you. At the same time, you don't have to say anything. It is your inherent right to remain silent. If you wish to exercise that right, tell the officer out loud, and then be polite when you say you can answer no further questions without your attorney present. This may anger the officer, but it doesn't matter. Keep calm.

Prepare yourself mentally for the possibility of arrest, with the understanding that an arrest is not a conviction, so you don't need to run. That's only going to result in additional charges too. Your best course of action is to be cooperative, remain silent and contact Orange County Criminal Defense Attorney Vincent Howard at your first opportunity.

You have the right to speak with an attorney before you answer a single question, so keep that in mind, and ask for one immediately upon your arrest.

And lastly, if you are arrested, take note of every detail you can think of - even those you think may not be important at first. This will be of great assistance to your Orange County criminal defense attorney at your first meeting.

Continue reading "Orange County Criminal Defense: "The Talk" " »

The account given by a cyclist about a Los Angeles aggravated assault allegedly perpetrated by the driver of a car is being challenged by police investigators.

Los Angeles Criminal Defense Attorney Vincent Howard is encouraged that police - for once - are taking a modicum of caution before blasting full speed ahead with criminal charges.

Aggravated assault is a serious crime under California Penal Code 245 (a)(1). The problem with an aggravated assault charge is that it is easy for an innocent person to be charged with this because accusers have been known to exaggerate their stories - and sometimes even lie. In some cases, the person who is accused was either acting in self-defense or the events didn't happen as initially explained by the alleged victim.

That's what appears to be the situation here.

According to The Los Angeles Times, a 42-year-old cyclist alleged that she was chased down and hit by the driver of a Lexus in a road rage attack earlier this month. As a result, she claimed she suffered broken ribs, a broken pelvis and a broken collar bone. No doubt, she suffered sever injuries. And it does appear there was some form of road rage confrontation between the cyclist and the Lexus driver.

However, there is new evidence to suggest that the original statements the cyclist gave to police were overblown - and perhaps even outright false.

The incident reportedly happened downtown, and a detective with the Los Angeles Police Department broke down the alleged victim's statement to reporters. She said she was riding her bicycle on South Spring Street when the Lexus pulled out of a nearby garage and into the designated bicycle lane that was to the cyclist's left. The cyclist became livid. She insulted the driver, who rolled up his windows. She then slapped a side mirror.

At that point, the cyclist said she was chased down by the driver and struck, causing her to fall from her bicycle and suffer serious injury.

But now, police investigators have uncovered a security camera that seems to show at least part of the events that night. What that shows is both the cyclist and the Lexus driver, exchanging some words. Then the car does seem to follow the biker a ways down the street, but according to police, the driver did nothing illegal. Then the cyclist ran a red traffic light and ended up stopping next to the car at the intersection.

Then, two active duty police officers pulled behind the Lexus. They witnessed the cyclist continuing on straight, while the car turned right. The officers told investigators they never saw the car touch the cyclist whatsoever. What the officers do notice, though, is the wheel of the bicycle started to wobble. And then they saw the bicyclist fall.

At first, the incident came into police simply as an injury report. It was only later that the story morphed into an assault allegation.

This is just an example of what Los Angeles Criminal Defense Attorney Vincent Howard sees all the time in aggravated assault cases. It just so happened that this time, there was a surveillance video and two officers who could attest to the truth. Most suspects aren't as fortunate - which is why you need an aggressive and experienced Los Angeles criminal defense attorney.

Continue reading "Los Angeles Aggravated Assault Claim Involving Cyclist Proves False" »

Orange County fraud ultimately led to two men being sentenced to more than 30 years behind bars.

Orange County Criminal Defense Attorney Vincent Howard understands that this case involves an alleged pyramid scheme that took place online. Specifically, what the two were charged with was grand theft and securities fraud.

Securities fraud in California is a type of theft. It's also sometimes referred to as stock fraud or investment fraud, and is spelled out in California Penal Code 484(a). This generally involves people in specific trades, such as promoters, accountants and stock traders. It's a type of fraud that involves stealing from your investors or misrepresenting the value of your company or fudging financial records. It can also mean basically skimming off the top of your investors' profits, putting your client's money in jeopardy by making egregiously risky investments or by not telling your client how risky those investments are or by creating some sort of phony account, which may actually be your personal account.

These types of crimes are often technical and complex and require aggressive representation from Orange County Criminal Defense Attorney Vincent Howard. The consequences for conviction, as this case illustrates, can be severe.

The two men who were wrapped up in the scheme were a 35-year-old from Riverside County and a 64-year-old from Tennessee. They were accused - and later convicted - of stealing more than $8 million from thousands of investors in California with their co-op company, which they advertised as an online shopping venue. People would by a membership for a monthly fee for access to price discounts from big retailers like Macy's, Sears and Target. Those monthly fees ranged from $20 to $100. In the single year between 2005 and 2006, the company raked in an estimated $1.2 million in revenues.

The truth, however, was that members weren't getting any rewards or rebates. Any money they got was by getting new people to join and then having them get even more people to join.

What's more, the two partners were accused of selling fake stock in the company as s separate investment. They held seminars throughout California, trying to pitch their operation as the future of online purchasing. In these meetings, the partners told potential investors that the company was making a profit and that the first public offering would be happening soon. However, that wasn't apparently true.

They ended up hawking shares for between 50 cents to $5 each, and extended deals to investors in which they gave a two-for-one option.

Using that cash, the men reportedly spent lavishly - buying expensive houses, memberships to country clubs, pricy cars and racking up some $50,000 in credit card bills each month.

But then, the California Department of Corporations, which acts as a business regulator, began receiving complaints. They ended up turning the case over to the attorney general's office after several months of investigation.

They were convicted last spring. Earlier this month, they were sentenced to 33 and 31 years and ordered to pay more than $8 million each in restitution.

Continue reading "Orange County Fraud Nets 30+ Years in Prison for 2 Men" »

Cell phone theft in Orange County and throughout California is on the rise, particularly with the advent of smartphones - particularly models such as the iPhone, which allow consumers to pay as they go.

Orange County Criminal Defense Attorney Vincent Howard knows that the fact that someone can take a random phone up off the street and have the service switched to a new user with few questions asked has made these items particularly vulnerable to theft.

Generally, the theft of a cell phone is going to fall under California Penal Code 484, which governs petty theft. What this law says is that if you unlawfully take another person's property, you can be charged with theft. For it to be petty theft - as opposed to grand theft - prosecutors look at the value of the property. In most cases, the threshold is $950. Below that, it's petty theft. Above that, it's grand theft.

There are a number of ways that this type of theft can occur. It could be by larceny, which is actually stealing the property without the owner's permission. This is the most common form of theft, particularly when we're talking about cell phones. Another kind is by trick or making false pretenses - that is, you've made some false representation in order to obtain the property. And there's also embezzlement, which is basically when you take property that was entrusted to you. The latter might only apply to cell phones if you maybe work in a retail store where the phones are owned and take them that way.

Most of these Orange County thefts are occurring because smartphones are in demand, they're fairly expensive (between $200 and $500 for an iPhone), and they're small, so therefore easy to take without much notice. Because everyone has one and they're all virtually identical, Orange County Criminal Defense Attorney Vincent Howard knows that tracking them is tough.

The L.A. Times recently reported some eye-opening theft statistics for the most recent quarter:

In the first three months of this year, cell phone theft has spiked more than 30 percent in downtown Los Angeles. That increase is even higher in skid row, according to police.

It was broken down that nearly 55 cell phones were snatched within the 1-square mile area of skid row between January and March. Compare that to figures from all of 2011, when there were about 115 total stolen. At that rate, detectives say there would be a about a 145 percent increase this year.

In the downtown Fashion District, there were nearly 30 registered phones taken last year. In the first three months of this year, there have already been 10 cell phone theft reports filed. At Broadway and 5th Street, which is fast becoming known for an uptick in street sales of pills, there were 7 phones stolen from January through March, compared to 11 total throughout all of last year.

Detectives explain that with the iPhone, people can simply swap out the SIM card, and it's like brand new.

This is a case where newer technology hasn't necessarily meant better in terms of crime. That's because in older phones, usually if they were stolen, the service could be shut off and the phone was rendered pretty useless. But on newer models, pay-as-you-go SIM card service will essentially wipe out any record of the previous user on that phone. Detectives have said that the phone companies aren't vested in fixing this problem because if the phone is stolen, the victim will buy another one and the stolen phone will continue to be used.

The most common venue for these thefts are reportedly restaurants, nightclubs and libraries, mostly when people leave them unattended. Cell phone thefts accounted for roughly 12 percent of thefts, robberies and burglaries, and were the second-most commonly stolen item - just behind money.

Continue reading "Cellphone Theft in Orange County Rising" »